Law Office of Jonathan James - Learn more about our firms notable case results

ROCKFORD CRIMINAL DEFENSE ATTORNEY - CASE RESULTS

DISCLAIMER: Any result our lawyers have achieved on behalf of clients in other matters does not necessarily indicate that similar results can be obtained for other clients. No lawyer can ever make you a promise or guarantee about how your specific case will turn out. It is necessary to carefully consider the specific factual and legal circumstances of each client’s case before coming up with an opinion or any estimation of potential outcomes.

 

DUI – STEPHENSON COUNTY

Outcome: Case Dismissed

Description:
Our client was arrested for driving under the influence and submitted to chemical testing which yielded a BAC more than twice the legal limit. We filed a petition to rescind statutory summary suspension and a motion to quash arrest and suppress evidence. At hearing, we challenged the officer’s reasonable suspicion for initiating a traffic stop. The Officer claimed that our client pulled out in front of him and he had to slam on his brakes to avoid an accident. Additionally the arresting officer claimed that, while tailing our client, he observed our client swerve and almost hit a cluster of parked cars on two separate occasions. We presented the video from the Officer’s squad car and argued that our client was exercising reasonable care while driving and did not violate any provision of the Illinois Vehicle Code. After viewing the video and hearing the arguments, the Trial Court agreed that the officer did not have a reasonable basis to initiate a traffic stop. The Court noted that the Officer only decelerated from 29 mph to 22 mph and characterized the officer’s braking as a “tap” and not consistent with someone slamming on brakes to avoid an accident. The State appealed the case to the District Court. Upon review, the Appellate Court unanimously agreed with the Trial Court and upheld the Court’s decision to quash the arrest of our client and rescind the statutory summary suspension.


DUI – BOONE COUNTY

Outcome: Case Dismissed

Description:
Our client was arrested for driving under the influence. We filed a petition to rescind statutory summary suspension and a motion to quash arrest and suppress evidence. We used to video in the arresting officer’s squad car to critique his administration of the field sobriety test.  The court ruled the arresting officer improperly administered the field sobriety test and documented clues of impairment that were not seen on the video.  Because of this, the Court found the arresting officer did not have probable cause to arrest our client for DUI. As a result, our client’s license suspension was rescinded and the case was dismissed.


DUI – DEKALB COUNTY

Outcome: Not Guilty

Description:
Our client was stopped for a lane violation and eventually arrested for DUI Drug.  The arresting officer claimed our client was under the influence of cannabis despite not finding any cannabis on our client or detecting an odor of cannabis when interacting with our client.  During our examination of the officer, he admitted that he was not a certified drug recognition examiner and the only training he received in detecting persons under the influence of drugs was a 3 hour power point presentation.  After hearing the evidence, the Court found that the arresting officer did not have the necessary qualification to determine whether an individual was under the influence of cannabis and returned a verdict of not guilty.


DISTRIBUTION OF CANNABIS – JO DAVIESS COUNTY

Outcome: Case Dismissed

Description:
Our client was stopped for speeding and the police officer made our client wait while a drug detection canine was called to the scene.  Our client’s vehicle was eventually searched and our client was arrested for felony delivery of cannabis.  We filed a motion a motion to quash arrest and suppress evidence.  The court found that the arresting officer had no basis to keep our client at the scene while waiting for a drug detection canine.  As a result the evidence from the search was suppressed and the case was dismissed.


DUI – BOONE COUNTY

Outcome: Case Dismissed

Description:
Our client was arrested for driving under the influence. We filed a petition to rescind statutory summary suspension and a motion to quash arrest and suppress evidence. During our examination of the officer, he testified that he had never seen the NHTSA manual for DWI detection and was unaware of its contents.  The court ruled the arresting officer improperly administered the field sobriety test and found the officer lacked probable cause to arrest our client for DUI. As a result, our client’s license suspension was rescinded and the case was dismissed.


DUI – DEKALB COUNTY

Outcome: Not Guilty

Description:
Our client was stopped for a headlight violation and eventually arrested for DUI.  Despite submitting to chemical testing that showed our client’s BAC was below .08, the State’s Attorney’s Office still vigorously prosecuted the case assigning 2 prosecutors to try the case in hopes of getting a conviction against our client.  After hearing the evidence, the Judge found the state had not met its burden of proof and issued a directed verdict in favor of our client.


DUI – STEPHENSON COUNTY

Outcome: Case Dismissed

Description:
Our client was involved in an accident where his car slid off the road and was eventually charged with DUI.  When the police officer arrived, he placed our client in handcuffs and transported him to the police station that was approximately 30 minutes from the crash site.  At the police station, the officer administered field sobriety testing on our client and then arrested him for DUI.  We filed a petition to rescind statutory summary suspension and motion to quash arrest arguing the officer arrested our client without probable cause.  The court ruled that our client was placed under arrest when the officer put our client in handcuffs then transported him across the entire county.  The court further ruled that at the time our client was placed under arrest, the officer had not collected enough evidence to establish probable cause for the arrest.  As a result, our clients license suspension was rescinded and the case was dismissed.


SOLICITATION – WINNEBAGO COUNTY

Outcome: Not Guilty

Description:
Our client was charged with solicitation as a result of a sting operation conducted by the Rockford Police Dept. We took case to trial, the jury deliberated less than ten minutes and our client was found not guilty.


DOMESTIC BATTERY – STEPHENSON COUNTY

Outcome: Not Guilty

Description:
Our client was charged with Domestic Battery. Due to the no-drop policy for domestic battery cases, the prosecutor would not reduce or dismiss the charge. We took case to trial and our client was found not guilty.


POSSESSION OF A CONTROLLED SUBSTANCE – WINNEBAGO COUNTY

Outcome: Case Dismissed

Description:
We argued newly implemented legislation to the prosecutor that does not allow the State to bring criminal charges in certain circumstances. As a result, the prosecutor agreed that the new law was applicable and the case was dismissed.


DRUG POSSESSION – STEPHENSON COUNTY

Outcome: Case Dismissed

Description:
Our client was stopped by the police and placed under arrest due to a faulty warrant. As a result of the arrest, the police searched our client’s car and our client was charged with drug possession. We filed a motion to quash arrest and suppress evidence. The court ruled that because the officer was executing an unlawful warrant, any search that occurred because of that warrant was also unlawful and suppressed all evidenced that was gained from the search.  As a result, the case was dismissed.


DUI – WINNEBAGO COUNTY

Outcome: Not Guilty

Description:
Our client was charged with driving under the combined influence of drugs and alcohol. Because there was an accident in the case our client was also charged with failure to reduce speed to avoid an accident. We took the case to trial and it was found that the arresting officer did not have the proper expertise to opine whether our client was under the influence of drugs, which is an essential element of the charge. As a result our client was found not guilty on both charges.


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