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My client was charged with Aggravated Unlawful Use of a Weapon under 720 ILCS 5/24-1.6(a)(1) back in 2004 and was found guilty at trial in 2006.  Subsequently, in 2012, the Illinois Supreme Court, in People of the State of Illinois v. Aguilar, held that the Aggravated Unlawful Use of Weapons statute is unconstitutional.

In November of last year I filed a Motion to Vacate his 2006 conviction based on the Supreme Court’s decision arguing that since the statute has been declared unconstitutional it is void ab initio, meaning it is void at its inception and any conviction, regardless of when it was entered, should be vacated.

The State’s Attorney’s Office filed their response arguing that (a) the court has no jurisdiction to hear the matter as the motion was filed more than 30 days since the Court’s judgment and (b) that this is the incorrect venue for such a proceeding.  Argument was heard today and based on the correct motion having been filed by my office and the fact that the statute was declared unconstitutional, not only does the court have jurisdiction and venue is in fact proper, that my client’s conviction must be vacated.

Since my client has no other convictions on his record, his criminal background can now be expunged and is no longer a convicted felon!

But this is fast becoming a contested issue.  The general holding of the Aguilar decision is that the statute is unconstitutional.  Period.  The State’s Attorney’s office is now attempting to argue that the decision does NOT make the statute unconstitutional retroactively.  This makes no legal sense though.  The fact of the matter is, a law is either unconstitutional or it’s not.  It does not become unconstitutional at some point.  We have another motion pending in front of a different judge that is coming up in a few weeks.  I am expecting the State to make the argument regarding retroactivity, but am hoping it doesn’t come to that since I believe the judge may be leaning towards the State’s argument.

I would continue to advise those with prior convictions for Aggravated Unlawful Use of Weapons charges, assuming they had a valid FOID card at the time of the arrest, to contact us to file a Motion to Vacate the Conviction.  It certainly cannot hurt to try and if it is granted, it could clear your record and allow further employment advancement among other benefits. Continue reading

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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.

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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 officer’s 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.  720 ILCS 5/18-2

Continue reading

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One of the worst crimes you can be charged with in Chicago is criminal sexual assault, or rape.  Not only does it create a stigma against the person charged, but often results in lengthy prison sentences and lifetime registration as a sex offender.

You may have read in the Chicago Sun Times about the case regarding Carl Chatman.   Mr. Chatman was charged with criminal sexual assault, or rape, by a woman in Chicago.  Mr. Chatman was not only convicted of the charges but sentenced to thirty years in the Illinois Department of Corrections as a result.  Another notable case regarding Edward Szymczak would have had a similar result if he had remained in Chicago for his trial.

Fortunately the prosecutors eventually reviewed the evidence in Chatman’s case and his rape conviction was thrown out, and he was released from prison after 11 years in custody.  Eleven years in custody for a crime Chatman did not commit.  At the same time, prosecutors said they were reviewing the woman’s earlier allegations of rape against Szymczak but had not yet reached a conclusion.

These cases bring up the issue of the accusers and their statements.  How is it that someone can cry rape falsely, an innocent person is charged with a crime, his reputation is ruined and he is sent to prison?  All because someone made a false claim.  And nothing happens to the accuser.

It is an abomination of justice.  The State of Illinois is currently reviewing these practices and possibly deciding what, if anything, an accuser can face.  Many people believe that the accuser should face the same penalties as the accused.  If the accused is facing up to thirty years in prison, so should the accused, that is how serious this is. Continue reading

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Have you or someone you know been arrested in Chicago?  It doesn’t matter if it’s a simple battery charge or a more serious charge of first degree murder.

Getting arrested can affect you in more ways than you can imagine.  Apparently, there are a few websites, such as mugshots.com, that post your mug shot online upon arrest.

While this initially doesn’t seem like a big deal, it is.  Let’s say someone is arrested and later released without having charges filed against them.  Your mug shot is now all over the internet for anyone to see.

This article lays out the issue:  http://www.digitaltrends.com/social-media/online-mugshots/

And let’s then go with the scenario that someone is charged and goes to trial and is found not guilty. Guess what? His or her mug shot is STILL online for anyone to see.  So, these people who were either not charged or found not guilty go about their daily lives and decide to obtain employment.  As we all know, employers now go online to check out potential employees.  What are they going to find?  Probably your Facebook and Twitter posts, which may or may not be innocuous, but also your MUG SHOT!  How are you going to explain that one?

If you want to remove your mug shot, guess what now?  You have to pay upwards of $100 PER SITE to have it removed.  And how can you be sure that once you pay this fee, the site will actually remove it?  You can’t.

Again, you have to be careful in life on how you comport yourself.  There are consequences that can be long-lasting. Continue reading

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The Illinois Supreme Court has ruled in People v. Aguilar, 2013 IL 112116 that Illinois’ gun statute (UUW) 720 ILCS 5/24-1.6(A)(1) is unconstitutional in that it violates the right to keep and bear arms, as guaranteed by the second amendment to the United States Constitution.  As a result, the Cook County States Attorney’s Office is dismissing a number of these cases!  There is still the issue as to whether a FOID (firearm owners identification) card is a requirement for these dismissals. At the moment, the State is only dismissing cases where the defendant was in possession of a valid FOID card.  We are starting to argue that a FOID card is not necessary.  Waiting to see how that plays out.

Additionally, my office is actively combing through our old files to locate those who have been previously convicted of Aggravated UUW under this specific statute provision.  Once located, we will be filing motions to vacate these convictions as well.  The statute doesn’t “become” unconstitutional as a result of this new ruling.  The ruling states that the statue is unconstitutional on its face, meaning it was always unconstitutional from its inception. Continue reading

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By now most of you have heard of these Chicago sexual assault charge allegations regarding Maine West High School in Des Plaines, Illinois.

According to reports, during a September 2010 campus run for the soccer team, four soccer players have said that they were sexually assaulted during a hazing ritual.  As of August 26, 2013, a fifth member of that soccer team has now filed a lawsuit in the Cook County Circuit Court.  More lawsuits are expected.  images

According to ABC 7 News, the attorney for the latest victim, Tony Romanucci has stated:  “It’s unfortunate now that Maine West has become the national poster child for hazing, sexual abuse and scandal regarding sports in the United States.”

Romanucci says Maine Township administrators have known about hazing at Maine West for several years but did nothing to stop it. The lawsuit names the district, principal, and fired soccer coaches Michael Divincenzo and Emilio Rodriguez. Divincenzo faces criminal charges of battery, hazing and failure to report abuse.

“Had enforcement been completed and done in 2008, we wouldn’t be here today,” Romanucci said.

These allegations a reminiscent of the 2011 scandal and charges filed against longtime assistant coach Jerry Sandusky.  Sandusky was charged with criminal sexual assault of at least eight underage boys on or near university property, and alleged actions by some university officials to shove under the rug these incidents.

In each of these cases, the higher-ups within the school system knew or should have known of these alleged attacks but did nothing to thwart them.  The fact that hazing has occurred for a number of years and become part of the educational system does not make it right or status quo.  High schools and universities exist to nurture and educate the young members of our society.  Additionally, they are there to protect them, not to punish and humiliate them.  Continue reading

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Have you ever been stopped by the Chicago Police for no apparent reason and are now facing Chicago drug charges?  You can most likely relate to the following recent story out of New York City.

Following a $14,000 March, 2013 settlement to a Brooklyn man who claimed he was illegally stopped and frisked pursuant to the controversial “stop, question and frisk” policy in effect by New York City—a federal judge ruled on August 12th that the policy was both unconstitutional as well as racially discriminatory. As noted in the decision handed down by Judge Shira A. Scheindlin, (Floyd v. City of New York), the complaints that have been received by several Chicago drug defendants regarding the policy have merit as well.  Specifically, a year before the lawsuit and Judge Scheindlin’s decision, the New York City Council introduced legislation known as the Community Safety Act. This legislation first established an independent inspector general to review current police policy and practice regarding the stop and frisk issue. Secondly, the Act enforced a current anti-profiling law and expanded the categories of those protected from such profiling. chicago-police-176193-m  This has everything to do with violations of the 4th Amendment of the United States Constitution regarding search and seizure.

New York City Council and Mayor Bloomberg Carry on the Battle

Following the above-mentioned lawsuit, the City Council voted on the Community Safety Act in June. While the Act passed through the Council nearly unanimously, Mayor Bloomberg vetoed the legislation in July, stating “This is a fight to defend your life and your kids’ lives…” Bloomberg has been vocal in stating that any extra departmental oversight prevents officers from effectively doing their jobs and places New York citizens in harm’s way. Many citizens of New York would disagree with the Mayor’s assessment. Keeshan Harley, an 18-year old young black man from Brooklyn has been stopped by the NYPD almost 150 times “without proper cause or fair reasoning,” under the NYPD stop and frisk policy.

Stop and Frisk Comes to a Halt

Apparently, many New Yorkers side with the City Council as on August 22nd, the era of unchecked stop-and-frisks by the NYPD ended when Bloomberg’s veto was overridden. Bloomberg vows to keep fighting the issue, claiming the Act a “dangerous piece of legislation.” Bloomberg’s opinion may have merit as well—those bent on committing crimes in New York City seem to have gotten the “memo” loud and clear following the Council’s decision. One police source claimed he would start carrying his gun again and that once the number of stops decreased the number of crimes would skyrocket. With police officers under threat of a lawsuit any time a suspect could potentially claim profiling, it is believed that good officers will simply “look the other way,” rather than risk their jobs and their pensions.

How the New York Stop and Frisk Could Affect Chicago

A Bronx police officer commented “Welcome to Chicago,” following the NY Council’s veto, insinuating that the crime rate of New York City would soon reach that of Chicago once police officers stopped taking advantage of “stop, question and frisk.” A spokesman for the Chicago Police Department responded to the barb, saying “We don’t engage in racial profiling.” Adam Collins went on to say that there was significantly less crime, fewer shootings and fewer murders in 2012 than any other year since 1965—and without imposing on citizen’s rights. Chicago does have a version of stop and frisk known as “contact cards.”

This allows police to stop an individual, ask for name, phone number and the disclosure of any tattoos however the officer may not make physical contact without probable cause. Nevertheless, Chicago police are not completely exempt from racial profiling. Four interns for Rainbow Push have accused Chicago police of racial profiling as the four young black men, ranging from 19-21, were stopped and handcuffed as they were walking toward a bus stop. One of the young men attends Chicago State University and is seeking a degree in criminal justice. The young men suspect the police were looking for guns—although no weapons were found during a pat-down. Police officials defend the actions of the officers stating the area is well-known for gang violence and that one of the young men refused to remove his hands from his pockets when asked.  Continue reading

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Quite often, unfortunately, defendants facing Chicago drug charges or Chicago violent crimes charges feel the need to boast of the exploits.

As most of us are aware, people confess to many things on Facebook. Secret loves, bad habits, hidden longings; it appears that nowadays, nothing is too private or personal to appear on social media. While some may consider such confessions to be tacky—or at the very least, in poor taste—a Florida man recently went a step further by posting a photograph of the young wife he had just murdered, along with a confession—of sorts. While most Americans are long-past the point of being shocked by the daily news, this latest bid for attention has startled even the most cynical.chain-863724-m

Derek Medina, a South Miami resident, could possibly have benefitted from taking his own website a bit more seriously. That website, called EmotionalWriter.com, markets Medina’s self-help books on effective communication and marriage counseling tips.  A little over a week ago, Medina was apparently engaged in a verbal dispute with his 26-year old wife, Jennifer Alfonso. According to Medina, he pointed a gun at his wife, at which point she walked away, returning minutes later to inform her husband she was leaving. Medina then confronted his wife who reacted by “punching” him. Medina once again pointed his firearm at his wife, who responded by grabbing a kitchen knife. As Medina attempted to take the knife from Alfonso, she once again began hitting him, at which point he fired multiple shots from close range directly into her body.

Medina then took photos of his wife’s dead body and wrote a note which stated “I’m going to prison or death sentence for killing my wife love you guys miss you guys take care Facebook people you will see me in the news my wife was punching me and I am not going to stand anymore with the abuse so I did what I did I hope u understand me.”  The photo and the note were then posted on Medina’s Facebook account. The image was online for approximately five hours before Facebook employees removed the photo and disabled both Medina’s FB page as well as his wife’s. Even more bizarre, the couple’s ten-year old daughter was in the house at the time, although she was reported to be “unharmed.”

If you wonder why on earth anyone would post photos of their murdered wife it is likely you are not alone. Psychologists attribute this need to (over) share with the poster’s need to feel important or powerful. Unfortunately, Medina is not alone in his quest for attention. A 2011 rape of a 15-year-old girl was discovered after the four teens allegedly responsible shared a photo of her online and through text messages. Again in 2011, a Pennsylvania teen pled guilty to raping an inebriated 15-year-old girl then posted a message on Facebook asking for a hit man to kill the girl.  As a result of these types of stories, Facebook has been used to catch those Floridians suspected of illicit behavior with increasing regularity, becoming a tool for identifying criminal behavior and catching those responsible for crimes ranging from theft to poaching.

Of course, criminals have been publicly confessing long before Facebook came into being. Jailhouse confessions and barroom braggarts are rife in the world of criminal defense. Social media has simply given those people a different kind of platform, allowing them to share their misdeeds and brag about being bad. While millions of people use social media in a totally healthy manner every day, for others the ability to communicate with others without seeing or hearing them makes it harder to remember that actions come with consequences. In fact, following his Facebook posting, Derek Medina drove to see his family, telling them what he had done, then turned himself in to the police. Medina is currently being held without bond under preliminary charges of first degree murder. Continue reading

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Many of my clients have faced Chicago aggravated robbery charges.  Don’t be fooled into thinking that the element of aggravated or armed robbery consists solely of the use of a functioning firearm.

In early August, two Chicago men attempted to hold up a West Rogers Park restaurant using a black toy water pistol. The “weapon”—a fairly convincing replica of an MAC-10 machine pistol—was partially concealed in one of the men’s t-shirts as he demanded that the restaurant owner give them food, stating “I will kill you, I have a gun.”  The owner reportedly told the men to come back in an hour and he would have a meal for them as he was too busy at the time. The men obligingly left, returning as asked, an hour later. Of course by that time the restaurant owner had called the police and ushered other patrons out of the restaurant for their safety. Both men were arrested and charged with attempted aggravated robbery. The man with the water pistol was additionally charged with possession of a replica firearm.  Both men were slated to appear in court on August 19th.

On a more national level, many will remember that O.J. Simpson was convicted of aggravated robbery and kidnapping thirteen years after he was acquitted of the crime of killing his former wife. Apparently Simpson was the leader in a group of men who used threats and force to take photos, footballs and other sports memorabilia from Bruce Fromong and Al Beardsley in a Las Vegas motel room in 2007. Simpson’s lawyer claimed his client was a target from the beginning and that Simpson was merely tryheavy-machinegun-1329270-ming to reclaim property which had been stolen from him. Simpson also claimed he had no idea the men helping him recover his property were armed at the time. Simpson was eventually sentenced to 33 years in prison although recently he was granted parole on some of the charges; he will likely remain in prison for several additional years unless his request for a new trial is granted.

In light of the above, it is important to consider the following:  robbery consists of taking another person’s property whereas aggravated robbery involves a number of additional dispositive factors. Chicago aggravated robbery charges can vary dramatically from case to case; issues which will determine the extent of the charges generally include the use of force or verbal threats during the act, robbing an elderly person, an injury on the part of the victim, suggesting a weapon is present (even if it was not) or invading the home of another during the robbery act. Aggravated robbery convictions charged as a Class 1 felony are very serious so the crime—even when a water gun is used and nothing is actually taken—can garner the offender 4-15 years in the state prison. The longer sentencing is reserved for robberies which take place in a church or school or when the victim is elderly or handicapped.

The charges of aggravated robbery could have a variety of defenses depending on the circumstances. Your attorney could claim mistaken identity or could defeat the robbery charges by proving nothing was taken.  Consideration will also be given to whether there were injuries involved, if you have ever been involved in gang activity or if you have a prior criminal conviction.  It is especially important that you not talk to anyone prior to retaining an attorney. Although we’ve all see television shows where the police officers advise suspects of their Miranda rights, few people actually follow this practice in real life. Many people attempt to talk their way out of the charges—a practice which almost always ends up making the situation worse. Continue reading

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As someone who has recently been arrested for Chicago identity theft, you are probably more than aware of the ever growing epidemic of ID theft in the United States.

The problem of identity theft is not contained to one group of people or another, and, contrary to popular belief, is not due to carelessness. Identity theft is also nothing new although there are new ways to accomplish the crime. In the mid-90’s, Steven Spielberg had his personal information hacked by an inmate in a Tennessee prison who was angling to use Spielberg’s American Express card. Oprah Winfrey had her social security number, birth dates of friends and relatives and personal addresses stolen by a busboy and Anthony Taylor obtained Tiger Woods’ personal information, purchasing more than $50,000 in merchandise.

Taylor additionally procured a fake driver’s license, social security card and military I.D. in Tiger’s name—even though he apparently was not bright enough to spell Tiger’s middle name correctly on the illegal documents. High-tech online thieves have even stolen personal information from Michelle Obama, Vice-President Joe Biden, the director of the FBI and even the Los Angeles Police Chief.

On a more local level, four womewallet-1-1160544-mn recently attempted to board a Chicago flight to Las Vegas when they were arrested and charged with identity theft. The four women’s plane tickets were purchased with a stolen Discover card and each woman was in possession of a variety of other stolen items including credit cards, keys to a Hertz rental car, stolen driver’s licenses and counterfeit I.D.’s. Bonds set for the four women ranged from $25,000 to $75,000, with three of the women being held in lieu of bond. The Chicago Police Financial Crimes Unit, along with the U.S. Secret Service, are currently investigating the incident.

According to the U.S. Department of Justice, over 8 million households reported one instance of identity theft in 2010, costing victims over $13 billion. Victims of identity theft typically suffer losses of about $2,200. Identity theft occurs when an individual uses the personal information of another without knowledge or permission and with a goal of personal gain. This information can include social security numbers, driver’s license numbers, banking information, birthdates and credit card numbers. Personal information stolen from another can be used to apply for credit cards—or even a mortgage to buy a home.

Anyone charged with identity theft today will face a wide range of potential charges as well as state and federal law enforcement bent on pursuing the maximum penalties possible. The five basic types of identity theft are:

  • Character and criminal theft
  • Theft of Social Security numbers
  • Theft of medical information
  • Theft of DMV records
  • Financial theft

Financial theft involves using stolen credit cards or banking information in order to steal another’s financial assets. Stealing another’s identity in order to commit crimes—while keeping one’s own record clear—falls under character and criminal theft. Social Security theft is rampant simply because there is a huge amount of personal information which can be accessed with this coveted number. Theft of a Social Security number can in turn allow thieves to avoid debt or taxes or can be used to directly steal money. Some identity thieves steal medical information as a means of getting necessary medical procedures done while avoiding the bill, and, finally, driver’s license theft—like Social Security number theft—can be used to gain access to other personal information. Theft of driver’s licenses is the number one form of ID theft in the United States.

There are certain “enhancers” to the crime of identity theft which can increase the eventual sentence. Aggravated identity theft involves the commission of a felony in conjunction to the identity theft and can add two years to the sentence. If you held a position of power over your identity theft victim you can expect a significant increase in your sentence. Those involved in phishing scams may also receive an additional two years added to their sentencing. (Phishing is a practice which makes Internet users believe they are receiving an email from a trusted sources or that they are securely connected to a trusted web site when that is not the case). Continue reading

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Phone: (312) 560-7100
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