Illinois LAW , Illegal representation ?

This is a discussion on Illinois LAW , Illegal representation ? within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Need help with this one, we recently had our 13 year old son on a city ordinance violation,,, we went to a bench trial , Dad went "pro se" to ...

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    Illinois LAW , Illegal representation ?

    Need help with this one, we recently had our 13 year old son on a city ordinance violation,,, we went to a bench trial , Dad went "pro se" to represent his son,(he is NOT a Licensed Attorney) ,, obviously we lost ,, Judge wrote out the fines .. with the city prosecutor Attorney .
    NOW question is ? we just found out that according to Illinois Statutes from a telephone call to a LEGAL Attorney , Dad was not legal to represent his son > if so WHY was nothing said ? Did the Judge and the City Attorney fall foul of knowing their own Statutes ?
    Is this proceeding now false ?
    Does there have to be a new trial ?
    Or is there a chance this could all be thrown out ie: dismissed ??
    NOW we need a an Attorney to sort this out hopeful in our favor this time


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    You will need to consult with an attorney but be careful because it appears the dad acted illegally and could get in trouble for the unauthorized practice of law.
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    But the City Attorney AND the Judge KNEW he was just a DAD representing his son, he had filed motions beforehand , If they knew that , shouldn't they have told him beforehand ,, you can NOT do this ?? This all started back in september with MANY phones calls to the City Attorney , they knew he was an Air Force guy ,,he was also wearing his Air Force Flight Suit in Court, because he went straight to work after .

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    He may legally be able to file motions on behalf of the minor. You say he represented the minor at the hearing. Was he questioning witnesses? How was he practicing law at the hearing? Just being there as the parent, of the minor, is not practicing law.

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    yes the Judge allowed him to cross examin the the prosecutors witness's , The prosecutor attorney even mentioned when he fumbled on a picture question,, he Stated to the Judge (more sarcastic than anything) well he is doing this "pro se" and the Judge replied oh yes ..
    All through this NO one said he could NOT , there was a bench with other prosecutors for the traffic and other violations going on and when they were all finished they sat and watched our trial and everyone in there knew Dad was no attorney !
    We find this rather amusing now ? DO they not know there own rules and Statutes,, we did NOT know until yesterday until we talked to an Attorney briefly ,, we will be back today ,,
    Dad has done "pro se" before but for Himself, in a child custody so he had no thoughts he was not allowed to defend his son and No one told him otherwise in the court , or even talking to the prosecutor Attorney beforehand !
    Last edited by morabian12; 02-09-2012 at 11:10 AM.


 

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