Aggravated Unlawful Use of a Weapon

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OUTCOME: ALL CHARGES DISMISSED PRIOR TO INDICTMENT

Home Invasion, Aggravated Criminal Sexual Assault, Aggravated Battery

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OUTCOME: ALL CHARGES DISMISSED

Aggravated Criminal Sexual Abuse

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OUTCOME: 2 years of court supervision on a reduced charge of misdemeanor battery

The client, who was charged with Aggravated Criminal Sexual Abuse as a juvenile in Will County, was accused of touching his young sister in a sexual manner. Attorney DiQuattro maintained a positio ... n of strength on the case and vowed to fight the case to protect the young man from the potential lifelong harm that the charges posed against him. Immediately recognizing the defense's position of strength, the prosecutor in the case approached Attorney Diquattro and inquired as to how to resolve the case short of trial. Attorney DiQuattro conveyed that an acceptable disposition would consist of no juvenile adjudication (juvenile felony conviction) or mandatory sex offender registration requirement. The prosecutor was at first reluctant at the proposal but indicated that she would take it into consideration. To further advance this proposal, Attorney DiQuattro had the client undergo a “psychosexual evaluation.” A psychosexual evaluation is an evaluation that is conducted by licensed professional under the Sex Offender Management Board (SOMB). The purpose of this evaluation is to determine the risk level of an individual’s potential to commit further sexual offenses. After undergoing the evaluation, a report was compiled by the licensed evaluators who made a finding that the client was a low risk level for re-offending. Attorney DiQuattro also gathered letters of support from the client’s family members in mitigation. The letters of support demonstrated the family’s support of the young man despite the allegations and also showed that his young sister was not affected by the client’s alleged actions. Attorney DiQuattro presented to psychosexual evaluation and letters of support to the prosecutor to further support his proposal. After reviewing the materials tendered, the prosecutor went along with attorney DiQuattro’s proposal and made an extraordinary offer. The prosecutor offered 2 years of court supervision on a reduced charge of misdemeanor battery. This means that if the client completes his supervision satisfactorily, that the charge will ultimately be dismissed resulting in no adjudication (juvenile conviction) on his record. This disposition also eliminated the mandatory lifetime sex offender registration requirement.

Driving on a Suspended License

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OUTCOME: Court Supervision with Community Service

Client was charged with Driving on a Suspended License and other traffic violations in Will County. Client was frustrated with the legal process and had no idea why his license was suspended. After e ... ntering the case, Attorney DiQuattro was able to guide the client through the legal process and resolve the confusion. After making an inquiry to the Secretary of State, Attorney DiQuattro discovered that client's license was suspended due to a long forgotten unresolved ticket client had received a year earlier. Attorney Diquattro was able to motion up the long lost ticket and have it dismissed. This resulted in the client's license suspension being rescinded and his driving privileges were restored. Attorney DiQuattro and client then returned to court to resolve the suspended license and remaining traffic tickets. The Assistant State's Attorney assigned to the case initially refused to dismiss the charges or make an offer of supervision to client due to past traffic offenses. She was seeking a conditional discharge which is considered a misdemeanor conviction in Illinois and 30 days jail time. Attorney DiQuattro then engaged in aggressive negotations with the Assistant State's Attorney which resulted in the client receiving supervision on the suspended license charge with community service. The State also agreed to dismiss the remaining traffic offenses. The client was grateful for Attorney DiQuattro's guidance and zealous representation which restored his driving privileges and completely avoided any convictions on his record,

DUI

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OUTCOME: DUI Charges Amended to Reckless Driving

Client was arrested in Cook County for Driving Under the Influence. Client was accused of driving into a house which caused severe structural damage to the home. Further it was alleged that the occupan ... ts of the home witnessed the crash and identified client as the driver. Client was pulled over by police blocks away from the accident where many indicators of intoxication were implicated. Client also subsequently failed field sobriety tests. He was then arrested and charged with DUI and other traffic offenses. Fearful of the impact that the DUI charge could have on his future, client contacted Attorney DiQuattro to represent him in the case. Attorney DiQuattro entered the case and conduced a full analysis of the discovery. The prosecutor in the case approached attorney DiQuattro with an offer to resolve the case that would result in the client having the DUI conviction show up on his record. Unsatisfied with the offer, Attorney DiQuattro drafted and submitted a mitigation letter to the prosecutor on behalf of his client. A mitigation letter is basically a narrative of the client's background that highlights all the positive aspects of the client's background which in this case, included his lack of criminal background. After reviewing the mitigation letter, the prosecutor agreed to a disposition of amending the client's charges from DUI to reckless driving. The prosecutor also agreed that the client would serve a specified term of supervison which upon successful completion, would not be considered a conviction. Client was ecstatic about the result and grateful for Attorney DiQuattro's zealous representation which resulted in the client not having to take a DUI conviction on his record.

DUI

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OUTCOME: Not Guilty at Trial

Client was charged with DUI. Client was accused of driving down the street near his home under the influence of alcohol after a verbal altercation with his stepdaughter. A bench trial was conducted at ... Richard J. Daley Center. Client suffers from Type II diabetes. Client's defense presented at trial was that he was suffering from insulin withdrawl which mimics symptoms of intoxication from alcohol consumption. Client's medical records establishing his history of diabetes were introduced into evidence and client testified to his condition on the day of the incident. Finding of Not Guilty.

Attempted Murder and Aggravated Battery with a Firearm

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OUTCOME: Not Guilty at Close of the State's Case

Client was arrested and charged with Attempted Murder and Aggravated Battery with a firearm. Client was facing a minimum of 21 years due to a firearm enhancement. The client was sitting in Cook County ... Jail for 3 years with little to no progress being made on his case by his previous attorneys. His previous attorney told the client to plead guilty to the minimum time of 21 years. After entering the case, Attorney DiQuattro reviewed the discovery, met with the client on several occasions at Cook County Jail and conducted a thorough investigation. Attorney DiQuattro’s review of the case revealed multiple defects and weaknesses in the State’s case. The State’s complaining witness was a convicted felon with an extensive criminal background. The complaining witness was also subsequently arrested during the pendency of the case and convicted of an unrelated crime. The State’s additional witnesses were also either convicted felons, lacked credibility or refused to come to court to testify. There also was a lack of physical evidence linking the client to the crime. Almost a year after Attorney DiQuattro’s involvement with the case and filing a speedy trial demand, a bench trial was conducted at 26 and California. Effective cross-examination revealed multiple inconsistencies in one eyewitness’s testimony that called his credibility into question. Effective cross examination further revealed another eyewitness’s inability to identify the client at the scene. The complaining witness deviated from his previous statement to police thus failing to identify the client as the person who shot him. Other witnesses failed to show up to court to testify. After the State rested its case, the defense moved for a directed verdict of not guilty at the close of the State’s case. The Judge granted the motion without hesitation and found the client not guilty on all counts. The client was so grateful for all the hard work and dedication that went into his case, he cried and expressed how grateful he was for attorneys who did not give up on him. The client was subsequently released and reunited with his family giving him the opportunity to rebuild his life lost to nearly 4 years of incarceration.

Aggravated Unlawful Use of a Weapon, Possession of a Firearm by a Street Gang Member

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OUTCOME: All Charges Dismissed on Day of Trial

Client was accused of illegally possessing a loaded gun. Specifically, the client was accused of running from police who responded to a call of shots fired.  The client was further accused of entering ... a home without permission and was allegedly witnessed by police tossing the loaded gun into a speaker box in an attempt to hide it.  To make matters more serious, the police further accused the client of being a member of a Chicago Street Gang while illegally possessing the loaded gun. The Charges are broken down as follows: Possession of a Firearm by a Street Gang Member Class 2 Felony (3-10 Years IDOC) An individual convicted of this charge must serve at least 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole) This charge is also NON-PROBATIONABLE A Class 2 felony is typically 3-7 years in the penitentiary. However, this offense is subject to an extended 3-10 years IDOC sentencing parameter due the nature of the charge resulting from the individual being a member of a Street Gang while illegally possessing a loaded firearm. Aggravated Unlawful Use of a Weapon (AUUW) Class 4 Felony (1-3 years IDOC) An individual convicted of this charge must serve at least 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole) This charge is also NON-PROBATIONABLE and individual must serve a mandatory sentence of 1 year in IDOC due to the nature of the charge. The client was also charged with multiple counts of AUUW predicated on the following theories: Did not possess a valid FOID (Firearm Owners Identification) card; Did not possess a valid Conceal and Carry License; Client was under 21 years old while in possession of the firearm; The theories were also predicated upon the client being on a public street and not in his own home. After entering the case, Attorney Jim DiQuattro immediately began analyzing the discovery and preparing the case for trial. After a review of the discovery, conducting extensive case law research and multiple meetings with the client, the case was set for trial. After multiple trial delays mostly attributed to the prosecution due to the absence of essential witnesses, mainly police officers, it was finally revealed that one of the police officers was suspended.   Without this witness, the State’s case ultimately fell apart. After this fact was brought to the attention of the Judge, the Judge ordered the prosecution to provide further information as to the nature of the Officer’s suspension. The prosecution attempted to obtain a continuance.  Attorney DiQuattro objected to the continuance and argued that the suspended officer was an essential prosecution witness.  Attorney DiQuattro further eluded that the State would not be able to prove their case without this officer and noted the multiple trial delays in the case.  As a result, the Judge denied the State’s motion for a continuance. After passing the case and conducting their inquiry, the case was recalled and the prosecution immediately DISMISSED ALL CHARGES and acquiesced they would not be able to prove their case. The client was ecstatic with this extraordinary result. Client was grateful for Attorney DiQuattro's, zealous and aggressive representation which exposed the weaknesses in the State’s case and ultimately resulted in dismissal of all the charges.  The client was finally able to move forward with his life and was finally free of fear the potential lengthy prison sentence he was facing.

DUI

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OUTCOME: DUI charges Dismissed on Day of Trial; Supervision on an amended charge of Leaving the Scene of an Accident Involving Failure to Render Aid

Client was charged with multiple offenses stemming from a hit and run accident. Specifically, the client was charged with 3 counts of DUI, 1 count of driving without insurance, 1 count of driving wit ... hout a license and 1 count of leaving the scene of an accident resulting in personal injuries (a felony). The client was accused of driving the wrong direction on a one-way street which resulted in the client becoming involved in a collision with another vehicle carrying multiple occupants which resulted in personal injuries. The client was further accused of leaving the scene of the accident and being under the influence of alcohol while driving. It was also alleged that the client had a strong odor of alcohol on his breath and slurred speech. Fearful of the implications the DUI case could have upon his life, client retained Jim DiQuattro of Wigell Criminal Defense to handle his case. After reviewing the discovery and having multiple meetings with the client, Attorney DiQuattro determined that the case should be taken to trial. Attorney DiQuattro’s review of the discovery revealed multiple weaknesses in the State’s case. Additionally, favorable details for the client’s defense were revealed during the multiple meetings with the client. The case was then set for trial at the Richard J. Daley Center. On the day of trial, Attorney DiQuattro was ready to proceed to trial when the prosecutor assigned to the case made an unexpected offer. The prosecutor offer to dismiss the multiple DUI charges and other various traffic offenses in exchange for a 6-month term of supervision on an amended Charge of Leaving the Scene of an Accident for Failure to Render Aid. This amendment resulted from the original felony charge of Leaving the Scene of an Accident being reduced to a misdemeanor. The prosecutor indicated he was ready to proceed to trial, however, the prosecutor also acquiesced and acknowledged the multiple weaknesses in the case. After conveying the prosecutor’s unexpected offer and explaining the legality of the offer to the client, the client accepted the offer without hesitation. The client was overjoyed that the DUI charges were dismissed and the felony count of Leaving the Scene of an accident was amended to a misdemeanor. This outcome resulted in no conviction on the client’s record (upon successful completion of supervision) allowing him to move on with his life without the fear of a DUI conviction hanging over his head.

6th Violation of Probation

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OUTCOME: Probation Terminated Satisfactorily-NO JAIL TIME

Client was on probation for assault and battery. Client incurred various probation violations during the course of his mandated time. After his 6th violation, the client was facing the strong possibil ... ity of being taken off probation and sentenced to jail time. The nature of the 6th violation was premised upon the fact that the client failed two required drug tests. Facing the reality of probable incarceration, client contacted Wigell Criminal Defense the day before his next court date to help mitigate the situation. Wigell Criminal Defense took the case and made arrangements to be present with the client in court the next day. After arriving at court and speaking with the client, Attorney DiQuattro of Wigell Criminal Defense determined that client had a drug addiction issue that resulted in the failed drug test. Attorney DiQuattro spoke to the State’s Attorney assigned to the case who maintained the position that they would be seeking jail time for the client. The Judge was also in agreement with the State’s position on the matter at that time. After obtaining a continuance and investigating the matter further, Attorney DiQuattro spoke with the client’s probation officer regarding the client’s matter. After a meaningful conversation, the probation officer was willing to support Attorney DiQuattro’s position that the client should be given another chance to complete his probation successfully despite the 6th violation. At the next court date, Attorney DiQuattro conveyed to the Judge of the client’s drug addiction issue and the probation officer’s position supporting the client. Attorney DiQuattro also brought to the Judge’s attention that the client was in an out-patient drug rehabilitation center and had successfully passed three subsequent drug tests since the 6th violation. The Judge took the aforementioned facts presented by Attorney DiQuattro into consideration and allowed the client one more chance to complete his probation absent any further violations. After a few more court dates, client was able to get back on track with his probation and the Judge terminated the probation satisfactorily. Client was grateful for Attorney DiQuattro’s zealous representation. This allowed the client to successfully complete his probation despite a 6th violation and avoid any jail time when all odds appeared to be against him.