Criminal Trespass to State Supported Land
Our client was soliciting rides from passengers arriving at O'Hare. Definitely not allowed, but not a criminal offense either. Rather than just ticket our client for a city petty violation, the Chicago Police chose to arrest him and charge him with a crime punishable by up to 364 days in jail.
The prosecutor for the State of Illinois made an offer that many would think is great. Any lawyer that hadn't examined the facts of the case and the police reports carefully would have taken that offer and walked away happy. Ignorance is bliss. It turned out this case was a perfect example why you should run from a lawyer that tells you they'll wrap up your criminal case in one court appearance.
After a review of the police reports and further interview with our client, we determined that the prosecution would be unable to meet their burden. In a criminal trial, the prosecutor must prove all elements of the alleged crime beyond a reasonable doubt. In this case, two of the elements necessary under the Illinois criminal code were going to be very difficult for the prosecution. We brought this to the attention of the prosecutor, who refused to dismiss the charges.
After a trial by Judge, the Court found our client Not Guilty.
Steven H. Fagan
Steve Fagan graduated from the University of Illinois in Urbana/Champaign with a degree in political science. He earned his law degree from Chicago-Kent College of Law. Before being admitted to the bar, Steve prosecuted for the village of Arlington Heights, Illinois under a special certificate from the Supreme Court of Illinois. He is also the proud father of Joseph M. Fagan's three grandchildren.
Steve began his college career as a Music Performance major, thinking of a career as a Jazz Trombone Soloist. Reality dictated that fulfillment of his aspirations towards performance art would be found elsewhere, leading Steve to a career as a trial attorney. After becoming an attorney and giving up his position as the CEO, owner and operator of “The Computer King”, a custom-order computer sales company. Steve experimented with multiple practice areas, including Real Estate law and civil litigation. Ultimately, Steve limited his practice to criminal, DUI and traffic defense.
Steve practices law with a single-minded devotion to one thing – the needs and desires of the client. Steve is a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, the Illinois State Bar Association, and the DuPage County Bar Association, and has taught other attorneys in Continuing Legal Education.