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

Robert J. Callahan

Rated by Super Lawyers

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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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DO I HAVE TO SHOW POLICE MY ID?

June 21, 2019 / Robert J Callahan / Blog
0
car jacking

DO I HAVE TO SHOW POLICE MY ID?

When the police ask something, anything, it’s not really asking, is it? If they ask you for ID, do you have to show it to them? Like most encounters with the police, that depends. Specifically on the type of police encounter and your relation to it. When police ask for ID, they expect you to produce it. But there’s no law in Illinois requiring you to carry an ID if you aren’t driving. There’s also no law that you have to show the police ID just because they ask you for it.

SO WHEN DO YOU HAVE TO SHOW/PRODUCE ID?

  • You are in public
  • The police tell you they’re police
  • Reasonable suspicion exists you are involved in a crime

IF YOU DON’T HAVE IDENTIFICATION, WHAT INFO DO YOU HAVE TO TELL THEM?

  • Name
  • Address
  • Reason for actions in question

Whether or not you have to provide police with your ID depends entirely on one question:

WHY ARE THEY TALKING TO YOU?

STOPPED IN A CAR

DRIVER: When a car is pulled over by the police, the DRIVER MUST SHOW IDENTIFICATION. The alleged traffic violation gives police reasonable suspicion to force you to provide identification. Basically, they have the right to investigate whether or not you hold a valid license to be able to drive a car.

PASSENGER(S): Passengers in a vehicle during a traffic stop do NOT have to provide ID or information if there is no reasonable suspicion that the passenger is engaged in a potential crime.

For example, if you are in your friend’s car and he gets pulled over for speeding, with those facts alone, you do not have to show your ID or provide your information to the ticketing cop. However, if you’re in your friend’s car and he gets pulled over for speeding AND the car smells like marijuana, you HAVE to provide identification or info to the police. The smell of marijuana gives the officer reasonable suspicion that anyone in the car could be involved in criminal activity. Traffic stop alone- no duty for a passenger to provide ID/info. Traffic stop + reasonable suspicion linked to passenger  = passenger must provide ID/info.

STOPPED ON THE STREET

If the police approach you on the street, you don’t have to provide them with ID/info….. unless…. the police have reasonable suspicion you may be committing a crime. What gives them reasonable suspicion? A bulge in your pocket, suspect narcotics in your hand or falling out of your pocket, open alcohol, basically, can they point to things during the on-the-street encounter that looks like a crime could be afoot. Make them point out those reasons to you before you give your ID. Be polite, be courteous, but ask why they think you’ve committed a crime. If they can’t tell you why they think you’ve committed a crime, you can refuse to give them your ID/info. Just do so in a polite way.

CONSENSUAL CONTACT

The law treats police like normal people in some ways, and in others ways not so much. Like a normal person, the police can go up to you and ask you anything. You have a duty as a citizen to know the law says you can terminate that encounter. That idea sounds nice written on a page. It’s much more difficult when you’re face to face with a person who has the legal authority to put you in handcuffs and take you away. But that doesn’t mean you can’t say no to the police. Police officers understand this dilemma. A common tactic of law enforcement is to use consensual conversations to build up criminal suspicion. As long as the encounter is consensual, that’s lawful. That means that just because Officer Friendly is asking you about where to find the best coffee in town doesn’t mean he’s not investigating you for a crime. But he can observe & lookup for a crime while consensually speaking with you. Fact is, if you aren’t suspected of a crime or a witness to a crime, there is no reason to EVER speak to the police. They might be nice. They might be friendly. Sure. Then hang out with them as you do with your normal friends, where no one has handcuffs.

CONCLUSION

RULE: If there is no suspicion of a crime and you’re not driving a car, the short answer is NO, you have no legal obligation to provide ID to the police.

But remember, even if the police don’t think have reasonable suspicion to believe you are involved in a crime, they can still ask you for your ID. You just have to be able to say No. To do so, you have to know when the law requires it and when it doesn’t. The police aren’t going to make that clear. If you’re not driving a car and a police officer asks for your identification, your response is simple: “I’m sorry, but unless you think I’ve committed a crime, no?” If they say some smartass response like “that’s what we’re trying to figure out” Politely responds, “what crime are you trying to figure out?” Whatever happens next, the point is they’ve got to come up with a justification. A justification that is now on the record. Later on, in court, they will have to point to the exact factors that led them to believe you were involved in a crime.

Whether or not the police have the requisite reasonable suspicion to believe you could be committing a crime, don’t be a dick to the cops. They may not have the right to force you to provide your ID, but that doesn’t mean you have to pick up a resisting arrest charge. In fact, the law clearly states that you can be convicted of resisting arrest even if the basis of the arrest is illegal. That’s why the best approach is to make the cop establish on the record why they believe you committed a crime and then comply with their request. You’ll still get arrested but you’ve given yourself the best chance of beating your case.

If you’ve been arrested by the police, call our office. We have successfully litigated motions to suppress crimes resulting from police-citizen stops. We know when the police can ask for your ID and when they can’t. That’s our job. Whether or not you have to show the police your ID legally, always respond to the request politely. You might be right, let them be wrong. We can prove you right later. Talk to a criminal defense lawyer now 312-322-9000

Location

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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