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Chicago Criminal Law Firm Defending Your Rights

January 2013 Archives

Criminal Law: Another Chicagoland Police Officer Charged

In the last several weeks the Criminal Law Blog of Giovannini & Olshansky has posted on the Police Misconduct of multiple Chicagoland Officers, and yet again, today we find ourselves hit smack in the face with another acquisition of misconduct.  This time Northbrook Police Officer Enrique Guzman is charged, being held in lieu of $30,000 bond, and will have to answer to charges of Residential Burglary, Armed Violence, and Official Misconduct.  These charges are very serious and carry significant jail time.  Again, this office and this blog begs the question of its readers "Can you really trust the police?" and "Do juries in Chicago take the testimony of the police blanketly as the truth?"  The public needs to remember that these officers go into court and testify against people they have arrested and often get convictions sending the defendants to the penitentiary for years of their lives.  The last couple of weeks and the number of Police Misconduct Cases in Criminal Law Cases in the Chicagoland area will hopefully open the eyes of the public that maybe the defendant is the one really telling the truth when he takes the witness stand.

Criminal Law: Obstruction Charges; Not Guilty

In the Criminal Law Case of the People of the State of Illinois v. M.S. a Judge on Wednesday January 30, 2013 found our client not guilty after a bench trial.  Attorney Stefan Fenner took the case to trial at the Cook County Courthouse located in District 3, Rolling Meadows.  During the trial one Cook County Sheriff's Officer testified and the defendant testified on his own behalf.

Criminal Law: Aggravated Unlawful Use of Weapon, Not Guilty

In the Cook County Criminal Law Case of The People of the State of Illinois v. C.D. a judge on January 29, 2013 found our client Not Guilty of Aggravated Unlawful Use of Weapons.  As charged, under Illinois Statute 720 ILCS 5/24-1.6, the defendant was looking a mandatory minimum of 1 year in the State Penitentiary with a maximum penalty of 3 years.  There were 2 witnesses that testified during the Bench Trial at 26th and California in Chicago's District One Courthouse.  

Criminal Law: Motion to Suppress Granted, charges dismissed

On Wednesday January 23, 2013 a Judge in the Circuit Court of Cook County Fifth District Court located in Bridgeview, Illinois dismissed the charges against the defendant in a Search Warrant Case which revealed 86.8 grams of Cocaine and a handgun after a pretrial Motion to Suppress was argued by Dennis Giovannini. In Criminal Law Case No. 10 CR 6181 the judge granted Giovannini & Olshansky's Motion to Suppress Evidence. The defendant was charged with Possession of a Controlled Substance with Intent to Deliver and Unlawful Use of of a Weapon by a Convicted Felon under Illinois Statutes 720 ILCS 570/401(A)(2)(A) and 720 ILCS 5/24-1.1(E) and was looking at a 9 to 40 year sentence in the State Penitentiary.  Chicago Police Officers executed a search warrant on the 9100 Block of South Essex St. in Chicago and upon knocking and announcing their office forced entry.  Once inside they encountered two individuals who they searched and discovered some narcotics from the defendant, then discovered a firearm and a large amount of cocaine in plain view on a counter.  The 86 grams of cocaine was packaged in 24 items alleged by the police to be for resale.  The defendant was not the "Target" of the search warrant, meaning that he was not the person whom they went to that location with information and an authorized warrant for arrest.  Giovannini was able to argue that because he was not the target that the search of his person that revealed the narcotics in his pockets was unconstitutionally invalid.  When the judge granted the motion to suppress the narcotics found on his person the state determined there was no other way to tie the defendant to the other contraband found in the location because he was not the target of the search warrant. Giovannini was quoted saying, "A search warrant isn't a ticket to jail, it is merely a piece of paper with writing on it that needs to be challenged like all other evidence against someone in any criminal case."

Criminal Law: Not Guilty, Accused of Sex Assault on a 4 year old

In Chicago Criminal Law Case. No. 10 CR 20783 the Judge found the defendant Not Guilty on Friday, January 18, 2013.  The trial took several days and multiple witnesses were called at the First District, 26th and California, Cook County Courthouse.  The defendant was charged with Predatory Criminal Sexual Assault of a Child, Criminal Sexual Assault, Aggravated Criminal Sexual Abuse, and Criminal Sexual Abuse and facing decades in jail.  The allegations stemmed from a series of events the four year old victim told her mother, hospital workers, social workers and the police.  Attorney Dennis Giovannini attacked the credibility of the out cries from the victim, as each time the stories seemed to change. The defendant also gave a signed confession to the allegations, however Giovannini challenged the validity of the defendant's allegedly signed statement in that is was in English and the defendant only speaks Spanish. The experience of the seasoned Criminal Law Attorney Dennis Giovannini came into play to question why the statement was being translated by a Chicago Police Officer from Spanish to English instead of just giving the alleged statement in Spanish. All sex offense cases are particularly challenging, as the allegations are heinous and usually it comes down to questioning what the victim actually said happened and whether it is truthful. 
In Illinois the allegation of Predatory Criminal Sexual Assault of a Child under 720 ILCS 5/11-1.40 is a Class X offense and carries a sentence of 6 to 60 years in the state penitentiary.  Mr. Giovannini commented, "He will be released from Cook County custody after a long 2 year process getting him to trial. He told me he just wants to move on and put this horrible event behind him."

Criminal Law: Another Officer Convicted of Misconduct

On January 18, 2013 a Criminal Law Cook County Judge in the First District at 26th and California found a Chicago Police Officer guilty of Perjury stemming from the officer's testimony against a defendant in a trial two years earlier.  Sylshina London was an officer from the Gresham District Police Station at the time she committed the offense.  The Officer fabricated evidence of a battery that led to the conviction of Debra Green, that conviction was later vacated upon the Independent Police Review Boards analysis of the case.  It took actual video footage to reverse and prove Green innocent of the offense and defeat the officer's lies.  In this day and age we are fortunate enough to have technology like cell phone cameras available most of the time, but what if it isn't there when it happens to you?

Criminal Law: Suburban Officers Charged

In a Criminal Law update local news and papers are reporting on yet another arrest of area police officers for Official Misconduct.  Often our clients find themselves face to face with the authorities investigating them for crimes, and often after being charged and hiring our firm we hear stories of how the police acted inappropriatley during their arrest.  One problem we face in the field of Criminal Law is that the general public has a misconception of the police in that they believe all of them are out there everyday protecting us... this is not the case.  We aren't saying that all officers are corrupt, far from that; most are very honest family people doing their job to the best of their ability.  However, time and time again we find ourselves watching the news and seeing police officers arrested for their misconduct.  In the last year we have seen civil suits and arrests of local police officers for everything from taking bribes to fix tickets, batteries, unnecessarily shooting people's dogs, and excessive tazing.  This newest arrest of the 3 Schaumberg Police Officer's (John Cichy, Matthew Hudak, and Terrance O'Brien) yesterday, January 16, 2013 for Unlawful Delivery of a Controlled Substance, Armed Violence, Unlawful Criminal Drug Conspiracy, Official Misconduct, Theft, and Burglary shows that this problem is not just a City of Chicago problem, it is a Chicagoland problem and it needs to be looked at more carefully.  Criminal Law attorneys Giovannini & Olshansky have a history of looking into cases of Police Misconduct.  If you are a victim of inappropriate behavior contact us.

Criminal Law: Armed Robbery, Two Not Guilty in One Week

Attorney Dennis Giovannini does it again, two findings of Not Guilty in one week in different cases for Armed Robbery charges.  On January 16, 2013 there was finding of Not Guilty in Criminal Law case No. 11 CR 12887 for our client who was charged with Armed Robbery under Illinois Statute 720 ILCS 5/18-2 and Aggravated Battery under 720 ILCS 5/12-3.05.  The allegations were that the defendant brandished a firearm, pistol whipped the victim, and then took his money and cell phone.  After a bench trial in the Cook County District 6 Markham Courthouse the judge found the defendant Not Guilty of all charges.  The charges carried a minimum of 21 years in the penitentiary without the option of probation.  The prosecution called several witnesses to try and support their version of events, however, after cross examination the versions of events from the witnesses didn't add up.  The defense called the responding police officers to the witness stand, and after the officers testimony it became apparent that there were too many inconsistencies to find anything other then reasonable doubt.  After the judge's ruling attorney Giovannini commented saying "The judge did the right thing.  When you looked at the evidence they had against our client from the reports it seemed that he was in some real hot water, but at trial that evidence just fell apart."  There were offers of significant jail time made to our client, but those offers were rejected and ultimately he decided to go to trial.

Criminal Law: Finding of Not Guilty for Armed Robbery Charges

There was a trial and finding of not guilty for our client in Criminal Law case number 12 CR 1253 on Wednesday January 12, 2013 in the Cook County Circuit Court District 4 located in Maywood Illinois.  Charged with Armed Robbery under Illinois law our client was facing a minimum of 21 years in jail, without the possibility of probation.  Attorney Dennis Giovannini discounted the complaining witnesses version of events and through brilliant cross examination the trial court had no option other then acquitting the defendant.  Armed Robbery with a firearm under Illinois Statute 720 ILCS 5/19-2 requires an individual to be sentenced to a minimum of 21 years behind bars.  Mr. Giovannini said his client was "happy and relieved" with the results.

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Recent Cases
  • Date: January 29, 2013
    Charges: Aggravated Unlawful Use of Weapons
    Case Title: People v. C.D.
    Location: 26th and California, Chicago
    Outcome: Not Guilty

    Read More
  • Date: January 23, 2013
    Charges: Possession of a Controlled Substance with Intent to Deliver and Unlawful Use of a Weapon by a Convicted Felon
    Case Title: People v. E.J.
    Location: Bridgeview, Cook County District Five
    Outcome: Motion to Suppress Granted, charges dismissed

    Read More
  • Date: January 18, 2013
    Charges: Predatory Criminal Sexual Assault of a Child
    Case Title: People v. R.V
    Location: 26th and California, Chicago
    Outcome: Not Guilty

    Read More
  • Date: January 16, 2013
    Charges: Armed Robbery
    Case Title: People v. D.L.
    Location: Markham, Cook County District 6
    Outcome: Not Guilty

    Read More
  • Date: January 12, 2013
    Charges: Armed Robbery
    Case Title: People v. J.S.
    Location: Maywood, Cook County District 4
    Outcome: Not Guilty

    Read More
  • Date: November 30, 2012
    Charges: Murder
    Case Title: People v. J.B.
    Location: Skokie, Cook County District 2
    Outcome: Not Guilty

    Read More
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