Criminal Trespass to Property - Directed Verdict of Not Guilty After Trial in DuPage County

People v. P.F. -  DuPage County criminal defense lawyer, James Dimeas, represented a 20-year-old female client who was charged with a Class A misdemeanor for Criminal Trespass to Real Property. The case was at the DuPage County Courthouse and went to trial. The client had no criminal record whatsoever. She was a college student and could not afford to have anything appear in a criminal background search that could hurt her future and affect her ability to obtain a job or employment licensing. She refused to back down despite of the state offering to reduce the charge to a simple Trespass and offering her Court Supervision and a small fine. The client insisted that she did nothing wrong and would not agree to plead guilty to something that she did not do. The case went to trial and after the state presented all its evidence, the judge granted James Dimeas's Motion for a Directed Verdict and found his client NOT GUILTY.

One evening, the client received a phone call from a friend informing her that he had been arrested for Driving on a Suspended License in Naperville. Her friend was being held in the Naperville jail and asked her to drive down to the Naperville Police Station and post the money needed for the bond.  The client, who lived in Chicago her entire life, had never been to Naperville. She asked her two roommates to accompany her to the Naperville police station to post the bond and get her friend out of jail. The client arrived at the Naperville Police Station but did not know where she needed to go to post the bond.

The first witness called by the state was the arresting Naperville police officer. The arresting officer testified that he was parked in the rear parking lot of the Naperville Police Station when he saw my client's vehicle stop at a gate in the back of the parking lot. The gate that she stopped at led into a parking lot area that was reserved for police officers. The gate was clearly marked with signs warning the public that this was a restricted area and that the public could not enter past the gates. The arresting officer testified that for some unknown reason, the gate was open. The officer testified that he saw the client stop her vehicle for a few seconds and then drive past the gate and enter the restricted police parking area. After the officer saw her pull into the restricted parking lot, he turned on his police lights and approached her vehicle. He exited his vehicle and placed her under arrest for Criminal Trespass to Property. The officer testified that the gate was clearly marked with signs warning that the parking lot was off-limits to the public.

The second witness called by the state was a DuPage County Deputy Sheriff who was walking into the Naperville Police Station to drop off some paperwork. The DuPage County Sheriff testified that as he was walking towards the entrance to the Naperville Police Station he was stopped by my client in her vehicle asking him where she had to go to post a bond. The DuPage County Sheriff testified that he pointed to the entrance that was a short distance from the front entrance and told her that she needed to enter that entrance to post the bond. The DuPage County Sheriff testified that he saw her drive past the door that he had told her to enter and made a right turn into the restricted parking lot. He also testified that he saw her stop for a few seconds and enter the restricted parking lot area.

After Mr. Dimeas was hired to represent the client, he went to the Naperville Police Station to look at the location where this incident occurred. He noticed that signs were posted warning that the parking lot was off-limits. He also noticed a sign informing people that the gate was under constant electronic surveillance. He took a picture of the sign. When Mr. Dimeas appeared for the client at the first court date, he requested that the state provide a copy of the video tape of this incident. He had the court order that the police preserve any video evidence they may have. After a couple of court dates, the prosecutor informed James Dimeas that the police had destroyed the videotape by mistake and could not comply with his request to provide him with a videotape of this incident.

After the state finished presenting their case, James Dimeas moved for a Directed Verdict asking that the court find his client not guilty and dismiss the case. Mr. Dimeas argued that the state had failed to meet their burden of proof when they failed to provide any evidence to show that his client had knowingly and intentionally entered the restricted area. Mr Dimeas argued that the state had provided evidence that suggested that his client had merely made an honest mistake. James Dimeas argued that while the state had alleged in its criminal complaint that the area was clearly marked with warnings, the area was also clearly marked by a sign informing the public that the area is monitored by electronic surveillance. James. Dimeas argued that despite of the signs informing the public of electronic surveillance, the state had failed to provide the electronic surveillance that would have clearly shown if the DuPage County Sheriff's Deputy had pointed his client to the correct location or if he pointed past the entrance he testified he pointed to.

The judge agreed with James Dimeas and granted his Motion for a Directed Verdict and found that his client was NOT GUILTY and dismissed the criminal charges against her. The client was able to expunge the criminal charges and completely remove this case from her record so that it could never be used against her in the future.

DuPage County criminal defense attorney, James Dimeas, has the unique distinction of never losing a trial in DuPage County.

 

James Dimeas has over-27 years of experience handling Criminal Trespass cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. James Dimeas is a nationally-recognized, award-winning, DuPage County Criminal Trespass attorney and published author. The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago." James Dimeas was named a "Best DUI Attorney." The American Institute of Criminal Law Attorneys named James Dimeas a "10 Best Attorney for Client Satisfaction." Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018, 2019, and 2020." AVVO rates James Dimeas as "Superb," 10 out of 10, the highest rating possible for any Criminal Trespass lawyer in the United States.

If you are charged with Criminal Trespass, or facing any criminal charges in DuPage County, you can contact DuPage County criminal defense lawyer, James Dimeas, anytime for a free and confidential consultation. You can always talk to James Dimeas personally by calling him at 847-807-7405.