The State filed a petition to revoke defendant’s probation related to a guilty plea she entered into for drug charges. The State offered a negotiated disposition to dismiss all but one allegation of the petitions to revoke and to immediately terminate defendant’s probation if defendant admitted to the remaining allegation and served 90 days in jail. The offer expired without defendant accepting it and the trial court modified defendant’s probation to include new conditions. Defendant appealed, arguing that her counsel was ineffective for failing to properly advise her about the State’s offer. The appellate court remanded for further proceedings, explaining that defendant had established all the elements to show that she was denied the effective assistance of counsel and that the proper remedy was to require the prosecution to re-offer its proposal to defendant. (GRISCHOW, concurring and DOHERTY, concurring in part and dissenting in part)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel