People vs. Michael S. Zaremba
Jan 20, 1994OUTCOME: The case was dismissed and we made law in the State of Illinois.
Our firm represented Michael S. Zaremba, in the case of People vs. Michael S. Zaremba, 158 IL 2d 36, 630 N.E. 2d 797, before the Supreme Court of the State Illinois. In that case, the defendant was ind ... icted for violating a Theft statute. Our firm moved to dismiss the indictment on the grounds that the section under which the defendant was charged was unconstitutional. The Supreme Court of the State of Illinois agreed with the trial court when the trial court dismissed the indictment. We argued that the statute was unconstitutional in that it was a violation of due process because the statute failed to require the culpable mental state. The case involved the police operating a sting operation whereby the police would represent to certain fencing operations in that items which they had to sell were stolen items. In fact, the items were not stolen and they were property that belonged to the police department. The court agreed with our firm’s argument that such a statute allowing such action was unconstitutional.
