With witnesses standing in court, ready to testify, lawyer's motion to dismiss is granted. No trial. No case. Client walks free.
Skokie, Illinois criminal attorney Lewis Gainor defended a man in his mid-forties who was facing jail time for two charges of domestic battery. Police officers form North Chicago had arrested the man for a domestic incident on July 25, 2005, and the Lake County State's Attorney pressed charges. Lewis Gainor showed how to get Illinois criminal charges dismissed for violation of speedy trial.
The woman involved in the domestic incident pursued the case. She appeared personally in court for every court appearance, indicating her willingness to testify at trial against the man. Given that he was charged with causing bodily harm, and there was photographic evidence of her injuries, he client's outlook at trial was not good.
Lewis Gainor thoroughly investigated the case and determined that a trial had to be avoided. After several months of litigation, it was clear that the prosecution had violated the man's rights. Accordingly, Chicago criminal defense attorney Lewis Gainor filed a motion to dismiss the case under Illinois statute 725 ILCS 5/114-1, for violation of the man's right to speedy trial.
All the parties to the litigation filed briefs with the court. The matter went to full hearing before a judge on February 15, 2006.
The judge agreed with Lewis Gainor and granted the motion. With the woman pressing charges standing in the courtroom, the case was dismissed. Skokie criminal lawyer Lewis Gainor walked his client outside, and shook his hand. He was free to go.
