People of the State of Illinois v. M.M.
Charge: Felony Cyberstalking
Ruling: DISMISSED
When new laws are enacted, the law enforcement agents, State and Defense must all carefully re-examine the statute and alleged evidence. Breaking down the case in a meticulous manner often leads to the discovery of inconsistencies in how the alleged evidence matches up with the law. This was the case with M.M. Although on its face, it appeared the State had a strong case, with an evidence trail of electronic data, I was able to discover and exploit missing pieces of evidence that would be necessary to hold my client accountable. When this information was brought to the attention of the State, all Felony Cyberstalking charges were DISMISSED.
People of the State of Illinois v. E.C.
Charge: Felony Unlawful Restraint (2 Counts)
Ruling: NOT GUILTY
Winning this trial was a result of a spectacular cross examination of the state’s witnesses. I was able to expose the alleged victim as an absolute liar by carefully questioning her about her relationship to my client, introducing cell phone records, and getting this “alleged” victim to admit that she had a relationship and child with another man while she maintained a relationship with my client. This testimony, among other factors I brought out, led to a Finding of NOT GUILTY all counts.
People of the State of Illinois v. P.M.
Charge: Felony Aggravated DUI
Ruling: DISMISSED
I won this case without the State even having the opportunity to take it to trial. During the Preliminary Hearing, I focused my attack on how the Police Officer administered the field sobriety tests. My cross examination of the Police Officer during the Felony Preliminary Hearing was so successful that the Judge ruled that the State lacked the necessary evidence to move forward with the case at trial. All Counts DISMISSED.
People of the State of Illinois v. L.R.
Charge: Felony Attempt First Degree Murder (3 Counts)
Ruling: DISMISSED
The State and Police believed this case to be a gang related incident in the northwest suburbs. My client was accused of repeatedly shooting at a group of men that he had just gotten into a confrontation with. An exhaustive investigation, analysis of the evidence, and careful negotiation with the State resulted in all 3 counts of Attempt First Degree Murder being dismissed.
People of the State of Illinois v. M.H
Charge: Felony Aggravated DUI- CLASS X
Ruling: NOT GUILTY
This trial took place in DuPage County and was a tremendous victory. This victory was so important, because my client was charged with a Class X, meaning that he faced from 6 to 30 years for this DUI. I fought this case at trial by carefully cross examining the police officer, and then used her testimony against her, by presenting the testimony of Expert Witness Dr. Ronald Henson. By the time Dr. Henson finished testifying, I was convinced that we had achieved victory. I was right. Finding of NOT GUILTY, all counts.
People of the State of Illinois v. J.A.
Charge: Possession of a Controlled Substance (An Ounce of Cocaine)
Ruling: Motion to Quash and Suppress Granted, Case DISMISSED
In order to win this case, I successfully litigated a Motion to Quash Arrest and Suppress Evidence. My client was a passenger in a vehicle that was pulled over for having no front license plate. As the driver was getting investigated for DUI, my client was taken out of the car and searched by an officer. The officer discovered there was an ounce of cocaine in my client’s pant pocket. During the Motion Hearing, I questioned the Police Officers and my client. I was able to show the Court that the tactics used by the Police Officers violated the Constitutional Rights of my client. The court agreed. All Counts DISMISSED.
People of the State of Illinois v. M.M.
Charge: Felony Cyberstalking
Ruling: DISMISSED
When new laws are enacted, the law enforcement agents, State and Defense must all carefully re-examine the statute and alleged evidence. Breaking down the case in a meticulous manner often leads to the discovery of inconsistencies in how the alleged evidence matches up with the law. This was the case with M.M. Although on its face, it appeared the State had a strong case, with an evidence trail of electronic data, I was able to discover and exploit missing pieces of evidence that would be necessary to hold my client accountable. When this information was brought to the attention of the State, all Felony Cyberstalking charges were DISMISSED.
People of the State of Illinois v. S.P.
Charge: DUI (Multiple Offender)
Ruling: NOT GUILTY
The Officer that arrested my client has been given the reputation of a great DUI cop, making hundreds of arrests per year. What the system is finally realizing is that he may also be considered a professional liar. In fact, over ten years ago I used to prosecute some of his cases and came to that conclusion myself. Nevertheless, he waited outside a bar until closing, and then followed my client and pulled him over for a defective brake light (no impaired driving). I went on the attack and cross examined this officer, the State’s star witness. I brought out that his reports only show that 8 minutes had elapsed from the time he pulled my client over, to the point he was arrested. This time supposedly included all of the time taken to instruct, demonstrate, and then have my client perform the field sobriety tests. This was argued to the court as unbelievable. Most importantly, the officer admitted that he left his partners name off of the reports, because his partner told him “If you are arresting this guy for a DUI, you better leave me off the paper”. This was argued to the court as the officer being dishonest, leaving a material witness to an alleged crime off the reports, and that it was likely the partner wanted of the reports, because he believed the arrest was false. The Court agreed. Finding of Not Guilty.
People of the State of Illinois v. R.R.
Charge: Possession of a Controlled Substance (Cocaine) (Search Warrant)
Ruling: DISMISSED
This case involved the execution of a search warrant at my client’s house, which resulted in the discovery and seizure of Cocaine. At Court, I showed the State the weaknesses in their case, and that I had my client in a drug program. The State was persuaded by my arguments resulting in all charges being DISMISSED.
People of the State of Illinois v. J.L.
Charge: DUI (with a .14 blow)
Ruling: DISMISSED
Never say quit. There was no question that my client was driving a car with a BAC of .14, which is almost 2 times the legal limit of .08. However, after a careful review of the evidence (reports, video/dvd, interviews…), I decided that I was going to fight this case with a Motion to Quash Arrest and Suppress Evidence. During the Motion Hearing, I aggressively cross examined the Police Officers to elicit the responses I felt were necessary to secure a ruling in our favor. I was right. I was able to show the Court that the Police Officers violated the Constitutional Rights of my client, and the Court Ordered that the Motion to Quash Arrest and Suppress Evidence be granted. All charges DISMISSED.
People of the State of Illinois v. R.Z.
Charge: Domestic Violence / Domestic Battery (knife against family member)
Ruling: DISMISSED
Often times, there is more than meets the eye with domestic cases. The problem is, the Police usually only end up getting half of the story and arrest one person. In this case my client was charged with using a knife against a fellow family member. After preparing the Affirmative Defense of Self Defense and presenting my arguments to the State, All Counts were DISMISSED.
Secretary of State Drivers License Re-Instatement Hearings
Revoked Due To: DUI Revocation
Ruling: License Reinstatement GRANTED
Consistency and Preparation are the two key elements necessary to having a successful hearing for Drivers License Re-Instatement from the Secretary of State.
It is a sometimes long and difficult process for individuals to regain their privileges. In order to succeed, you must attack the Secretary of State hearing as you would any trial. Go in prepared, know your audience, and be consistent. Here is a small list of clients I recently won privileges back for:
A.V. (2008) DUI Revocation – Privileges Fully Reinstated
D.S. (2008) DUI Revocation – Privileges Fully Reinstated
J.H. (2008) DUI Revocation – Privileges Fully Reinstated
S.R. (2008) DUI Revocation – Privileges Fully Reinstated
I.H. (2008) Moving Violation Revocation – Privileges Fully Reinstated
People of the State of Illinois v. A.N.
Charge: Driving While License Revoked for DUI
Ruling: DISMISSED
Here is another situation when there is no question that my client was in violation of the law. All the State needed to prove was that my client was driving a car on a public road while his privileges to drive were suspended or revoked. The State was threatening jail, so I kicked it into high gear by arguing a Motion to Quash Arrest and Suppress Evidence. I elicited testimony from the Police Officer that the only reason that my client was stopped was for an obstructed front windshield. Although the Police tend to ignore it, the statute requires that the obstruction be an unreasonable or material obstruction. In this case I showed the court that the item hanging from the rearview mirror is not unreasonable. The Court agreed, Motion granted, all charges DISMISSED.
People of the State of Illinois v. D.D.
Charge: Possession of Cannabis with Intent to Deliver (108 Pounds)
Result: DISMISSED
This case arose from the Police trying to shut down a party in the suburbs, which resulted in the Police entering the home and recovering 108 Pounds of Cannabis. Applying the skills I acquired as a former Criminal Prosecutor, I conducted an investigation of the crime scene and interviewed neighbors. Due to the amount of drugs recovered, the newspapers wrote articles regarding the circumstances of my client’s arrest. Because the versions of the arrest given to me by my client, the newspaper articles, and the police reports varied considerably, I knew we had to take this case to hearing.
There was no question that my client had 108 pounds of cannabis in his home. However, my investigation revealed that the Police were lying in their reports about what they saw, smelled and heard coming from the home, which they relied upon to gain entry. I proceeded to hearing on a Motion to Quash Arrest and Suppress Evidence. I was able to impeach the Officers as to the point at which they gained entry to the home. As a result, the Judge found that the actions of the officers violated my client’s Constitutional Rights. The Judge then Ordered that all evidence recovered is suppressed, which left the State with no evidence to continue prosecution. Therefore, All Counts were DISMISSED.
People of the State of Illinois v. D.H.
Charge: DUI (.21 Blow)
Result: NOT GUILTY
This DUI trial involved a man who failed to signal and stay in his lanes.
