Attorney James G. Dimeas
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UUW Conviction from 2016 Vacated

MISDEMEANOR UUW CONVICTION FROM 2006 – VACATED

People v. VM - On August 27, 2005, my client was pulled over by a police officer for a minor traffic violation. While the officer was issuing a traffic violation he noticed the strong odor of alcohol coming from my client’s breath and noticed my client’s slurred speech and asked him to exit the vehicle.  After my client exited the vehicle the officer asked him if he had been drinking and my client admitted that he had been drinking alcohol earlier in the evening. The officer suspected that my client had been Driving Under the Influence of Alcohol and asked him to perform Field Sobriety Tests.  After determining that my client had failed the Field Sobriety Tests he had him take a Preliminary Breath Test and the PBT indicated that his blood alcohol content was over the legal limit.  At that point the police officer decided that he had enough evidence to place my client under arrest for a DUI and took him into custody by placing handcuffs on him and putting him in the back seat of his squad car.  The officer then began to do an inventory search of my client’s car before it was towed from the scene of the arrest.  As he approached the passenger side of the vehicle he noticed the chrome nickel finish of the butt of a .44 Magnum revolver sticking out from under the passenger.  He retrieved the loaded firearm from underneath the passenger seat of my client’s vehicle.  My client admitted that the firearm was his and he produced a valid Firearm Owner’s Identification Card (FOID) that was in his wallet.

My client was eventually charged with a Class 4 Felony UUW and a misdemeanor DUI.  The case was eventually transferred to the Old Orchard Courthouse in Skokie.  The Class 4 Felony UUW was eventually reduced to a misdemeanor UUW due to the fact that my client had no criminal record and had a valid FOID card at the time of the arrest.  In the fall of 2016 he plead guilty to the misdemeanor UUW and he received misdemeanor probation and community service hours.  However, my client was forced to deal with a criminal conviction that was on his record and came up whenever he had to undergo a background search for a job.  

In 2012 the Seventh Circuit Court of Appeals in Chicago ruled that the Illinois UUW statute was unconstitutional because it did not allow for a resident of Illinois to be able to legally carry a concealed firearm outside the home. A little less than a year later, in a landmark ruling, the Illinois Supreme Court agreed with the Seventh Circuit Court of Appeals and ruled that the Illinois Class 4 UUW statute violated the 2nd Amendment to the United States Constitution because it imposed a blanket prohibition on the right to carry a concealed firearm in Illinois. In response, the Illinois State Legislature passed a Conceal and Carry Statute which allows residents of Illinois to legally carry a concealed firearm in public provided that they comply with certain statutory requirements.

Meanwhile, my client continued with his life dealing with the difficult burdens that come with having a criminal record.  My client read an article discussing the cases involving the Seventh Circuit Court of Appeals and the Illinois Supreme Court and the Illinois UUW statute and decided to contact Chicago UUW lawyer, James Dimeas, to see if he could have his misdemeanor UUW conviction from 2006 removed from his record.

After I obtained the court file in Cook County and the police reports I filed a Motion to Vacate the UUW conviction from 2006 based on the 2 cases from 2012.  Even though the 2 cases from 2012 involved the Class 4 felony portion of the Illinois UUW statute, I argued that the rulings in those 2 cases applied to the Misdemeanor portion of the UUW statute that my client had been convicted of in 2006.  My motion raised novel issues that were fully briefed and argued by me and the state.  The Court eventually agreed with me and ordered that the misdemeanor UUW conviction from 2006 be vacated and thrown out.  A Petition to Expunge was filed after this and the misdemeanor UUW conviction was removed from my client’s record.  Whenever he applies for a job the 2006 Misdemeanor UUW conviction does not appear on his record.  My client no longer has to admit that he was convicted of a crime and is able to move forward with his life without any criminal convictions appearing on his record or in a background search.

Chicago DUI and UUW lawyer, James Dimeas, has spent 25 years handling UUW and DUI cases throughout Cook County, DuPage County and Kane.  James Dimeas is an award winning criminal defense lawyer and published author.  If you are facing DUI or UUW criminal charges you can contact James Dimeas anytime for a free and confidential consultation.  You can always call James to talk to him personally about your case.  Mr. Dimeas can always be reached at 847-807-7405.
Client Reviews
I got into an argument with my ex-boyfriend. One thing led to another and when he came close to me I pushed him away. He called the police and when I spoke to the police I told them that I pushed him without realizing that you don't have to hit someone to be charged with a Domestic Battery. Being arrested was terrifying. I spoke to several attorneys who promised they would win the case and were charging a ridiculous amount of money. A friend referred me to James Dimeas. He was straightforward and honest with me and charged me a very reasonable and affordable fee. He got me into the Kane County Deferred Prosecution Program. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. I highly recommend Jim Dimeas. He is an honest and straightforward lawyer that will look out for your best interests.
★★★★★
Had a DUI and hired a lawyer who lived in my building that I knew for years and trusted. Thought he was my friend. Paid him (more than I should have) and he handled my case for almost a year and totally screwed it up. I fired him and found out that he had given up his law license around the time I hired him. A friend recommended James to me and he took over my case and handled it the way it should have been handled from the beginning. I cannot stress how HIGHLY I recommend James Dimeas. I wish I would have hired him from day one. He answered all my calls and text messages and cleaned up a royal mess that had been created by the previous guy that I thought was a lawyer. I consider James to be a friend and recommend him to all of my friends. What a great lawyer and an even better guy! J.P.
★★★★★
I had been accused of doing something, by my then wife, that I did not do. I was 100% innocent and was at the lowest point in my life. My mother told me to call James Dimeas. Her friend recommended him to her. James fought for me in court and refused to back down, even when the prosecution offered to lower the charges and make me plead guilty. I refused to plead guilty to something I did not do. The case went to trial and James won my case. I was found not guilty because I was NOT GUILTY. I HIGHLY RECOMMEND JAMES DIMEAS! Not only is he a great lawyer, but he is also a great human being. The truth shall set you free! C.D.
★★★★★
James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. He will go above and beyond what he needs to do to help you out. Sometimes I would text him in the evening or the weekend with a question and he would always respond. Really made me feel like he cared about me. When we went to court he tore apart the girl that was making false allegations against me and he won my case. That was one of the greatest day of my life. If you need legal help, the only lawyer should call is James Dimeas. Highly recommended! E.L.
★★★★★
I am so lucky to have stumbled upon this great attorney. I made a really stupid mistake at the worst time. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. I could not leave for Basic Training until the case was dismissed and Jim made some calls and got the case dismissed. What a great guy. I’m so lucky I found him online and called him! Somebody was looking out for me. J.S.
★★★★★