Lawyer Puts Juvenile Law to the Test

By Cole, Bill | Daily Herald (Arlington Heights, IL), January 29, 2000 | Go to article overview
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Lawyer Puts Juvenile Law to the Test


Cole, Bill, Daily Herald (Arlington Heights, IL)


When attorney Tom Carroll challenged the constitutionality of a law that sent a McHenry County teenager to prison for five years for stealing two CDs, one of his arguments was that the law is vague.

Carroll lost the challenge, but seems to be making his point.

Jeff Hoey received the prison time for violating the terms of his probation for aggravated robbery when he was 16.

For the crime, the Harvard teenager received a sentence blending juvenile terms with adult penalties for noncompliance. The year-old Extended Juvenile Jurisdiction provision is part of a get-tough crime measure.

Prosecutors earlier this month successfully argued the preponderance of evidence showed Hoey had stolen the compact discs, and the 5-year prison term was invoked.

After the hearing, McHenry County juvenile court Judge Thomas F. Baker said the case was no longer a juvenile matter.

However, felony court Judge Thomas A. Schermerhorn Thursday said the case is not an adult court matter either.

Carroll is seeking a reconsideration of Baker's ruling, a standard step before an appeal.

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