three convictions rule

[pebbles77]

What is the name of your state? Illinois
My boyfriend has been convicted of crimes twice. Now he is in jail for a battery charge. He did not really hit the person but he damaged some property. With the three strikes rule will he be sentenced to jail again (for the rest of his life) if this person presses charges? Also can that person get an order of protection and not press charges?

 

[freeou8122000]

Three Conv. Rule

it depends. three conviction rules only applies to felony convictions. by looking at the situation, since, no people were injured, battery charge most likely be pleaded down to misdemeanor. with cooperation of your boy friend promising to seek counseling for temper management and other promises, he should be fine. just in case, if i was your boy friend, i would get a decent attorney. also, try to have friends, relatives, pastor or whoever vouch for him. most importantly, your bf has to control himself and clean his act up because he can't around with his previous convictions hanging over his head.

 

[stephenk]

what were the two previous convictions and how long ago were they?

 

[pebbles77]

Well there may be a bright spot in this. But they put him in maximum security jail. His bond is set at $20,000 meaning $2,000 to get him out. He has been out of jail for four years and not even having a traffic ticket. But the person that was involved said she will be pressing charges because she doesn't like him and would like to just see him gone. The other two times he was in jail was for felony crimes. I was a witness to the event and I have to be in court for that. The state seems like they want to turn it into a big event so thats why I am not sure how they will handle things even if the girl decides to change her mind.

 

[JETX]

"Well there may be a bright spot in this."
*** Where???

From your post, it appears that they are at least considering pursuing 3rd-time charges. Simply, they do NOT impose $20,000 bond for a misdemeanor battery charge!!!

Oh, and ignore the crap from 'freeou8122000'. He/she/it clearly has NO legal education or experience. With two prior convictions, and with a strong case against him (with a witness willing to testify), it is unlikely that there will be ANY plea bargain offering.

 

[Pfaffing85690]

Well there may be a bright spot in this

Awwwww come on Jet, there really IS a bright spot as IAAL will be more than happy to point out.

One more criminal off the streets

 

[pebbles77]

Well my boyfriend is out but I am still not clear that if charges were pressed that he would of made it out of there. The offended told the truth in court and the charges were dropped.

 

[stephenk]

and is he still your boyfriend? If yes, why??????????????????

 

[pebbles77]

Hey Stephen whatever the rest of your name is. You have written twice and still not answered my questions but instead asked questions of your own. The second one has nothing to do with legal advice. Since you don't have any you have no reason to reply.

 

[JETX]

"You have written twice and still not answered my questions but instead asked questions of your own."
*** And what EXACTLY were your questions that you claim were unanswered??

And why not answer the questions asked by others?? The only practical reason is that you are too embarassed.

 

[Pfaffing85690]

1.With the three strikes rule will he be sentenced to jail again (for the rest of his life) if this person presses charges?

2.Also can that person get an order of protection and not press charges?

These were your questions?

what were the two previous convictions and how long ago were they?

This was stephen's question immediately following your post.

Now, you tell me why you failed to answer his questions and then tell me why he would ask such questions?

I know for a fact (you figure it out) that he's not doing so to hear himself type.

 

[pebbles77]

If someone were to read my posts then they would see that I wrote that he had two prior felonies. It doesn't matter what he did but that they were felonies. I also mentioned that he had been out of jail for four years without any problems. But his next question had nothing to do with what this string is all about. Now if he wasn't my boyfriend would I really care? Or is it that somebody is thinking single female. Also I did state that this whole thing has been resolved and he is free. Happy reading.

 

[Pfaffing85690]

until the next felony

 

[pebbles77]

Well if he wants to be in jail for the rest of his life I guess he will commit one or be set up by the police again. Its amazing how some people can just tell a little lie and get away with it.

 

[stephenk]

"It doesn't matter what he did but that they were felonies."

Shows how much you dont know.

In any event, let your boyfriend ask his attorney. That's what the lawyer is getting paid for.