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  • CHICAGO POLICE DIDN’T READ ME MY RIGHTS?
Click to Call 312-322-9000

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 more about how we won each case.

Recently Won Cases

(Actual Dates and Cases)

JUNE 2022

Class 4 Felony Unlawful Use of Weapon – NOT GUILTY
Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED
Domestic Battery – 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

Click to Call 312-322-9000

CHICAGO POLICE DIDN’T READ ME MY RIGHTS?

August 6, 2018 / Robert J Callahan / Blog
0
Chicago Police Miranda Warnings
Hold up. What? Case dismissed!!! You probably even have a lawsuit.     If it were only that easy. Sadly, Miranda warnings protect your to remain silent, not innocent.     The most important thing to remember about Miranda is that it only applies to your statements.     What does this mean for your case? IF THEY DON’T NEED YOUR STATEMENTS, MIRANDA DOESN’T MATTER   Maybe it comes from watching too many episodes of COPS or Law & Order, but the failure to read you your Miranda doesn’t throw out your case, only your statements. If the crack is in your pocket, it's in your pocket, no matter what you say. A drunk prosecutor doesn’t need your statements to prove that case.   Simply put, if the State has enough evidence to prove their case beyond a reasonable doubt, it won’t matter if they didn’t read your Miranda rights. Think: it’s on video, witnesses, forensic evidence, etc. Your statements might be relevant for your defense, but the State won’t need them for your demise.  This is when you need to call a confident, experienced criminal defense attorney.   WHEN DOES MIRANDA MATTER?   The failure to read you your Miranda rights will only help your case if:  
  1. Your statements are necessary evidence for the State’s case &
  2. You are:
    1. “In custody” &
    2. Being Interrogated.[1]
  The law defines “custody” as a formal arrest or “restraint on freedom of movement to the degree associated with formal arrest.”[2] “Interrogation” refers to “Express questioning” as well as “any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are likely to elicit an incriminating response.”[3]   But how do these concepts apply in real life situations? How does Miranda generally apply in common types of police encounters? When do the cops have to give you Miranda warnings?    
  • ORDINARY TRAFFIC STOPS: NO
    • Generally speaking, even though you are technically detained and not free to leave, when it comes to your regular, run of mill traffic stop (“think: “license and registration”) Miranda warnings are not required.[4]
 
  • WHAT IF THEY ORDER ME OUT OF THE CAR?
    • NO: Miranda warnings are not required before the police order you out of a vehicle. The police can legally ask anyone to exit a vehicle during a traffic stop.[5]
 
  • WHAT IF THEY SEARCH MY CAR?
    • NO: If the police have probable cause to search your vehicle (for example it smells like marijuana) they can prolong that detention until the search is completed. They do not need to advise you of your Miranda rights before searching a car based on probable cause. Nor do they need to do so if you consent to a search. In neither of these situations are you technically “in custody” or being subject to “interrogation.”
 
  • WHEN DO THEY HAVE TO GIVE ME MIRANDA AFTER A TRAFFIC STOP?
    • Miranda warnings are only required in a traffic stop when it limits the suspect's freedom of movement to a "degree associated with a formal arrest.'"[6]
 
  • If the traffic stop results in a formal arrest, Miranda warnings should be given….but are only necessary if the police want to question you.
 
  • DUI investigation: NO
    • Prior to field sobriety tests: NO[7]
    • Prior to Breathyler:
      • PBT- roadside: NO
      • At station: NO
        • Breathalyzer evidence is not considered “real or physical evidence” and not statements. As such, Miranda does not apply.[8]
   
  • Street Interactions: NO
    • Terry stop: If the police think you’re armed and engaged in criminal activity, they can stop you, no Miranda [9]
    • Consensual encounter: When the police approach you on the street, Miranda is not necessary. Whether the police stop you on the street on suspicion of a crime, or just to have a casual conversation, you are not in custody & Miranda will not apply.
    • When does it apply on a street stop? When the stop turns into a formal arrest.
 
  • General/On scene Questions: NO
    • Miranda warnings are not required when “the police conduct a general on-the-scene questioning as to facts surrounding a crime.”[10]
 
  • Spontaneous Statements: NO
    • Miranda only applies to questioning. Spontaneous statements are, by their nature, not in response to questioning, and therefore do not trigger Miranda
    • Mouthing off in the back of the squad car? Yelling stuff in at the police station? Goodbye
 
  • Serving Search Warrant: MAYBE
    • If you were questioned: YES[11]
    • If you were just detained, and not questioned, prior/during/after the search: NO
 
  • Police station questioning:
    • After arrest: YES
    • If you AGREE to come to the station for questioning: NO[12]
      • Which is why you never go in for questioning by the police voluntarily without a criminal defense lawyer.
      • Remember, if the police “ask” you to come to the station for questioning, you don’t have to.
 
  • If you are not a US Citizen: YES
    • Miranda rights protect every person subject to US law.[13]
 
  • IF YOU ARE A VICTIM OF POLICE BRUTALITY:
    • NO-MIRANDA DOESN’T MATTER:???? Wait…
    • Don’t worry, if you are a victim of police brutality, Miranda isn’t required because your statements are not voluntary. Involuntary statements violate the 5th amendment. In these situations, your statements cannot be used against you.
  The key to any question about whether Miranda warnings are required is: Custody + Interrogation. Whether or not your are in custody, rather than just detained or generally interacting with the police, is not always clear. In these cases, a Judge will consider the following factors to determine whether or not you were “in custody:”  
  • (1) the location, time, length, mood, and mode of the questioning;
  • (2) the number of police officers present during the interrogation;
  • (3) the presence or absence of family and friends of the individual;
  • (4) any indicia of a formal arrest procedure, such as the show of weapons or force, physical restraint, booking or fingerprinting;
  • (5) the manner by which the individual arrived at the place of questioning; and
  • (6) the age, intelligence, and mental makeup of the accused."[14]
  Chicago police stationYou have a 5th amendment right to remain silent, whether or not you are under arrest.  Unfortunately, you don’t always have to be told that. Statements or no statements, the most important right you have is the right to a lawyer. When you have a lawyer, or even affirmatively request one, the police CANNOT QUESTION YOU.[15] Forget the formula of custody + interrogation to figure out if the police didn’t do their job. Leave that to us. The best formula is lawyer, lawyer, lawyer. And at Robert Callahan & Associates, we know exactly what to say to the police: My client will be making: NO STATEMENTS.   [1] Miranda v. Arizona, 384 U.S. 420 (1965) [2] Id. at 429. [3] Rhode Island v. Innis, 496 U.S.291 (1980). [4] Berkemer v. McCarthy, 468 U.S. 420, 440 (1984) [5] Maryland v. Wilson, 519 U.S. 408 (1997). [6] California v. Beheler, 463 U.S. 1121, 1125 (1983). [7] Pennsylvania v. Muniz, 496 U.S. 582 (1990). [8] Id. at 591-592. Schmerber v. California, 384 U.S. 757, 761 (1966). [9] Berkemer, 468 U.S. at 439. [10] People v. Parks, 48 Ill. 2d 232, 237 (1971). [11] People v. Hannah, 991 N.E.2d 412, 427 (1st Dist. 2013). [12] United States v. Mathiason, 429 U.S. 492, 495 (1977). [13] U.S. Const. Amdt. XIV. [14] People v. Slater, 228 Ill.2d 137, 150 (IL SCT. 2008) People v. Melock, 149 Ill. 2d 423, 440 (1992). [15] Smith v. Illinois, 469 U.S. 91, 98 (1984); Edwards v. Arizona, 451 U.S. 477 (1981).   Robert J Callahan 53 W Jackson Blvd #1442 Chicago, IL 60604 (312) 322-9000
Chicago Police, DIDN’T READ ME MY RIGHTS, Miranda warnings

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Address and Phone

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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