Victories - Part 3

Case: 12 CR 13XX
Practice Area: Criminal Defense
Date: December 2, 2013
Outcome: NOT GUILTY AT TRIAL

My client was the happy recipient of a not guilty today on four counts of Aggravated Unlawful Use of Weapon with no valid FOID card (720 ILCS 5/24-1.6 (a)(1)/(3)(c)). While he was initially charged with 4 counts under the Agg UUW statute, the first 2 were dismissed by the State’s Attorney due to People v. Aguilar and my Motion to Dismiss. He is a security guard and was pulled over for a broken tail light. He voluntarily told the ISP (Illinois State Police) trooper that he had his gun on him, that he is a security guard and showed him his FOID card. Trooper ran the card and found it revoked. It was revoked due to his previous Agg UUW arrest. I did a bench on that one and got a not guilty as well. His FOID was returned to him at the conclusion of his first trial.

So, the issue I presented at trial is NOT whether his FOID card was revoked, but whether he had knowledge. The client testified that never received any notice of the revocation. State argued strict liability, but I effectively argued that the word "knowingly" under the statute modifies the entire statute, not just the portion relating to possessing a firearm. The judge agreed that it modifies the entire statute and found him not guilty.

Case: 11 CR 19XX
Practice Area: Criminal Defense
Date: November 20, 2013
Outcome: NOT GUILTY AT TRIAL

My 22 year old client, with no criminal background, was charged with Armed Robbery and Aggravated Battery . This case carried a mandatory 21 year sentence if convicted because there was an allegation that a firearm was used during the offense.

My client was charged along with another co-defendant after they allegedly robbed a pizza delivery guy. Even though my client did not possess the weapon, because he was “involved” the state’s attorney was attempting to use the law of accountability to charge him with the same crime as the co-defendant. The law of accountability states that a defendant must engage in a common criminal design or agreement, any acts in furtherance of that common design committed by one party are considered to be the acts of all parties.

And I tell all of my clients, even if I believe they have a difficult case, you never know what will happen when an officer or civilian victim testifies. In this case, the officers sworn report stated that my client actually took possession of the pizzas, after his co-defendant held a gun to the victim’s head, and ran into a neighboring house. There were also allegations that not only was a gun held to the victim’s head, but that three other masked individuals were involved who attacked the victim, causing bodily harm. At trial the victim made no mention of my client possessing a firearm or taking possession of the pizzas. A motion was made after the state’s attorneys rested their case for a directed finding of not guilty. The judge heard arguments from both sides and determined that my client could not be found guilty and found my client NOT GUILTY! And my scared client did not even have to testify.

Case: 131120089XX
Practice Area: Criminal Defense
Date: July 30, 2013
Outcome: Finding of No Probable Cause

My 37 year old client, with no criminal background, was charged with Unlawful Use of Weapon (UUW) after the Chicago Police searched his vehicle after finding cannabis outside the vehicle. The police claim they saw cannabis also in the vehicle on the front passenger seat, resulting in a search incident to arrest. Thankfully the officer at the preliminary hearing testified truthfully that the gun was found in the CLOSED center console of the vehicle. I successfully argued that under the Diggins and Holmes cases, a closed center console is considered a “case” and thus there was no violation of the UUW statute. Judge agreed, finding of no probable cause.

Case: 12-2584XX
Practice Area: Criminal Defense
Date: June 19, 2013
Outcome: Not Guilty

Client was charged with BATTERY . The State’s Attorney offered my client court supervision, which is not a conviction and could eventually be expunged from his record. Considering the facts of the case, I highly recommended that he reject the offer and set the case for trial. The allegations were that my client grabbed the victim using two fingers at the base of her neck and then walked away. The victim never reported the incident to the police or sought a warrant for his arrest. 7 weeks later, she sees him on the street and yells at him. He then allegedly, from across the street, threatens to slap her. The victim then calls the police and informed them that my client grabbed her by the neck 7 weeks ago! For some reason, the police arrest my client not for what occurred on the date of the arrest, but for something that occurred weeks ago. Even the judge couldn’t figure out why my client was charged and granted my motion for directed finding. NOT GUILTY!

Case: 12 CR 134XX
Practice Area: Criminal Defense
Date: June 18, 2013
Outcome: Not Guilty

Client was charged with CRIMINAL SEXUAL ASSAULT (RAPE) , which is a Class 1 Felony punishable from 6 to 30 years in the Illinois Department of Corrections. There is no probation for this offense. If that wasn’t bad enough, he would have to serve 85% of his time in prison AND register as a sex offender for the rest of his life. The State’s Attorney offered to reduce the charge to a probationable offense which would keep my client out of prison and only require my client to register as a sex offender for 10 years. I suggested that he reject that offer and set the case for trial. The allegations were that while my client’s niece was living with him, he committed an act of sexual penetration using force or the threat of force. This was not the case. I successfully argued at trial that whether he committed the act or not, what he did was not illegal. After cross-examining the victim, I made a motion for directed finding which if granted, my client would be found not guilty and would not have to testify in his defense. The judge deliberated for quite awhile but after reviewing the testimony of the victim and consulting the statute, she found that the state could not prove their burden beyond a reasonable doubt and granted my motion. NOT GUILTY!

Case: 13-2028XX
Practice Area: Criminal Defense
Date: May 13, 2013
Outcome: Not Guilty

Client was charged with BATTERY , which should have been charged as Criminal Sexual Assault, but thankfully was not. The allegations were that while my client was acting as a licensed massage therapist, he fondled the victim’s breasts. The victim made no claim of the alleged fondling until AFTER the massage was over and she went home. The case went to a bench trial and after testimony by both my client and the victim, the judge found that the victim was no credible and that the State’s Attorney had not met their burden of proof beyond a reasonable doubt. NOT GUILTY.

Case: 12-2279XX
Practice Area: Criminal Defense
Date: Mar 27, 2013
Outcome: Case Dismissed

Client was charged with theft at Midway Airport. Allegedly he picked up an iPad at security and walked off with it to his gate. The State's Attorney had a video and two TSA Agents in court when we set the case for trial. The victim, who had always appeared in court ready to proceed, failed to appear. The State asked for a continuance which was summarily denied by the judge when we answered ready for trial. Case dismissed!

Case: 12-2350XX
Practice Area: Criminal Defense
Date: Mar 21, 2013
Outcome: Not Guilty

Client was charged with two counts of battery . This absolutely should have been charged as a felony aggravated battery due to the use of a weapon and the nature of the injuries, great bodily harm. The allegations were that my client slashed each victims neck, resulting in a 4 inch permanent gash. Case was set for trial, both victims appeared and testified, and it was more than evident that there was in fact a 4 inch large scar on each victim's neck. The problem is that each victim had conflicting testimony at trial, neither actually saw my client with a weapon, both were intoxicated at 5:00am when they came out of the bar, AND one of the victims actually started the altercation with my client by attempting to punch him in the face! When he pushed her away, and she fell, she got up and instead of retaliating against my client, she decided to punch his girlfriend, who was already on the ground! Motion for directed finding granted, not guilty!

Case: 12 CR 215XX
Practice Area: Criminal Defense
Date: Mar 13, 2013
Outcome: Not Guilty

My innocent 26 year old client, with NO criminal background, was charged with False Report of Vehicle Theft and Insurance Fraud , a Class 2 felony subjecting her to a possible 3-7 year prison sentence if found guilty. This case was assigned to a special prosecutor with the financial fraud unit and upon my request to dismiss the charges or even reduce them, refused, stating they had a solid case against my client. My client forgot where she parked her car, made a police report and then found her car 5 days later, after reporting the loss to her insurance company. She immediately contacted the police to advise them she found her vehicle and informed the insurance company as well, withdrawing her claim. Refusing the state's offer of probation, we went to trial and she was found NOT GUILTY!

Case: DUI Reduced
Practice Area: DUI / DWI
Date: Mar 12, 2013
Outcome: DUI Reduced to Reckless Driving

17 year old client with no driver's license charged with DUI . Client totaled her car and seriously injured her passenger. This should have been charged as a felony. I was able to not only keep the charge from becoming a felony, I successfully convinced the state's attorney to REDUCE the charges to a reckless driving!

Case: 12-2476XX
Practice Area: Criminal Defense
Date: Feb 25, 2013
Outcome: Not Guilty

Client was charged with battery to a taxi cab driver after an altercation that occurred over a window shade! Cab driver tried to claim that my client attacked him when my client was the one with the injuries. We went to trial and after testimony by my client and his girlfriend, the judge didn't believe a word of what the cab driver said and found my client not guilty.

Case: 12-2433XX
Practice Area: Criminal Defense
Date: Feb 04, 2013
Outcome: DISMISSED

Client was charged with theft/forgery and was facing a year in jail based on her prior criminal history. We demanded trial and the state was unable to produce testimony from any reliable witness. Case DISMISSED!

Case #: 12 OP 786XX
Practice Area: Criminal Defense
Date: Jan 16, 2013
Outcome: Order of Protection DENIED

Client's roommate was seeking an Order of Protection against her for battery . An Order of Protection would harm my client as it affects her rap sheet. Petitioner tried to have my client agree to a restraining order, which we refused. After a hearing, where the Petitioner was completely unbelievable, the court DENIED the Order of Protection and my client was vindicated!

Case #: 11 CR 151XX
Practice Area: Criminal Defense
Date: Jan 08, 2013
Outcome: Guilty on lesser included offenses resulting in less prison time.

We don't "win" every case but this client was charged with multiple counts: aggravated vehicular hijacking, aggravated unlawful use of a weapon and aggravated unlawful restraint. These charges carried a sentence of 22 to 45 years upon conviction. Took the case to trial and the judge found my client NOT GUILTY on the unlawful use of a weapon which reduced the sentencing range down to 6 to 30 years, saving my client numerous years in the Illinois Department of Corrections. Client was ecstatic regarding the result and his sentence is day for day so he will be back home with his family soon!

Case #: 12 DV 758XX
Practice Area: Criminal Defense
Date: Sep 28, 2012
Outcome: NOT GUILTY

Client was charged with electronic harassment for allegedly sending a text with a handgun and a threatening message. After the victim/complaining witness was unruly while testifying and the fact that she "broke" her phone and was unable to produce the text in court at trial, my client was found NOT GUILTY! Then she started a commotion in court and was taken into custody. Justice was served.

Case #: 122138XX
Practice Area: Criminal Defense
Date: Aug 30, 2012
Outcome: DISMISSED

Client was charged with aggravated assault to a peace officer. While my client was already handcuffed with his hands behind his back, the police allege that he charged at him and thus was in fear for his safety. Laughable at best! Case was dismissed on the date set for trial.

Case #: 11 CR 166XX
Practice Area: Criminal Defense
Date: Aug 13, 2012
Outcome: NOT GUILTY

My client and her cousin were charged with aggravated battery with great bodily harm. This stemmed from the victim having been seriously injured as a result of a fight outside a bar in Chicago. The Chicago police did no investigation as to the identity of my client and she was only arrested on the statements of the victim. Client found not guilty at trial.

Case #: 12-1996XX
Practice Area: Criminal Defense
Date: Jul 18, 2012
Outcome: DISMISSED

Client was charged with theft from an elderly woman by use of a power of attorney. I continued the case for a few months to convince the state's attorney that they would not be able to prove my client's guilt beyond a reasonable doubt. Case dismissed today!

Case #: 11-2636XX
Practice Area: Criminal Defense
Date: Jul 16, 2012
Outcome: DISMISSED

Client charged with unlawful use of a weapon after Chicago Police arrested him for drinking on a public way. There was also a passenger in the van with him. They searched the center console in his van and found an unloaded weapon. Not a chance I was going to plea him guilty on these facts. Case set for trial twice. None of the four officers appeared in court on any of the four occasions and finally the state's attorney had no choice but to dismiss all charges against my client!

Case #: 11 CR 31XX
Practice Area: Criminal Defense
Date: Jul 09, 2012
Outcome: Not Guilty

Client charged with ATTEMPTED MURDER . Victim suffered severe brain injury as a result of a fall while on narcotics mixed with alcohol. Blamed my client for her injuries. She made three different statements to the detective and no physical evidence was presented at trial against my client. Found not guilty!

Case #: 11-2645XX
Practice Area: Criminal Defense
Date: Jun 27, 2012
Outcome: Not Guilty

Client, who is on probation, was charged with a simple assault for allegedly stating to someone, "I'm going to kick your a**!" State's attorney offered a deal, which we rejected in favor of going to trial. At trial I argued that words alone do not constitute an assault. Judge agreed and found my client not guilty, of course.

Case #: 12-1874XX
Practice Area: Criminal Defense
Date: Jun 08, 2012
Outcome: Not Guilty

Client was charged with unlawful use of a weapon after an unfounded arrest for drinking on a public way. After an unknown unreliable "concerned neighbor" told the police "It's in the trunk!", the gun was recovered. Not guilty after trial! No probable cause to search.

Case #: 12-60020XX
Practice Area: Criminal Defense
Date: Jun 05, 2012
Outcome: NOT GUILTY

Client was charged with domestic battery to his girlfriend's daughter. Turns out the fight was between the daughter and her mother, my client was only attempting to break up the fight. State's attorney was made aware of this fact and that the daughter would testify at trial that my client did not touch her. State's attorney proceeded on the case and at trial client was found NOT GUILTY on a motion for directed finding!

Case #: 12-1874XX
Practice Area: Criminal Defense
Date: Apr 18, 2012
Outcome: Motion to Quash Filed - Case Dismissed

My young client in law school was charged with unlawful use of a weapon after the police falsely arrested him for drinking on a public way and illegally searched his vehicle. We filed a motion to quash the arrest and suppress evidence and the state dismissed the entire matter!

Case #: 11 CR 125XX
Practice Area: Criminal Defense
Date: Apr 04, 2012
Outcome: Not Guilty

Client charged with aggravated unlawful use of a weapon while working as a security guard. He had a valid FOID card but no other credentials required to carry a firearm. And the security company he was employed with had its license revoked. Took the case to trial as my client could not risk a conviction. Found not guilty!

Case #: 10 CR 134XX
Practice Area: Criminal Defense
Date: Jan 25, 2012
Outcome: Motion to Quash Granted

Client was charged with criminal damage to property, a felony due to the amount of damage. After attempting to have the matter dismissed, with no luck, the matter was set for trial. Client found not guilty after the court determined that the witness for the prosecution was not credible and state did not meet their burden of proof.

Case #: 10 C4 411XX
Practice Area: Criminal Defense
Date: Jan 11, 2012
Outcome: Not Guilty

Client was charged with criminal damage to property , a felony due to the amount of damage. After attempting to have the matter dismissed, with no luck, the matter was set for trial. Client found not guilty after the court determined that the witness for the prosecution was not credible and state did not meet their burden of proof.

Case #: 11 CR 201XX
Practice Area: Criminal Defense
Date: October 3, 2011
Outcome: Reducer from Felony to Misdemeanor

Client charged with aggravated domestic battery with strangulation. Successfully convinced state's attorney to reduce the charges to a misdemeanor!

Battery Trial
Practice Area: Criminal Defense
Date: September 15, 2011
Outcome: Not Guilty

Client was charged with Battery/Bodily Harm for a fight that occurred with his business partner. We answered ready for trial on the first court date and after only three questions, the judge found my client NOT GUILTY.

Case #: 10 CR 145XX
Practice Area: Criminal Defense
Date: August 30, 2011
Outcome: Not Guilty

Client charged with aggravated battery with great bodily harm - a felony in Illinois due to the nature of the injuries. And my client was facing possible deportation. Client found not guilty based on the video which clearly showed my client was not the aggressor.

Case #: 10CR 170XX
Practice Area: Criminal Defense
Date: Jul 18, 2011
Outcome: Not Guilty

My client was charged with Aggravated Unlawful Use of a Weapon. He was stopped by the Chicago Police Dept. for illegal window tints, obstruction and no front tag. While under arrest, vehicle was searched and a .357 Magnum was recovered along with my client's bullet proof vest, utility belt and various security guard badges. Even after informing the police that he was a security officer on his way to work, when he was legally allowed to carry a weapon, he was arrested anyway. Matter was set for trial and my client found not guilty after it was determined that the gun was in fact lawfully cased and the weapon was not immediately accessible by my client. Victory was his.

Case #: 10 C4 409XX
Practice Area: Criminal Defense
Date: Jun 08, 2011
Outcome: Motion granted in favor of the defendant

Successfully presented a motion to quash a consent to search my client's bedroom where a Category II sawed off shotgun and 28g of cannabis , scale and baggies for distribution were recovered. My client's mother gave consent to search her adult son's bedroom. What the police didn't realize, or should have realized, is that she cannot give consent to search a private area of her home, only the common areas. Changed the charge from Armed Violence, with a minimum sentencing range of 10 years + at 85% to a Class 2.

Case #: 2011 Assault Case
Practice Area: Criminal Defense
Date: May 10, 2011
Outcome: Not Guilty

Client charged with Aggravated Assault with a butcher knife. Victim claims my client came charging down the stairs of the apartment building in which they both lived. Victim ran out of the building and my client allegedly chased her down the street with the knife, yelling and screaming that she was going to kill her. Victim "gets away" and returns to the apartment building later. Fearing for her life, she waits until about 15 hours later to even contact the police. Finding of NOT GUILTY.

Case #: 10 CR 64XX
Practice Area: Criminal Defense
Date: Feb 23, 2011
Outcome: Not Guilty

Client was charged with counterfeiting United States Currency. State offered a reducer to a different charge but I refused on behalf of my client after discussing the ramifications of pleading guilty. He agreed and we set the matter for trial. The State was unable to prove their case beyond a reasonable doubt and my client was found not guilty on all counts.

Case: 09 CR 190XX
Practice Area: Criminal Defense
Date: Jun 16, 2010
Outcome: Reducer

Client was charged with Aggravated Unlawful Use of a Weapon (UUW) while confronting the person who stole his coat among other items during a previous burglary of my client's home. My client was also on active military duty and could not have a conviction for a felony on his record and remain the service. We convinced the State's Attorney's office to reduce the charges to a misdemeanor so that he could remain on active duty and did in fact deploy to Afghanistan immediately thereafter to service our country.

Case: 07 CR 54XX
Practice Area: Criminal Defense
Date: May 04, 2007
Outcome: Motion to Quash Granted

My client was charged with driving on a revoked license as well as possession of a controlled substance after a traffic stop was effectuated. The police claim that my client's tinted windows were too dark and that's why he was pulled over. This all occurred at around 8:00am. We argued to the court that on this vehicle there was no tinting and asked the officer to prove up this point, which he could not. Court not only granted our motion to quash but told the officer that he thought this was a pretextual stop as my client was Caucasian and he was driving through a predominantly African American neighborhood.

Case: People of the State of Illinois v. XXXXXX
Practice Area: Criminal Defense
Outcome: Client's felony charge reduced to misdemeanor

Client facing deportation on a conviction for felony theft . I was able to successfully argue to the State's Attorney for a reduction to a misdemeanor charge.

Case: People of the State of Illinois v. XXXXXX
Practice Area: Criminal Defense
Outcome: Reduced attempt 1st degree murder to agg battery

Client's potential exposure to penitentiary time was greatly reduced from 31 years minimum to 10 years maximum.