Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 11-15-2024
Case Style:
The People of the State of Illinois v. Adam M. Florzak
Case Number: 19-CM-955
Judge: Paul B. Novack
Court: Circuit Court, Lake County, Illinois
Plaintiff's Attorney: Lake County, Illinois Prosecutor's Office
Defendant's Attorney:
Description:
Hammond, Indiana criminal defense lawyer represented the Defendant seeking to expunge and impound criminal records.
In April 2019, defendant was charged with two counts of domestic battery (720 ILCS 5/12-3.2(a)(1), (2) (West 2018)) arising from an incident in which he allegedly "struck Gina Florzak [(his wife)] about the body with a door." On December 3, 2019, he entered a negotiated plea of guilty to one count of disorderly conduct (id. § 26-1(a)(1)) and was sentenced to one year of court supervision. Terms of the supervision included the performance of 25 hours of community service
and submission to an anger management assessment. Supervision was to terminate on December 3, 2020.
* * *
Section 5.2 (d) of the Act addresses the procedures to be followed when seeking to expunge or seal the records. A verified petition-containing the petitioner's name, date of birth, current address, and, for each arrest or charge sought to be sealed or expunged, the case number, date of arrest (if any), identity of the arresting authority, and "such other information as the court may require"-is to be filed with the clerk of the court where the arrests occurred or the charges were brought. 20 ILCS 2630/5.2(d)(1), (2) (West 2022). The circuit court clerk is to promptly serve a copy of the petition and documentation to support the petition on the state's attorney or prosecutor who was charged with the duty of prosecuting the offense, the Illinois State Police, the arresting agency, and the chief legal officer of the unit of local government effecting the arrest. Id. § 5.2(d)(4). Any of those parties, within 60 days of service, may file with the circuit court clerk a written objection to the petition stating with specificity the basis of the objection. Id. § 5.2(d)(5)(A), (B).
* * *
People v. Florzak, 2024 IL App (2d) 230196, 2-23-0196 (Ill. App. Nov 15, 2024)
Outcome: Judgment vacated and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments: