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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B.A.C. FOR T.H.C.

April 10, 2018 / Robert J Callahan / Blog
0
chicago-illinois
Rolling down the street smokin indo, gettin a D. U. I…. laid back (with my mind on my lawyer, and my lawyer on my mind)... Snoop D.O.DBLFREEME   Despite marijuana’s growing popularity across the nation and relative decriminalization in Illinois, getting high and driving is, and has been for decades, illegal. Until very recently, though, there was no .08 equivalence for marijuana/drugs. In fact, it was .0ANYAMOUNT = DUI. This is what is legally referred to as a zero tolerance, or per se, DUI drugs law.   With zero tolerance laws, if you smoked marijuana days or weeks prior to your DUI arrest and blood/urine test, you’re guilty of DUI despite not being under the influence of the drug at the time you drove. What if someone was killed when you were driving and drugs are in your system? If your driving was the proximate cause of the accident, you’re guilty of DUI-death. Whether or not you were actually impaired does not matter. This criminalizes (*harshly) people who were not necessarily intoxicated or impaired by drugs/cannabis, but tragically caused a fatal car accident. The simple presence of drugs/cannabis in one’s system turns a typically civil matter into a criminal defense proceeding with a high likelihood of incarceration. Despite being called Driving under the Influence, being “under the influence” isn’t required with zero tolerance laws. Makes sense right?   To partially address this legal discrepancy, Illinois turned to the classic method: blood/breath/urine level thresholds to determine impairment. For marijuana, the zero tolerance/per se law was thrown out and a .08-like level created for THC. Currently, you are DUI-cannabis if within 2 hours of driving you have:   ● 5 or more nanograms/milliliter of whole blood; or ● 10 or more nanograms/milliliter of other bodily substance.   Anything is an improvement from our previous zero tolerance marijuana DUI laws. Problem is, the passage of these new per se legal thresholds for DUI cannabis contradicts the science on marijuana impaired driving. In fact, the current science finds no correlation between THC levels in blood or urine and driving impairment.   The National Highway Traffic & Safety Association (NHTSA) is the national authority on DUI detection. Over the years, NHSTA developed the nationally standardized DUI field sobriety tests, helped enact a .08 BAC level in every state, as well as continuing to research the issues and impact of DUIs in the USA. In a July 2017 report to Congress, NHTSA out right rejected per se cannabis thresholds, stating:   “A number of States have set a THC limit in their laws indicating that if a suspect’s THC concentration is above that level (typically 5 ng/ml of blood), then the suspect is considered to be impaired. This per se limit appears to have been based on something other than scientific evidence. Some recent studies demonstrate that such per se limits are not evidence-based.” (emphasis added).   However, this conclusion is strongly based in science, namely the scientific differences between marijuana and alcohol. A BAC for THC will not work for a basic biological reason: How the human body absorbs, distributes, and eliminates THC.   Alcohol is absorbed and eliminated at a relatively steady rate. Peak blood alcohol concentration is generally reached around 20 minutes after you stop drinking. For an average person, your BAC drops at a rate of .015/hour. This steady rate of elimination gave a mechanism to determine the correlation between BAC level and effects on behavior, judgement, cognition, and motor skills. Based on established science, legislators crafted the modern day .08 DUI laws.   THC levels, on the other hand, provide no such guidance for determining impairment. THC is fat soluble, whereas alcohol is water soluble. This means that THC is stored in the fatty tissues of the body. Due to this, THC can appear in blood sometimes up to a month after ingestion. According to NHTSA, impairment from marijuana lasts up to 2-3 hours. THC levels are at their highest immediately after smoking, then decline rapidly, followed by a slower decline. Within 30 minutes of smoking, the peak THC levels in blood drop 80-90%. NHTSA’s study concluded that:   “Peak impairment does not occur when THC concentration in the blood is at or near peak levels. Peak THC level can occur when low impairment is measured, and high impairment can be measured when THC level is low.”   The fluctuating rates of THC levels in our body from the time we ingest THC until it is completely eliminated makes the alcohol BAC model incompatible. Unless officers give the test within a ½ hour to an hour of smoking, the result is likely to be low levels of THC. In chronic users, low levels of THC will be present regardless of any recent ingestion. This again means that individuals who are not impaired at the time of testing could fail the test.   Applying the traditional alcohol detection methods for cannabis won’t work. “In contrast to the situation with alcohol, someone can show little or no impairment at a THC level at which someone else may show a greater degree of impairment.”   At least according to our nation’s leading authority on impaired driving, the conclusion is clear:   “THC level in blood (or oral fluid) does not appear to be an accurate and reliable predictor of impairment from THC.”   Part 2 of this article will be available in a few days.  Call Chicago Criminal Defense Attorney Robert J Callahan for help with your DUI.
B.A.C. FOR T.H.C., Drugs DUI, Marajuana DUI

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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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