16 year old son - Class A Misdemeanor??

[Jhasko84]

I live in Illinois. My 16-year old son was pulled over this morning for going 91 in a 55 (dumb, I know) and has to go to court in September. When doing some Googling, I see that anything 35+ is a Class A Misdemeanor in Illinois as of 2014 (Court Supervision used to be an option, but I guess it's not anymore) and is punishable of $2500 and/or jail time.

1. Does any of the possible outcomes change since he is a minor?
2. Should I get a lawyer?
3. Would a public defender be as effective as a hired lawyer?
4. What should I expect in court?

 

[HRZ]

Son should get an attorney ...this is not about you

 

[Jhasko84]

Son should get an attorney ...this is not about you

Thank you for that. He has a job and may have to save up to afford an attorney, I just wasn't sure if it was necessary.

 

[xylene]

Son should get an attorney ...this is not about you

Thanks for the life lesson that reflects your values, but OP should definitely hire their minor son a lawyer if they can afford it if they'd rather not have their kid go to jail.

 

[not2cleverRed]

I live in Illinois. My 16-year old son was pulled over this morning for going 91 in a 55 (dumb, I know) and has to go to court in September. When doing some Googling, I see that anything 35+ is a Class A Misdemeanor in Illinois as of 2014 (Court Supervision used to be an option, but I guess it's not anymore) and is punishable of $2500 and/or jail time.

1. Does any of the possible outcomes change since he is a minor?
2. Should I get a lawyer?
3. Would a public defender be as effective as a hired lawyer?
4. What should I expect in court?

1. You can obtain some of this information from the State site. In particular, any restrictions based on his initial licensing will be extended. For example, he will have to go a while longer without friends in the vehicle.

2. It would be advisable to get a lawyer.

3. I do not think that you should even qualify, financially, for a public defender.

4. You should expect a lot of hurry up and wait, and very little patience with excuses. Junior would be advised to dress neatly, like he's going to church like his male responsible adult relatives would dress, if going to a church wedding, keep his attitude in check, and be respectful to the point of groveling. No smirks, no eye rolling, no finger tapping of boredom or irritation. Turn the smart phone off, leave the fidget spinner at home (or whatever annoying thing they're doing this week), and look earnest and attentive.

 

[LdiJ]

Son should get an attorney ...this is not about you

Off the wall on this one HRZ, son's a minor.

 

[HighwayMan]

And if nothing else happens, dad should make sure junior doesn't get a car to drive for quite a while.

 

[Jhasko84]

And if nothing else happens, dad should make sure junior doesn't get a car to drive for quite a while.

Definitely is losing privileges for quite some time.

 

[Jhasko84]

1. You can obtain some of this information from the State site. In particular, any restrictions based on his initial licensing will be extended. For example, he will have to go a while longer without friends in the vehicle.

2. It would be advisable to get a lawyer.

3. I do not think that you should even qualify, financially, for a public defender.

4. You should expect a lot of hurry up and wait, and very little patience with excuses. Junior would be advised to dress neatly, like he's going to church like his male responsible adult relatives would dress, if going to a church wedding, keep his attitude in check, and be respectful to the point of groveling. No smirks, no eye rolling, no finger tapping of boredom or irritation. Turn the smart phone off, leave the fidget spinner at home (or whatever annoying thing they're doing this week), and look earnest and attentive.

Thank you. He is a very respectful kid outside of this dumb decision he made.

 

[Jhasko84]

1. You can obtain some of this information from the State site. In particular, any restrictions based on his initial licensing will be extended. For example, he will have to go a while longer without friends in the vehicle.

2. It would be advisable to get a lawyer.

3. I do not think that you should even qualify, financially, for a public defender.

4. You should expect a lot of hurry up and wait, and very little patience with excuses. Junior would be advised to dress neatly, like he's going to church like his male responsible adult relatives would dress, if going to a church wedding, keep his attitude in check, and be respectful to the point of groveling. No smirks, no eye rolling, no finger tapping of boredom or irritation. Turn the smart phone off, leave the fidget spinner at home (or whatever annoying thing they're doing this week), and look earnest and attentive.

Are you saying that you would hire a lawyer instead of using a public defender? What can the hired attorney do that the public defender can't? I don't have much experience with these things.

 

[quincy]

Are you saying that you would hire a lawyer instead of using a public defender? What can the hired attorney do that the public defender can't? I don't have much experience with these things.

The major difference between a public defender and a private attorney is the time available to devote to a single client and case, with a public defender generally having limited time due to a large caseload. But an advantage to having a public defender, besides cost, is a public defender often knows well the court, the judge and the prosecutor, and has good experience.

 

[Jhasko84]

The major difference between a public defender and a private attorney is the time available to devote to a single client and case, with a public defender generally having limited time due to a large caseload. But an advantage to having a public defender, besides cost, is a public defender often knows well the court, the judge and the prosecutor, and has good experience.

Thank you so much for that answer. Do I meet the public defender on the day of the case? Or can a meet be set before that?

 

[not2cleverRed]

The major difference between a public defender and a private attorney is the time available to devote to a single client and case, with a public defender generally having limited time due to a large caseload. But an advantage to having a public defender, besides cost, is a public defender often knows well the court, the judge and the prosecutor, and has good experience.

Additionally, whether or not one qualifies for representation by a public defender is based on financial need. Some people cannot afford legal representation, due to their lack of assets and income.

OP's household assets include a car that can go over 90 mph. I would think, since Junior is a minor, and this is a moving violation, that the adults legally responsible for him would also be financially responsible for him. If that is the case, it is also likely that their Affidavit of Assets and Liabilities would indicate that they are financially capable of paying for his legal representation.

JHasko, here is a link to some FAQs about Public Defenders.

 

[Jhasko84]

Additionally, whether or not one qualifies for representation by a public defender is based on financial need. Some people cannot afford legal representation, due to their lack of assets and income.

OP's household assets include a car that can go over 90 mph. I would think, since Junior is a minor, and this is a moving violation, that the adults legally responsible for him would also be financially responsible for him. If that is the case, it is also likely that their Affidavit of Assets and Liabilities would indicate that they are financially capable of paying for his legal representation.

JHasko, here is a link to some FAQs about Public Defenders.

I didn't think about them using my and my hubby's income into account for a public defender.

 

[HRZ]

I don't know if a public defender at tax payer expense makes sense for a traffic violation ...but apparently - Class A misdemeanor carries a potential 1 year in jail upon conviction and that's a different issue.

The accused is entitled to counsel and may ask the court for same when the matter is called ....Personally the parent and son would be smart to review his options before September ...