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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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WILL FELONY MURDER CHANGE IN ILLINOIS?

April 29, 2019 / Robert J Callahan / Blog, Murder
0
criminal-defense-chicago

WILL FELONY MURDER CHANGE IN ILLINOIS?

Did you know that in Illinois you can go to prison for 20-60 years for First Degree Murder even if you didn’t actually kill anyone? That’s right, you didn’t pull the trigger the law doesn’t care. You’re a murderer. That’s what it will say on the Illinois Department of Corrections website next to your IDOC number.

How so, you might be wondering?

A magical legal concept called “Felony Murder.” That’s how the law puts a gun in your hand when you never fired it, your buddy did.

In Illinois there are generally 3 types of murder: 1.Intentional acts of murder; 2. Acts creating a strong probability of death/great bodily harm; 3. Felony Murder.

Everyone knows about intentional murder. Everyone knows that’s First Degree Murder. The premeditated, calculated type of stuff you see on 60 minutes. Nobody knows about the so-called strong probability of death type murders. Think throwing a fire extinguisher off a roof at a someone walking below to scare them but they die, for example. That can be First Degree Murder too. But at least in that scenario you actually committed the physical act that caused someone to die.

Felony murder has no such requirement. Your physical actions do not have to actually cause the death. You don’t even have to have a gun or weapon. You could simply have set up the crime or agreed to participate in the crime, but you certainly never agreed to kill anyone. Too bad. The only question that matters is: did you agree to commit the “forcible felony” that eventually led to someone’s death.

The Illinois First Degree Murder statute states that you can be charged with First Degree Murder if you are:

“attempting or committing a forcible felony other than second degree murder.”

Like so much in law, one definition gives birth to another definition. What does a “forcible felony” legally mean? Thankfully, the law created a list:

  • treason
  • predatory criminal sexual assault of a child
  • aggravated criminal sexual assault
  • criminal sexual assault
  • robbery
  • burglary
  • residential burglary
  • aggravated arson
  • arson
  • aggravated kidnaping
  • kidnaping
  • aggravated battery resulting in great bodily harm/permanent disability/disfigurement
  • any other felony which involves the use or threat of physical force or violence against any individual.

To be clear, if the police can establish evidence that you (knowingly/intentionally) agreed to commit any of the above felonies, they can charge you with first degree murder.

And it doesn’t matter who gets killed.

Let’s say you and your friend agree to rob a gas station. You both have guns, but you’re only supposed to scare the clerk and get him to give you all the money behind the counter. During the robbery, your friend shoots the clerk. The clerk dies. That’s felony murder. Now let’s switch it up a bit. Say during the robbery the clerk distracts your friend, grabs the gun he has under the register, and kills your friend. Guess who gets charged with murder. Not the clerk. You do. What if the clerk misses your friend and kills someone who just happened to walk in the gas station? Same result.  You get charged with felony murder.

As the Illinois Supreme Court explains, ““It is immaterial whether the killing in such a case is intentional or accidental, or is committed by a confederate without the connivance of the defendant.., or even by a third person trying to prevent the commission of the felony.”

FELONY MURDER ACROSS THE USA

Illinois was the first state in the USA to officially adopt a felony murder statute in 1827. Today, forty-four states and the Feds continue to charge people everyday with this type of murder. Six states, Arkansas, Hawaii, Kentucky, Michigan, New Hampshire, and New Mexico, do not have felony murder on the books.

Outside of this small minority of states, the remaining forty-four states apply felony murder in two different ways: Proximate Cause felony murder & Agency felony murder.

The proximate cause theory states that you are liable for any death proximately resulting from the unlawful activity. This is the case in Illinois, which is a proximate cause theory state. The “unlawful activity” are the above listed felonies. Proximate cause felony murder allows for criminal liability for any death connected to the underlying felony. For instance, when the clerk kills your co-defendant or an innocent bystander.

Agency theory limits criminal liability to only those deaths caused by you or you or co-defendant. That means you can’t be charged because the clerk shot your buddy or someone who had the bad luck of walking in and catching a bullet.

Nineteen states and the feds have proximate cause felony murder like Illinois. Twenty-five states use agency theory.

HOUSE BILL 1615

Illinois lawmakers are thinking about changing the way we do felony murder in Illinois. They idea is to change Illinois from a proximate cause based felony murder to an agency theory felony murder. The bill aims to change the language:

“attempting or committing a forcible felony other than second degree murder.”

To:

“In furtherance of the crime, he or she personally causes the cause the death of an individual; or (4) he or she, when acting with one or more participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course and in furtherance of the offense, another participant in the offense causes the death of an individual, and he or she knew that the other participant would engage in conduct that would result in death or great bodily harm,”

Note, this proposed criminal justice reform bill does not abolish felony murder. Far from it.

If the police can establish evidence that you knew your co-defendant “would” engage in “conduct that would result in death or great bodily harm” you still get charged with first degree murder. The key word here is “would. ” Specifically, would v. could.

When you add a gun into the mix of any crime, the law assumes that you are potentially engaging in conduct that could cause death or great bodily harm simply by using the gun in the commission of the crime. That means you don’t have to know your buddy was going to shoot anyone, if you knew a gun was going to be involved in the robbery.

In using the word “would” it would seem that logic doesn’t apply. You may have wanted to rob the gas station but you didn’t know your buddy would shot the clerk aka engage in “conduct that would result in death or great bodily harm”  

If so, and the courts interpreted it this way, Illinois would still have felony murder, but the law would hold those who actually wanted to killed someone to a higher standard than those who found themselves faced with a dead body after a stupid plan goes wrong because of a hot headed associate or self defending citizen. It could take Illinois from being among the states with the harshest felony murder criminal liability to a progressive new face for felony murder.

NEW ILLINOIS YOUTH PAROLE LAW

For offenders convicted of felony murder who didn’t directly cause the death, a new law taking effect in June of 2019 will offer welcome relief. This law makes youth offenders convicted of murder automatically eligible for parole after a certain period of time incarcerated based on the offense.

Anyone locked up in IDOC for crime they committed before age 21 will be eligible to petition the Prisoner Review Board after:

  • 10 years: most felonies
  • 20 years: First Degree Murder and Aggravated Criminal Sexual Assault
  • Never: predatory criminal sexual or child or if serving a life sentence.

Whether or not an offender is granted parole will be determined on a case-by-case basis by the Illinois Prisoner Review Board. Victims, witnesses, and others have the right to be heard for any request considered. The law’s sponsor, Rep Barbara Flynn Currie, stresses that this is not a “get out of jail free card.” It his, however, a chance for people who made stupid decisions in their youth to alleviate the weight of their sentences as adults. Offenders serving more than 20 years (the minimum) who committed a felony murder but didn’t pull the trigger should be prime candidates for this new law.

Conclusion

They say when you lie with dogs, you get fleas. More accurately, you lie with the dogs, you go to prison with the fleas. As the law stands, you still can and will be prosecuted for first degree murder even if you didn’t pull the trigger. Hopefully, House Bill 1615 actually becomes law and changes that.

Until it does, at Robert Callahan & Associates - Chicago Criminal defense lawyers, we know everything there is to know about felony murder: what it is, how it's changing, and most important how to defend you against it. If you or a loved one is charged with felony murder, or any serious criminal matter, call us at 312 322 9000 to talk to experienced criminal defense lawyers ready to take your case.

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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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