Out-of-State Resident Charged with Aggravated UUW in Bridgeview – Finding of NOT GUILTY After Trial
People v. DB -Chicago UUW Attorney, James Dimeas, represented an Indiana resident who had been charged with an Aggravated UUW at the Cook County Courthouse in Bridgeview. The prosecutor refused to drop the charges so the case proceeded to a bench trial. After a full trial, the court found James Dimeas's client NOT GUILTY of the Aggravated UUW.
James Dimeas's client was a resident of the State of Indiana. He came to Chicago to visit his grandmother and see a doctor in Chicago. The client testified that he was the legal owner of a firearm in Indiana. He had purchased the firearm for personal protection after a string of burglaries in his neighborhood had occurred. He left his home in Indiana in the early morning. The client testified that he brought his firearm with him because he was afraid to leave it at home in case someone broke into his home and stole the firearm. He placed the firearm in the trunk of his vehicle and drove to Chicago.
The client arrived at his grandmother's home in the morning. Shortly after he arrived his ex-girlfriend arrived and he started arguing with her. At some point the argument became physical and somebody called the police to report a Domestic Battery. After the police arrived, they conducted a short investigation and placed the client under arrest and charged him with a Domestic Battery. As they were placing the client under arrest, a witness approached the police and told them that they had seen him remove a gun from the trunk of his vehicle and take it into his grandmother's house. Another witness informed the police that they had seen the client point the gun at his ex-girlfriend while they were arguing.
The police entered the grandmother's residence and obtained consent from her to search her house. The police searched the grandmother's residence and found a loaded firearm in a dresser in an upstairs bedroom. The police questioned the client and he admitted that the firearm belonged to him. The police charge the client with an Aggravated UUW claiming that he did not have a valid FOID card.
James Dimeas's client was charged with a misdemeanor Domestic Battery
. The Domestic Battery carried a potential penalty of up to one year in county jail and a maximum fine of $2,500. The misdemeanor Domestic Battery was eventually dismissed but the state refuse to even discuss resolving the Aggravated UUW unless the client pled guilty and agreed to a prison sentence.
James Dimeas's client was charged with an Aggravated Unlawful Use of a Weapon
because he did not possess a valid FOID card and was in possession of a firearm inside a residence. The sole reason he was charged with an Aggravated UUW
was because he did not have an FOID card. The state was not alleging that he pointed the gun at anyone. The police did not have a witness who would be able to testify at trial that they saw the client point a gun at anyone. They had used the statements made by the witnesses to justify placing the client under arrest and conducting a search of the grandmother's residence.
The Aggravated UUW charge was a class 4 Felony that carried a potential prison sentence of up to one year in State Prison. Probation is a possibility for a class 4 felony for an Aggravated UUW but the state was unwilling to even discuss an agreement that did not involve jail time. Therefore, the case proceeded to trial.
The entire case came down to the FOID card. In every count alleging the Aggravated UUW crime, the state included the requirement that the client have an FOID card as an essential element to each charge. James Dimeas attacked the allegation made by the state that the client was required to have an FOID card. James Dimeas pointed out that Illinois law contains a specific exception for an FOID for out-of-state residents who are passing through the State of Illinois with their firearm. The client testified that he came to Illinois so he could see a doctor and visit with his grandmother. He admitted that he brought his firearm with him. He also testified that he was planning on returning home that evening so that he could go to work the very next morning. James Dimeas was able to show that the client had a legal right to own a firearm in Indiana and was passing through the State of Illinois. Therefore, he was exempt under the Illinois law which required an FOID card. James Dimeas was able to show the court that because the client was an out-of-state resident, it wasn't possible for him to even obtain an Illinois FOID card.
After hearing all the evidence and the arguments, the court agreed with James Dimeas and found his client NOT GUILTY of an Aggravated UUW.
The case was a very difficult and stressful ordeal for the client. The case took well over a year to conclude. The client was required to come to court every month and miss time from work. The client had no criminal record and was looking at the possibility of going to jail and being labeled a convicted felon for the rest of his life.
Highly Experienced UUW Lawyer for Cook County Aggravated UUW Cases
James Dimeas has been handling UUW and Aggravated UUW cases throughout Chicago
, Cook Count
y, DuPage County
, Kane County
, and Lake County
for over-27 years. James Dimeas is a nationally-recognized, award-winning, UUW 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 UUW and Aggravated UUW lawyer lawyer in the United States.
Free and Confidential Consultation for UUW Cases
If you are being charged with a UUW, or an Aggravated UUW, in Chicago, Cook County, DuPage County, Kane County, or Lake County, you can contact
the highly experienced Chicago UUW lawyer, James Dimeas, any time for a free and confidential consultation. You can always talk to James Dimeas personally
by calling him at 847-807-7405