Peoria County Possession of Cannabis
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench trial
Date: May 7, 2013
Description: Client was driving his girlfriend's vehicle and was arrested for driving on a suspended license. Police searched the vehicle and found cannabis in the vehicle. Mr. Miller argued that the client had no knowledge of the contents of the vehicle and the State could not eliminate the possibility that the cannabis was someone else's even though the client admitted to smoking cannabis.
Peoria County Criminal Damage to Property
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Date: April 16, 2013
Description: Client was accused of purposefully ramming another vehicle with her car and throwing a brick at the alleged victim's car. Mr. Miller argued that the State did not provide sufficient evidence to link damage to the victim's vehicle to his client. That the police failed to do a complete investigation.
Peoria County Battery
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Date: March 28, 2013
Description: Client was an at home day care worker. Child alleged that client struck child in the face. Client after being interrogated admitted to police that client struck child. Filed motion to suppress confession alleging confession was coerced. Motion was granted and client was found not guilty at bench trial.
Peoria Unlawful Possession of Drug Paraphernalia and Cannabis
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Date: March 26, 2013
Description: Client was the passenger in a vehicle which was stopped for a traffic violation. The officer noticed a pill bottle at the client's feet and opened the pill bottle which contained Cannabis. Upon further search, the officer found a hitter pipe under the client's seat. Mr. Miller argued that the State did not eliminate the possibility that the items were the driver's.
Peoria County Disorderly Conduct
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Date: March 5, 2013
Description: Co-Defendants were accused of verbally threatening their neighbor while her boyfriend, and off duty police officer was present. In motion for directed finding of acquittal where Mr. Miller argued that swearing was constitutionally protected free speech and State's witnesses were not credible. Motion was granted and Not Guilty finding was entered.
Peoria County Possession of Cannabis
Practice Area: Criminal Defense
Outcome: Case dismissed
Description: Motion to Suppress evidence was filed after client was searched because he was standing on the porch of a house the police were executing a search warrant on, and cannabis was found on his person. Judge granted motion to suppress evidence finding that the search was unconstitutional based on research Mr. Miller provided in support of his motion.
Peoria County Possession of Cannabis Charge
Practice Area: Criminal Defense
Outcome: Case Dismissed after Motion to Suppress Evidence Hearing
Description: Client was parked legally in a high crime area. Police made traffic stop and smelled the odor of burnt cannabis eminating from the vehicle and searched client, finding cannabis on him. Argued that client was seized and illegally searched without lawful basis.
Fulton County Driving While Under The Influence
Practice Area: DUI / DWI
Outcome: Motion Hearing
Description: After the State reviewed the contents of a Motion in Limine seeking to bar certain evidence from being admissible at trial and to bar the State from making impermissible arguments at trial, the State dismissed the client's DUI charge.
Peoria Driving While Under The Influence
Practice Area: DUI/DWI
Outcome: Not Guilty at Bench trial
Description: Client was pulled over for speeding late at night. Had open needle marks on his arm and syringes in his car and on his person which tested positive for drugs. Officer testified that client failed all field sobreity tests. State had to prove client was intoxicated by a drug to the degree he was incapable of driving safely. Demonstrated client did drive safely and that state did not prove any drugs were in the client's system.
Peoria Driving While Under The Influence
Practice Area: DUI / DWI
Outcome: Not Guilty at Jury Trial
Description: Client was pulled over on motorcycle late at night for failing to signal. Client failed all field sobriety tests on video. Demonstrated and argued the tests were faulty and client was not so impaired he couldn't drive with ordinary care.
Peoria Criminal Damage to Property
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused by his father of breaking a window at the father's house. Client had blood on hand and blood was all over broken window and window frame.
Peoria Attempt Obstruction of Justice
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of placing drugs in his mouth and swallowing them.
Peoria County Domestic Battery and Battery
Practice Area: Criminal Defense
Outcome: Not guilty on all counts
Description: Client found not guilty at Jury trial of Domestic Battery of girlfriend and not guilty of Battery of girlfriend's son where they allege client choked girlfriend till she blacked out and threw son over porch. Self defense was asserted on client's behalf. Girlfriend and her son testified against the defendant at trial. The jury found client not guilty of all charges.
Peoria Attempt Retail Theft
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Clients were stopped by retail store employees with items in their purses which had not been paid for.
Peoria Battery on Police Officer
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of punching a police officer in the back.
Peoria County DUI
Practice Area: Criminal Defense
Outcome: Summary Suspension Rescinded
Description: Client’s Summary Suspension was rescinded after it was demonstrated that the officer did not follow the proper procedures when administering the Breathalyzer to the client.
Peoria County DUI
Practice Area: Criminal Defense
Outcome: Case Dismissed
Description: As the jury was waiting to be called in for selection the case was dismissed on the prosecutor’s motion after we were able to keep certain evidence from being admitted at trial as a result of arguing a Motion In Limine immediately prior to trial.
Tazewell County DUI
Practice Area: Criminal Defense
Outcome: Amended to Reckless Driving
Description: Client’s second DUI and blew over .08 BAC and was involved in minor accident in a parking lot. We were able to negotiate with the State and convince them to amend his DUI to a Reckless Driving with Court Supervision, thereby keeping him from having his license revoked and losing his job.
Fulton County Drug Forfeiture
Practice Area: Criminal Defense
Outcome: Forfeited Assets Returned to Client
Description: $14,500.00 was seized pursuant to the execution of search warrant. Probable Cause to seize money was not found after Bench Trial was held.
Peoria Resisting a Peace Officer
Practice Area: Criminal Defense
Outcome: Not Guilty at Jury Trial
Description: Client was accused of knowingly running from police during the execution of a search warrant.
Theft
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of stealing appliances from his sister and brother in law.
Disorderly Conduct
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of yelling in such an unreasonable manner as to alarm and disturb his ex girlfriend. Case was argued on freedom of speech grounds and whether the communication was protected by the 1st Amendment.
Peoria Intimidating a Witness
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of making threats and intimidating a person who was a witness in a relative's criminal case.
Peoria Battery
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was involved in a fight at a local high School. The affirmative defense of self-defense was asserted at trial.
Aggravated Battery on Police Officer
Practice Area: Criminal Defense
Outcome: Not Guilty at Jury Trial
Description: Aggravated Battery of Police Officer where prosecutor had three police witnesses and police alleged that our client purposefully scratched an officer breaking the skin. Client faced 3-7 years in DOC.
Peoria Attempt Obstruction of Justice
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of placing drugs in his mouth and swallowing them.
Possession With Intent to Deliver Cocaine
Practice Area: Criminal Defense
Outcome: Probation
Description: A client with a Class X Felony Possession With Intent to Distribute a Controlled Substance (a non-probationable felony) where the prosecutor was asking for 18 years in prison. Had his charge reduced and was given probation in the middle of a hearing on a Motion to Suppress Evidence that we conducted.
Woodford County Bond Reduction
Practice Area: Criminal Defense
Outcome: Bond Reduced
Description: Client was charged with a Class X felony drug offense where bond was originally set at One Million Dollars with ten percent to apply. We filed a Motion to Reduce our client's bond and a hearing was held on the matter. After a hearing that lasted almost two hours the bond was reduced and our client was able to post bond on the case.
Peoria County Sexual Abuse/Statutory Rape
Practice Area: Criminal Defense
Outcome: Not Guilty at Jury Trial
Description: Client was an 18 year old high school student accused of engaging in sexual relations with a junior high school student and was reported by the parents of the younger girl. Client was found not guilty at jury trial.
Peoria County Resisting a Peace Officer
Practice Area: Criminal Defense
Outcome: Not Guilty at Jury Trial
Description: Client was accused of striking and resisting a police officer after the officer stopped to check on the client when his vehicle was parked in the middle of a busy street during a heavy rain storm.
Peoria County Cannabis Possession Charge
Practice Area: Criminal Defense
Outcome: Not Guilty at Jury Trial
Description: Client was arrested after cannabis was found in the console of the vehicle he was driving. Jury trial was held where police officer testified our client admitted the drugs found in the vehicle was his. Jury found our client not guilty.
Peoria County Battery Charge
Practice Area: Criminal Defense
Outcome: Not Guilty at Jury Trial
Description: Our client was accused of attacking another person and breaking several ribs of the alleged victim. The evidence at trial included photos of a boot imprint on the chest of the alleged victim. The jury found our client not guilty.
Peoria County Arson Charge
Practice Area: Criminal Defense
Outcome: Probation
Description: Client was accused of burning down the house of an ex-girlfriend and faced up to seven years in prison. We were able to obtain a sentence of probation for our client.
Peoria County Criminal Damage to Property
Practice Area: Criminal Defense
Outcome: Not Guilty at Jury Trial
Description: Client was accused breaking a necklace worn by the host of a house party she was attending. Evidence at trial included scratch marks on the alleged victim near where the necklace was worn. The jury found our client not guilty.
Peoria Battery Charge
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of attacking another person at a local park after trying to keep the child of the alleged victim from fighting with her own child. Evidence at trial included photographs of various injury sustained by the alleged victim. The judge found our client not guilty.
Peoria County Trespass Charge
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of refusing to leave a bar in Downtown Peoria. Evidence included a police officer's testimony that he saw a bouncer from the bar push our client out of the front door of the bar and onto the sidewalk. The judge found our client not guilty.
Peoria Criminal Damage Charge
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of damaging the car of the alleged victim with her own vehicle. Evidence at trial included the alleged victim testifying she heard a loud screeching sound as our client pulled her vehicle away from the vehicle of the alleged victim. The two had been arguing over a mutual boyfriend. Evidence also included photographs of the damaged allegedly done by our client. The judge found our client not guilty.
Peoria Cannabis Charge
Practice Area: Criminal Defense
Outcome: Not Guilty at Bench Trial
Description: Client was accused of dropping a baggie of cannabis when officers had him step from his vehicle at a roadblock in order to search the vehicle. Evidence at trial included multiple officers testifying our client dropped the baggie of cannabis to the ground as soon as he stepped from his vehicle. The judge found our client not guilty.
