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Criminal Law: Obstruction Charges; Not Guilty

Case Conclusion Date: 01.30.2013

Practice Area: Criminal Defense

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."

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