I was charged with a felony, my first, for spitting on a police officer. I have violent history but my first felony. I would like to attempt to defend myself. I have read there are ways to motion the court in a manner that would force the state' attorney(Illinois, Dekalb County) to act in a timely fashion. If the motions were not followed up on a timely manner by the state than it could be dismissed due to a technicality. Will this approach hinder the sentence if all is followed up correctly by the state's attorney? Do I risk a harsher penalty because I chose to defend myself aggresively? The battle I want to fight is against police brutality, but this approach is one I cannot win. But I would like to test the legal system and I am willing to deal with harsher consequences.

Thank you (innocent until proven guilty)

IMO spitting is the most disgusting. Especially nowadays when you could be violated by a contagious disease. I think you just admitted to doing it in your first sentence. Sorry I can't help with your question regarding defending yourself though. Why, on earth, did you spit on a police officer?

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Originally Posted by dcook056

But I would like to test the legal system and I am willing to deal with harsher consequences.

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Hello dc:

Spoken by a fellow who doesn't truly understand the term "harsh consequences".

excon

Defending yourself aggressively means not trying to do it yourself. Are you a lawyer? If not, you are barely defending yourself at all.

A fight against police brutality? Considering you assaulted a police officer don't you find this a bit ironic and hypocritical?

To answer your actual question: you do not risk harsher penalties by defending yourself "aggressively". You face harsher penalties for not hiring a lawyer who actually stands a chance at getting your sentence reduced or mitigated.

Hello again, dc:

Steve is right on!

I thought about leaving things as they were. But, it's not fair to you. Given your position, I doubt very seriously that you'll TAKE my advice... But, that's not going to stop me from giving it to you anyway. You do with it what you will. I also thought about letting you suffer the consequences of your stupidity... But, the consequences could be so drastic, that NOBODY, not even a stupid person such as yourself, deserves them.

I'm not talking about a couple months here. I'm talking about YEARS here... I really don't think you're willing to suffer THOSE consequenses... But, maybe you are. I don't know you.

I say YEARS, because that's what you could wind up with... I don't know if you've heard of mandatory sentences... You ARE being charged with an "aggravated" felony. You did assault a cop. They HATE you - ALL of 'em - the JUDGE too. They want to BURY you under the walls of the prison...

By defending yourself, you're handing them that very opportunity, on a SILVER platter.

excon

Quote:

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Originally Posted by dcook056

Thank you (innocent until proven guilty)

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BTW - you assaulted a cop. You might want to get over the thinking that you are innocent until proven guilty, no matter what the law might say.

I strongly recommend you to get an aggressive lawyer.
It will only be childish if you try to defend yourself.

I agree my roommate is going through the samething and I would get a lawyer if you want to get it maybe reduced to a lesser charge if not good luck hope it works out for you

The man who spit on our police car got a year in jail. Something to think about, and the court system you are going into is one of the worst I can think of.

If you are going to try and pretend to be Perry Mason, forget it. Also I am going to assume you are out on bond, in most cases, the request for a speedy trial is not really taken if you are out on bond, but more so if you were refused bond or could not make bond.

But speedy trial, often if they get to you within a year that is considered fairly speedy.

If you defend yourself, most likely you will get twice the time.
Get a good attorney, if the evidence is a slam dunk work out a plea agreement

I totally agree with the other answers here. You seem to think you are somehow special and that kind of an attitude won't work in front of a Judge - it will actually work against you big time. You somehow think that you will "magically" have your charges dismissed due to them not filing their paperwork in time. Fat chance, believe me, and it won't happen. Sure, go on and keep defending yourself and send us a post card telling us just how many years you got in prison for defending yourself in court.

Hello again, d:

I'm giving myself an honorary "reddie" in solidarity with my friends... I don't know how you got THEM, and missed ME.

excon

OP being rude closed