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Void Ab Initio Impact
Summary
When a statute is declared void ab initio, it is considered invalid from the outset, as if it never existed. In Illinois, if a firearm enhancement is void ab initio, the 20-year sentence for it should be disregarded. The judge may need to re-evaluate the sentence without the voided statute. If the appellate court vacates the enhancement, the judge could adjust the sentence, potentially leading to release if the original sentence is already served. Options for legal assistance include public defenders, legal aid organizations, and law school clinics. If the appellate court vacates the enhancement, it could lead to immediate release. Keep an eye on the appellate courts decision and consider legal assistance if needed.Full Conversation
Currently charged with attempted murder September 4th * with a firearm in the state of Illinois.I was giving 20 years firearm enhancement that has been declared void ab-initio. What would the outcome be of her ruling?
If the firearm enhancement has been declared void ab initio, it means it is treated as if it never existed. In this situation, the *-year sentence added for the firearm enhancement should be disregarded. The judge would need to re-evaluate the sentence without considering the voided statute.
Are you currently seeking a legal representative to assist with this matter?
Are you currently seeking a legal representative to assist with this matter?
No I can't afford an attorney
If you're unable to afford an attorney and are dealing with a serious charge like attempted murder, you might want to consider the following options:
- Public Defender: In criminal cases, if you cannot afford an attorney, you are typically entitled to a public defender. You can request one from the court.
- Legal Aid Organizations: Check if there are any legal aid organizations in your area that can offer free or low-cost legal assistance.
- Law School Clinics: Some law schools offer free legal services through clinics run by law students under the supervision of experienced attorneys.
Would you like more information on any of these options?
- Public Defender: In criminal cases, if you cannot afford an attorney, you are typically entitled to a public defender. You can request one from the court.
- Legal Aid Organizations: Check if there are any legal aid organizations in your area that can offer free or low-cost legal assistance.
- Law School Clinics: Some law schools offer free legal services through clinics run by law students under the supervision of experienced attorneys.
Would you like more information on any of these options?
No thank you
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Would you like to be connected to local lawyers who can better assist you with your case?
Would you like to be connected to local lawyers who can better assist you with your case?
If you were sentenced 6 years plus 20years Ifor the firearm enhancement. If I've already completed the 6years Ican the judge resentence me?
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If the firearm enhancement is declared void ab initio, the judge should disregard it and potentially resentence you based on the remaining valid charges. You may wish to consider pursuing a motion for resentencing.
Would you like more information on how to proceed with this?
If the firearm enhancement is declared void ab initio, the judge should disregard it and potentially resentence you based on the remaining valid charges. You may wish to consider pursuing a motion for resentencing.
Would you like more information on how to proceed with this?
How can I be resentence if I've already completed the sentence?
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In situations where part of a sentence is based on a statute that has been declared void ab initio, a motion can often be filed to vacate the invalid portion and seek resentencing. This can apply even if you've completed the sentence, as the legality of the sentence is challenged. You might consider:
- Filing a motion for post-conviction relief or a motion to vacate the sentence.
- Consulting with a public defender or legal aid organization for guidance.
Would you like more information on how to file such a motion?
In situations where part of a sentence is based on a statute that has been declared void ab initio, a motion can often be filed to vacate the invalid portion and seek resentencing. This can apply even if you've completed the sentence, as the legality of the sentence is challenged. You might consider:
- Filing a motion for post-conviction relief or a motion to vacate the sentence.
- Consulting with a public defender or legal aid organization for guidance.
Would you like more information on how to file such a motion?
Thank you
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This seems like a high-value case given the implications of the void ab initio statute on your sentence. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about the issue?
This seems like a high-value case given the implications of the void ab initio statute on your sentence. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about the issue?
This is a high-value case. My husband has served 21 years in Illinois department of corrections. He was sentenced 6years for the attempted murder that he has served. And now he is serving 20 years for the firearm enhancement. What I'm asking is can he be immediately released due to the void ab-initio?
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Given the complexity and implications of the void ab initio statute on your husband's sentence, this is indeed a high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about the issue?
If you agree, I can help gather your contact details to connect you with a lawyer.
Given the complexity and implications of the void ab initio statute on your husband's sentence, this is indeed a high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about the issue?
If you agree, I can help gather your contact details to connect you with a lawyer.
At the present moment he doesn't want a lawyer. He was offered 6 years for an attempted murder in *. He didn't take the 6 years and went to trail. He was then given 6years ran consecutive and 20 years for the firearm enhancement. Which gave him 26 years but they were consecutive so he served the *-year sentence and now he's on the 20th centers he's been incarcerated for 21 years. Now he is in appellate court on the 24th of June and he goes back to state court on the 11th of July.
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Given the void ab initio status of the firearm enhancement, your husband's situation indeed has significant legal implications, possibly leading to a change in his sentence. Since he doesn't want a lawyer right now, I recommend keeping an eye on the appellate court's decision. If circumstances change or he reconsiders legal assistance, exploring options like public defenders or legal aid could be beneficial.
Given the void ab initio status of the firearm enhancement, your husband's situation indeed has significant legal implications, possibly leading to a change in his sentence. Since he doesn't want a lawyer right now, I recommend keeping an eye on the appellate court's decision. If circumstances change or he reconsiders legal assistance, exploring options like public defenders or legal aid could be beneficial.
Okay what I want to know is can the judge resent them on the *-year sentence or can she just vacate the entire case
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In your husband's situation, the judge is unlikely to vacate the entire case for the attempted murder charge, especially since the sentence for that has already been served. However, the judge can potentially address the firearm enhancement due to it being declared void ab initio. This could involve vacating the enhancement and potentially adjusting the sentence accordingly. The appellate court's decision will be crucial in determining the next steps.
In your husband's situation, the judge is unlikely to vacate the entire case for the attempted murder charge, especially since the sentence for that has already been served. However, the judge can potentially address the firearm enhancement due to it being declared void ab initio. This could involve vacating the enhancement and potentially adjusting the sentence accordingly. The appellate court's decision will be crucial in determining the next steps.
So if the pellet Court vacates the firearm enhancement then the judge would give him an immediate release
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If the appellate court vacates the firearm enhancement, the judge could adjust the sentence. Since the *-year sentence for attempted murder is already served, this might lead to his release. Would you like to be connected to local lawyers who can better assist you with your case?
If the appellate court vacates the firearm enhancement, the judge could adjust the sentence. Since the *-year sentence for attempted murder is already served, this might lead to his release. Would you like to be connected to local lawyers who can better assist you with your case?
Not at this time but I will come back after the appellate court ruling.
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Given the situation, it's a high-value case due to the implications of the void ab initio statute on your husband's sentence. When you're ready to proceed after the appellate court ruling, feel free to reach out for further assistance or connection to local lawyers.
Given the situation, it's a high-value case due to the implications of the void ab initio statute on your husband's sentence. When you're ready to proceed after the appellate court ruling, feel free to reach out for further assistance or connection to local lawyers.
Sure will thank you so much
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It seems your husband's case is quite significant due to the legal implications involved. If the appellate court vacates the firearm enhancement, it could indeed lead to a change in his sentence and possibly his release.
When you're ready to seek legal assistance or have more questions after the appellate court's decision, feel free to reach out. Good luck with everything!
It seems your husband's case is quite significant due to the legal implications involved. If the appellate court vacates the firearm enhancement, it could indeed lead to a change in his sentence and possibly his release.
When you're ready to seek legal assistance or have more questions after the appellate court's decision, feel free to reach out. Good luck with everything!
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