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David Scott Olshansky

David Olshansky’s Legal Cases

8 total

  • Murder Charges

    Practice Area:
    Criminal Defense
    Date:
    Nov 27, 2012
    Outcome:
    Not Guilty
    Description:
    Chicago Tribune Article http://articles.chicagotribune.com/2012-11-29/news/ct-met-evanston-murder-trial-20121129_1_bad-blood-prosecutors-and-defense-attorneys-marcus-davis
  • Murder Charges

    Practice Area:
    Criminal Defense
    Date:
    Nov 30, 2012
    Outcome:
    NotGuilty
    Description:
    Another Tribune Article http://www.chicagotribune.com/news/local/suburbs/evanston/chi-evanston-man-not-guilty-20121130,0,6044235.story?fb_action_ids=533646589998094&fb_action_types=og.recommends&fb_source=aggregation&fb_aggregation_id=288381481237582
  • Criminal Law: Motion to Suppress Granted, charges dismissed

    Practice Area:
    Criminal Defense
    Date:
    Jan 23, 2013
    Outcome:
    Dismissed
    Description:
    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

    Practice Area:
    Criminal Defense
    Date:
    Jan 18, 2013
    Outcome:
    Not Guilty
    Description:
    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: Armed Robbery, Two Not Guilty in One Week

    Practice Area:
    Criminal Defense
    Date:
    Jan 16, 2013
    Outcome:
    Not Guilty
    Description:
    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 offeers were rejected and ultimatley he decided to go to trial.
  • Criminal Law: Finding of Not Guilty for Armed Robbery Charges

    Practice Area:
    Criminal Defense
    Date:
    Jan 12, 2013
    Outcome:
    Not Guilty
    Description:
    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 aquiting 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.
  • Criminal Law: Aggravated Unlawful Use of Weapon, Not Guilty

    Practice Area:
    Criminal Defense
    Date:
    Jan 28, 2013
    Outcome:
    Not Guilty
    Description:
    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. The allegations were that Chicago Police Officers were on a Theft from Motor Vehicles Mission on the 800 West Block of Huron when they were walking through parking lots looking for evidence of thefts. A police officer claimed that at approximately 4:00 a.m. while looking for evidence of vehicle thefts in the valet parking lot of a local nightclub he shined his flashlight into the defendant's unoccupied parked vehicle and observed the butt of a handgun protruding from the passenger side door panel. The officer then established a place of surveillance and waited for the owner of the vehicle to return. Sometime later a valet driver brought the vehicle back to the front of the nightclub where the officer waited for the occupants to enter the vehicle and start to drive away before curbing the vehicle and searching the occupants and the driver. Our client was that driver of the vehicle, which was a car rented from Avis, and allegedly gave an oral statement to the police admitting the gun was his. Our client testified on his own behalf and contradicted the statements of the police involved in his arrest. In his ruling the judge found both or client's version of events to be credible and also the officer's. In criminal law cases the standard of proof is not guilty beyond a reasonable doubt. The judge ruled that not knowing exactly what occurred when both versions of events were logical and there were multiple people with access to the area where the firearm was allegedly recovered that he could not find the defendant guilty beyond a reasonable doubt. Our client expressed his gratitude to the court and is hopeful to get this arrest expunged from his record and continue with the small business he owns with his mother.
  • Criminal Law: Obstruction Charges; Not Guilty

    Practice Area:
    Criminal Defense
    Date:
    Jan 30, 2013
    Outcome:
    Not Guilty
    Description:
    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. The charges against the defendant stem from the Cook County Sheriff's Police arriving at his Mount Prospect apartment to serve his brother with an Order of Protection. Our client, after opening the door for the sheriff, does not want to allow them to enter his apartment, and after some words are exchanged he attempts to close the door to push the sheriff out of the apartment. The brother is eventually served and afterwards they place our client under arrest for Obstructing Service of Process under Illinois Criminal Law Statute 720 ILCS 5/31-3. Although only a misdemeanor in Illinois, the charges are serious, and still have the potential to place a defendant in the County Jail for six months. Prior to trial there were plea offers made by the prosecution to our client, who rejected the offers and insisted he did nothing wrong and was going to trial. In an interview after the trial Mr. Fenner said that "the Judge did the right thing. There was no evidence presented by the prosecution that this Sheriff ever stated the reason why he was at the location prior to our client trying to remove him from his apartment, which, under these specific circumstances, he was justified in doing."