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Not Guilty Verdict in Hit and Run Case

 Posted on April 18, 2012 in Hit and Run

I recently represented an individual charged with a Class A misdemeanor Hit and Run.  He was accused  of striking propoerty with his car and then leaving the scene of the accident.

After a full trial, the Judge found him not guilty.  Event though wtinesses testified that he struck the object and drove away, the State prosecutor was unable to show that he KNEW he struck the object and damaged it which is a required element in the criminal charge.

He avoided the suspension of his driver's license a punishment that could have been up to 12 months in jail.

Always be sure that your lawyer is very familiar with the criminal and traffic laws because every offense contains very specific elements which must be proven beyond a reasonable doubt.    A knowledgeable lawyer is an integral part of a winning strategy.

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Court Supervision- What does it really mean?

 Posted on April 17, 2012 in Uncategorized

My clients are often confused by the term court supervision.    Many clients ask me if a crime or traffic ticket will end up on their record.  This is a common question because people get confused regarding the term "conviction" and other forms of a disposition in a criminal and traffic setting.

"Court Supervision"  simply means that the court withholds judgment against you ( does NOT enter a conviction) as along as you comply with the terms of your sentence.   At the conclusion of the court supervision period (ranging anywhere from 60 days to 30 months), if have satisfactorily complied with the court's conditions, the case is closed with no conviction.

When you receive Court Supervision, a record will be created in the County where you were arrested as well as the State of Illinois Criminal and Traffic Databases.     When someone asks me if a charge or ticket will go on their record, I tell them yes, but maybe NOT as a conviction.  In other words, Court Supervision is reported on records, but it less serious and damaging to your record than a conviction.

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Battery Trial Results in Acquital of Gymnastics Coach

 Posted on April 16, 2012 in Assault & Battery

My client was accused of having inappropriate contact with a fellow gymnastics instructor and former student.    At trial, I successfully argued that the mental state required in the proving the offense of Battery was not present and that the credibility of the witnesses weighed in favor of my client.   After a trial, a judge acquitted my client of the criminal Battery Charges placed against him.    This protected my client from a punishment that ranged up to one year in jail and would have had a devastating effect on his future coaching career.

Criminal defense trial attorneys should always examine the elements of criminal charges carefully to expose weaknesses in the prosecution's case.    Criminal cases involving sexual assault, battery, and other allegations of personal harm will always involve a complaining victim.   Careful consideration must be given to credibility of these alleged victims in evaluating a criminal case.

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Not Guilty Verdict in Child Pornography Charges

 Posted on April 10, 2012 in Child Pornography

Recently, I represented a defendant on charges of possession of child pornography charges.  After a three day trial, a jury in Kane County delivered a verdict of Not Guilty on all charges.  Even though my client reportedly admitted to the police that  illegal images were on his computer, and a search resulted in images being found on a computer under his sole control, I convinced the jury that the evidence was still insufficient for a guilty finding.   By obtaining a not guilty verdict, my client avoided possible punishment of up to five years in prison and a life long obligation that he registed as a sex offender.

Computer Crimes are being charged much more often and often times law enforcement has difficulty in proving knowledge and intent when it comes to alleged images on a computer.  In my  practice I carefully analyze the strengths and weaknesses of the prosecution's case, and require them to prove beyond a resaonable doubt the criminal charges

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