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Chicago Area Criminal DUI and Traffic Case Results

Criminal Trespass to State Supported Land

June 2013

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.

Court: Chicago Criminal Court

Steven H. Fagan

Steve Fagan earned his law degree from Chicago-Kent College of Law, is a member of the NCDD, NACDL, ISBA, IACDL and a founding member of the DUIDLA. He is published and has taught CLE for lawyers on subjects such as sex offenses, DUI and criminal defense, and focuses on Criminal and DUI trial defense.

Where do we appear in court?

We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout the Chicago area including Cook, Lake, DuPage, Kane and Will county courts, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton, Naperville, Elgin, St. Charles and more.