Robert J Callahan | Chicago, IL Criminal Defense Lawyer | Attorney
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Recent Criminal Case Victories

Robert J. Callahan

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Call (312) 322-9000 and Start Fighting for Your Rights.

Click on the criminal defense case victory links below to learn how we won each case.

Recently Won Cases

(Actual Dates and Cases)

February 2023

Class X Predatory Sexual Assault of a Child – CASE DISMISSED Solicitation of Unlawful Business – CASE DISMISSED

January 2023

Class 4 Felony Possession of a Controlled Substance – CASE DISMISSED Battery – CASE DISMISSED Unlawful use of a Weapon in an airport – CASE DISMISSED

December 2022

Battery – CASE DISMISSED

November 2022

Unlawful use of a Weapon in an airport – CASE DISMISSED Reckless Conduct – CASE DISMISSED Possession of Ammunition – CASE DISMISSED

September 2022

Unlawful Use of a Weapon – CASE DISMISSED Trespass – CASE DISMISSED

August 2022:

Class 3 Felony Retail Theft Charges – CASE DISMISSED

June 2022:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED Criminal Damage to Property –

Class A Misdemeanor – CASE DISMISSED
Class 4 Felony Unlawful Use of Weapon – NOT GUILTY
Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED
Domestic Battery – CASE DISMISSED Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

May 2022

First Degree Murder – CASE DISMISSED Class 4 Felony Aggravated Unlawful Use of a Weapon – CASE DISMISSED

Assault – CASE DISMISSED
Aggravated Unlawful Use of Weapon by a Felon – CASE DISMISSED
Violation of Concealed Carry Permit – CASE DISMISSED
First Degree Murder – REDUCED TO ARMED ROBBERY

April 2022

Class 4 Felony Criminal Damage to Property – REDUCED TO A MISDEMEANOR

Unlawful Use of Weapon – CASE DISMISSED

March 2022

Aggravated Assault – CASE DISMISSED

February 2022

Class 4 Felony Unlawful Use of Weapon – REDUCED TO A MISDEMEANOR

Domestic Battery – CASE DISMISSED
Class 3 Felony Theft – NOT GUILTY

JANUARY 2022

DUI- Class A Misdemeanor – Dismissed

Unlawful Use of a Weapon – Class A Misdemeanor – Dismissed

DECEMBER 2021

Domestic Battery – Class A Misdemeanor – Dismissed

NOVEMBER 2021

Battery- Bodily Harm – Class A Misdemeanor- Dismissed

OCTOBER 2021

Violation of Order of Protection – Class A Misdemeanor- Bench Trial- Not Guilty

Unlawful Use of a Weapon – Class A Misdemeanor- Dismissed

SEPTEMBER 2021

Domestic Battery-Bodily Harm- Class A Misdemeanor – Bench Trial- Not Guilty

Possession of Controlled Substance- Class 4 Felony – Dismissed
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Dismissed

AUGUST 2021

Manufacturing and Delivery of 900+ grams of Methamphetamine, Cocaine and Heroin – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Entered into Veteran’s Treatment Court

JULY 2021

Disorderly Conduct – Class A Misdemeanor – CASE DISMISSED

Leaving the Scene of an Accident – Class A Misdemeanor – CASE DISMISSED

JUNE 2021:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

Retail Theft- Class A Misdemeanor – CASE DISMISSED Possession of Cannabis in a Motor Vehicle – Ordinance Violation – CASE DISMISSED
Criminal Damage to Property – Class A Misdemeanor – CASE DISMISSED

MAY 2021:

Domestic Violence Order of Protection – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

APRIL 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR WITH SUPERVISION

Theft – Class 4 Felony – CASE DISMISSED
Theft By Deception – Class 3 Felony – CASE DISMISSED
Identity Theft – Class 3 Felony – CASE DISMISSED
Domestic Battery – Bodily Harm – Class A misdemeanor – CASE DISMISSED

MARCH 2021:

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

FEBRUARY 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED

No Stalking Petition – VACATED
Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE
Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense after hearing – CASE DISMISSED

Applied for Clemency on Cannabis charges – CLEMENCY GRANTED
Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

MARCH to JUNE COURTS CLOSED DUE TO COVID-19

APRIL 2020

Violation of Order of Protection- Class A misdemeanor – CASE DISMISSED

Leaving the Scene of Accident- Class A misdemeanor – CASE DISMISSED

Felony Sealing – GRANTED

Felony Gun Case Sealing – GRANTED

Battery- class A misdemeanor – CASE DISMISSED

Aggravated Sexual Abuse Investigation – NOT CHARGED

March 2020

JB – Class X- MDMA/Ecstasy Possession with Intent to Deliver – looking at 6-30 years IDOC – CASE DISMISSED

Disorderly Conduct – CASE DISMISSED

Misdemeanor – CASE DISMISSED

February 2020

MF -1st Degree Murder – ACQUITTED

Battery to a child – CASE DISMISSED

Order of Protection – CASE DISMISSED

Possession of Cannabis – Class 4 Felony; Unlawful Possession of Weapon – CASE DISMISSED

Deceptive Practices – Class 4 felony – CASE DISMISSED

DUI – REDUCED TO RECKLESS DRIVING

January 2020

AW – Aggravated Arson-class X – Dismissed

Criminal Trespass to Land – Class A Misdemeanor – CASE DISMISSED

December 2018

Possession of Controlled Substance- Class 4 Felony – CASE DISMISSED

Possession of Cannabis – Class 4 Felony & Unlawful Use of a Weapon – Class A Misdemeanor – DISMISSED

November 2018

Battery – Misdemeanor – BENCH TRIAL- NOT GUILTY

Battery – Misdemeanor – CASE DISMISSED

Battery and Obstruction of Justice – CASE DISMISSED

People v. GK, Agg Speeding – Misdemeanor – REDUCED TO PETTY OFFENSE

DUI – REDUCED TO RECKLESS DRIVING

People v. AN, DUI – REDUCED TO RECKLESS DRIVING

October 2018

Battery – CASE DISMISSED

Assault – CASE DISMISSED

Felony Class 4 possession of a controlled substance – CASE DISMISSED

Disorderly conduct – CASE DISMISSED

Felony aggravated DUI – NOT GUILTY

September 2018

Felony Class 3 criminal fortification of a residence or building – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 4 felony possession of heroin – CASE DISMISSED

Domestic battery – CASE DISMISSED

Violation of an Order of Protection – DISMISSED

Battery – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of cocaine – CASE DISMISSED

August 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

July 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

Driving on a suspended license – CASE DISMISSED

Possession of marijuana – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

June 2018

DUI – Misdemeanor – DISMISSED ON MOTION TO DISMISS 06/2018

Battery Misdemeanor – DISMISSED

Civil Forfeiture – HEARING WON – CAR RETURNED

May 2018

Pardon – GRANTED W/ LEAVE TO EXPUNGE

Battery Misdemeanor – DISMISSED – CONVINCED STATE IT WAS SELF DEFENSE

Expungement – EXPUNGEMENT GRANTED

April 2018

Executive Clemency Petition (AKA Governor’s Pardon) for Class 2 felony burglary – GRANTED

Battery – CASE DISMISSED

March 2018

Class 2 unlawful use of a weapon by a felon – NOT GUILTY

February 2018

Domestic battery – CASE DISMISSED

January 2018

Domestic battery – CASE DISMISSED

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Testimonials

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AGGRAVATED UNLAWFUL USE OF WEAPONS 1 – 1st OFFENDER PROGRAM

January 26, 2018 / Robert J Callahan / Blog, Case Victories
0
criminal-lawyer-chicago
AGGRAVATED UNLAWFUL USE OF WEAPONS 1st OFFENDER PROGRAM “I told someone, it’s like we have the Bulls, pizza and we have guns in the city of Chicago.” That’s not President Trump ripping on our great city, that’s how the Cook County State’s Attorney, Kim Foxx, describes our reputation.   There is no bigger issue in Chicago than gun violence. Everyone is focused on it & how to fix it. But the truth is, we’ve had this debate before. Illinois law toughened its gun laws years ago to try and stop people from illegally carrying guns. Gradually, probation was removed as a possibility for Aggravated UUW offenders, even those with no prior criminal history.   Translation: From 11/1/2012-12/21/2012:, Everyone Illegally in Possession of a Gun: Go to Prison, NO EXCEPTIONS.   The result wasn’t less gun crime, but more offenders, leading to today’s debate. Thankfully, the Illinois legislature recently passed a new program for eligible first time offenders of Aggravated UUW. Effective January 1, 2018, the First Time Weapon Offender Program not only provides for probation, but for the possibility to avoid a conviction. To be eligible:
    • State MUST AGREE;
    • Current Offense not committed during Violent Offense;
    • Be under 21 years old;
 
  • No Prior Violent Offense: (conviction/adjudication/probation)
 
    • Bodily harm inflicted or force use/threatened against any person;
    • Possession of a firearm or dangerous weapon offense;
    • Sexual conduct/penetration/exploitation offense;
    • Violation of order of protection/domestic battery/violence.
  • Prior completion of program
    • CAN ONLY GET ONCE
  • No Existing Order of Protection exists against defendant.
In addition to these eligibility requirements, the new law requires courts to consider certain factors in order to sentence them to this program. Specifically:
  • The age, immaturity, or limited mental capacity of the defendant;
  • The nature and circumstances of the offense;
  • Whether the participation in the program is in the interest of the defendant’s rehabilitation (employment, community involvement, education training, vocational programs).
  • Trauma suffered by the defendant (supported by medical documentation).
  These factors will likely become guidelines for determining whether the State will offer the program. Once a defendant is accepted into the program, the statute provides for specific (and apparently mandatory) guidelines & terms of the probation:
    • 18-24 months in length;
    • No new violation of any crimes;
    • No possession of firearm or dangerous weapon;
    • Obtain/attempt to obtain employment;
    • Education-attend courses to obtain/complete:
      • GED/High School equivalency;
      • Vocational Program;
    • No illegal drug use & must submit to testing;
    • Min 50 hours Community Service;
    • Attend Program activities as determined by administrator: such as:
      • Counseling sessions;
      • In person/over the phone check ins;
      • Educational classes;
      • Medical/Psych treatment at direction of Dept. Human Services;
    • Pay all fines and costs;
 
  • WEAR A GPS;
  • Attend or reside in a facility established for the instruction or residence of defendants on probation.
    Violations of these conditions can result in being kicked out and sent to prison. This is a ONE-TIME DEAL. A prior discharge from the program makes you ineligible. Plus, if you are convicted of a new criminal offense within 5 years from successful completion & discharge of the Aggravated UUW offense, that dismissal/offense is admissible against you in sentencing for the new offense. As you can see, this program ain’t easy. Nor is it exactly clear how some of these mandatory requirements will play out in reality. Will the State of Illinois be providing the facilities “for the instruction” of defendants' probation/program? And where will they be? Do defendants have to wear a GPS for the entire 18-24 months? As with any new program, these issues will be worked out with time.  Though the broad nature of some of these requirements could prove problematic.   Still, the fact that probation is now available is a step in the right direction. While giving probation or a break to gun offenders seems to fly in the face of serious efforts to combat gun violence, recent data suggests that the increased penalization & “lock em up” attitude of the past had minimal effect on public safety.   Despite Illinois following the national downward trend in violent crime in the 2000s, the legislation during that same period eliminated probation as a possibility for UUW-felony offenses. As a result, in 2012, there were 1000X more UUW offenders incarcerated in Illinois Department of Corrections than in 2000. This increase was the result of tougher sentencing and increased use of technical violations for those on parole for UUW. Despite the increase in offenders, gun violence remains a plague on Chicago. This calls into question practical purpose of Agg. UUW sentencing.   The First Offender Program represents the national trend toward rehabilitation before incarceration. The legislators actually wrote out the rationale of the program in the text of the statute. It is refreshing to see that:   “The General Assembly recognizes some persons, particularly young adults in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration.”   Many of our laws could use such empathetic reasoning and logic. However, it could have gone further. Requiring participants to be under 21, as opposed to 21 & under or even 25 & under, or any age limit at all, seems arbitrary when you consider these are 1st time offenders. Furthermore, the strict requirements of the program could be off- putting and impractical. The fact that the Prosecutor has to agree to the program could cause problems for the accessibility of the program and consistency of its application across Illinois. However, as they say, don’t bite the hand that feeds. Any time probation becomes an option where only prison once stood, the scales tip ever further in favor of defendants. A skilled criminal defense attorney knows all the options available for his clients. At Robert Callahan & Associates, we specialize in trial work. We are trial lawyers, first and foremost. And when we do go to trial, our record speaks for itself. But being the best criminal defense attorney is also about keeping up with new developments in the law.  When you're in trouble, you want an expert. You want a firm that knows what the law is and where it is going. You want a criminal defense firm that gives you options. Options give you leverage. Leverage gives you the ability to utilize your rights. From not guilty to not prison.

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Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



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Robert J. Callahan

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