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  • POTENTIAL CHANGES IN ILLINOIS CRIMINAL LAW – PRIOR DUIS ADMISSIBLE IN DUI TRIAL? HIGHER RETAIL THEFT FELONY VALUE THRESHOLD?
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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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POTENTIAL CHANGES IN ILLINOIS CRIMINAL LAW – PRIOR DUIS ADMISSIBLE IN DUI TRIAL? HIGHER RETAIL THEFT FELONY VALUE THRESHOLD?

June 27, 2018 / Robert J Callahan / Blog
0
Chicago Criminal Defense Lawyer - Robert J Callahan
Politicians are like teenagers, if you don’t keep an eye on them, you won’t know what they’re up to until it’s too late. Sometimes they make sensible decisions, sometimes they get caught looking for sex in a public bathroom. Unlike teenagers, politicians can be voted out of the house. So it’s our duty as citizens to keep an eye on Springfield. But who’s got time for that?   We do. At Robert Callahan and Associates, we feel it's our duty as criminal defense attorneys to not only know what the law is, but what it could be. No doubt, the proposed changes in criminal law being debated in Springfield are something all criminal defense lawyers and defendants need to follow. Just this last legislative session, which ended May 31st, over 150 proposed criminal law bills were considered by Illinois House and Senate.   Below is a list & description of bills that, if passed, will have an almost immediate impact on every courtroom in the state:   From the Illinois Senate:    
  • ADMISSION OF PRIOR DUI(S) IN DUI TRIAL: SB681 & SB3155
  • If these bills pass, DUIs will join the ranks of sex offenses and domestic violence as the only criminal offenses in Illinois law where propensity evidence is explicitly allowed against a defendant at trial. What this means is the State can introduce a prior DUI in a current DUI trial to basically show you’ve done it once, so…. Or as the bills state, your prior DUI “may be considered for its bearing on any matter to which it is relevant.”
 
      • Like domestic violence and sex offenses, the law would require a pretrial hearing where the Court conducts a “balancing test” to determine the prior DUI’s admissibility.
      • APPLIES ONLY IF DEFENDANT REFUSES BREATHALYZER: Evidence of a prior Illinois DUI would only be admissible at trial if a defendant refuses to submit to chemical testing.
 
  • REFERRED FOR ASSIGNMENT
     
  • FELONY RETAIL THEFT VALUE THRESHOLD = $2,000: SB3257
 
      • Proposal: Retail theft- item value under $2000 = misdemeanor. Over $2,000= felony. Currently the threshold felony level is $300.
      • Would require felony retail thefts based on a prior conviction to be based on a prior felony theft conviction. Currently, a misdemeanor retail theft can be enhanced to a felony if the defendant has a prior theft conviction, whether this prior is a misdemeanor or felony.
 
  • REFERRED FOR ASSIGNMENT
     
  • PETITION TO GET OFF MURDERER & VIOLENT OFFENDER AGAINST YOUTH REGISTRY: SB3489
 
      • People required to register under the Murderer and Violent Offender Against Youth Registry generally must do so for a 10 year or lifetime period. If this bill passed, a registrant would be able to petition for early release from registration.
      • To qualify for early release, the petitioner must:
        • demonstrate exemplary conduct within his or her community;
          • exemplary conduct = testimony, character witnesses, or other evidence to demonstrate rehabilitation & no felony convictions during the last 5 years of registration.
        • successful completion of the terms and conditions of his or her registration for 5 consecutive years on the registry;
 
  • PASSED IN BOTH HOUSES
    From the Illinois House of Representatives:      
  • NO STATUTE OF LIMITATIONS FOR CERTAIN SEX OFFENSES: HB5112
 
      • If passed, like murder, charges for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse could be “commenced at any time.”
      • As it stands, there is no statute of limitations for criminal sexual assault, aggravated criminal sexual assault, predatory sexual assault, felony criminal sexual abuse, and aggravated sexual abuse, where the victim is under 18. 720 ILCS 5/3-6(j)(1).
      • Currently, the statute of limitations for these offenses is within 10 years of the commission of the offense if the victim reported the offense within 3 years of its commission. That’s confusing, but the message in the new proposal is clear: Illinois does not like sex offenses. 720 ILCS 5/3-6(i).
 
  • REFERRED TO RULES COMMITTEE
     
  • STEALING FROM THE STOOP IS A FELONY: HB5125
 
      • Creates a class 4 felony theft when a person takes a package off a porch or stoop delivered by the  USPC or other express delivery service.
 
  • REFERRED TO RULES COMMITTEE
     
  • AGGRAVATED BATTERY TO COP = NON-BAILABLE OFFENSE: HB5649
 
    • Would add Aggravated Battery to Peace Officer to the list of specific offenses where a defendant could be held without bail based on the specific type of charge.
    • Currently, these offenses are:
      • Offenses carrying a life sentence;
      • Non probationable offenses;
      • Stalking;
      • Unlawful Use of a Weapon-within 1000 ft of a school;
      • Terroristic Threat;
 
    • Defendants can also be held without bail where the Court conducts a hearing and determines their release would pose any threat to the physical safety of anyone.
   
  • DEFENDANTS CAN PETITION FOR RESENTENCING: HB 4828
 
    • If passed, this bill would allow defendants to petition for resentencing under certain conditions:
      • 30 days have passed since the original sentencing; AND
      • The statutory penalty imposed “has been subsequently reduced or altered in a manner that includes, but is not limited to:
        • (A) reducing the minimum or maximum sentence for the offense;
        • (B) granting the court more discretion over the range of penalties available for the offense; or
        • (C) changing the penalties associated with the offense or conduct underlying the offense in any way.”
    • REFERRED TO RULES COMMITTEE
  When bills are proposed, in either the Senate or House of Representatives, they go through a series of steps where they are assigned to specific committees before being voted on by legislature. Once the bill does pass its way through these committees and is passed by both houses, it is sent to the Governor. The Governor then has 60 days to sign it, do nothing, or veto the law. Only a veto will result in the law failing to take effect, unless the Governor proposes his own amendments.   If any of these bills eventually become law, their practical, everyday effects will be seen almost immediately. In the world of DUI criminal defense, the change would be monumental. Prosecutors would yet again add a powerful tool to their already ample arsenal. If passed, this law would put Illinois on the map as the only state in the country where such a law exists. On the other hand, felony thefts will raise their prices with the stroke of a pen and put us at similar felony retail theft thresholds as other midwestern states. This is much needed. Additionally, Defendants will have a statutory mechanism to challenge and change their sentence as society reduces the punishment for their crimes. From a defense standpoint, it’s a mixed bag.   Besides these bills, politicians have proposed bills on constitutional issues relating to stalking, the sex offender registration, and multi-dwelling units that could also impact the future of criminal defense law. Proposed changes to Illinois law are something criminal defense attorneys should watch closely. If these bills pass, the criminal defense lawyers will need to know right away how they will affect their clients. At Robert J Callahan & Associates, we’re ready. If you need expert, aggressive criminal defense representation, call 312 322 9000.
Chicago DUI, criminal defense lawyer, Criminal law, DUI Illinois, Illinois 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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