QUESTION

How do I prove my innocence and my boyfriends in a case?

Asked on Sep 27th, 2013 on Criminal Law - Illinois
More details to this question:
My mother had bought me a lladro figurine every year for the day i was adopted. She has passed away 7 years ago now. I moved out of my fathers in to my boyfriends but still had a key and access to my fathers house.I took my figurines and pauned them to be able to pay the bills last month and my father had me and my boyfriend arrested claiming they were his. I had the receipts with my moms name and my name on them to prove they were mine but when incarcerated my father retrieved all my belongings, including the receipts from my boyfriends apartment. I was bonded out but my boyfriend is still incarcerated. How do i prove to the court that the figurines are mine and not my fathers? I have family on my mothers side that know my mother bought them for me but they live farther away and most likely wouldn't be able to come to court to testify for me. Please help, me and my boyfriend are facing class 3 fellonie charges for theft and possession of stolen property.
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1 ANSWER

Criminal Law Attorney serving Naperville, IL at Law Office of Ken Wang
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This is a very difficult question to answer online because it is fact specific issue and will require a great deal of investigation.  You should request a public defender or else hire a private attorney.  Under 720 ILCS 5/16-1(f)(1), if your father has any legal interest at all in the figurines then you have no legal defense.  If they are indeed yours, you will have to provide evidence to the State by a different manner, such as by affidavit.    
Answered on Sep 28th, 2013 at 11:53 AM

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