Charges: Possession of a Firearm by a Street Gang Member–Class 2 Felony (2-10 years IDOC), Aggravated Unlawful Use of a Weapon (AUUW)-Class 4 Felony (1-3 Years IDOC); Result: 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, the Wigell Criminal Defense attorneys 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, WCD set the case 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.  WCD objected to the continuance and argued that the suspended officer was an essential prosecution witness.  WCD 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 WCD’s team approach, 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.

Potential Sentence: Methamphetamine Conspiracy (Class X) 6-30 Years; Possession of Methamphetamine Precursor (Class 2 Felony 3-7 Years) WCD Result: Class X Charge dismissed; 30 Months Drug Court Probation (No Felony Conviction upon Successful Completion)

Our client was arrested and charged with Methamphetamine Conspiracy and Possession of Methamphetamine Precursor in Dewitt County. Specifically, our client was accused of participating in a Methamphetamine Conspiracy with several other co-defendants. It was alleged her role was to acquire cough medicine from the local pharmacy and provide it to the other co-defendants so they could use the cough medicine to cook Methamphetamine. The arrests stemmed from a lengthy Illinois State Police Drug Task Force Investigation and Surveillance Operation. The client also suffered from serious drug addiction issues. Realizing the complexity and seriousness of her case, the client hired Wigell Criminal Defense to represent her.

After entering the case, the case proceeded to a preliminary hearing. The lead investigator of the Illinois State Police testified at the preliminary hearing. Effective cross-examination by Attorney Jim DiQuattro of WCD at the preliminary hearing revealed multiple weaknesses and inconsistencies in the State’s case. As a result of the weaknesses and inconsistencies exposed by the preliminary hearing, the attorneys of Wigell Criminal Defense immediately began preparing the case for trial.

The State’s Attorney in the case acknowledged the multiple weaknesses in its case and approached the attorneys of WCD with a very interesting proposition. The State offered the client 30 months of Drug Court Probation if she agreed to become a cooperating State witness.

The client acknowledging her drug addiction issue and willingness to accept other conditions, accepted the proposition. Prior to entering the plea, the client with WCD met with the lead investigator of The Illinois State Police for a proffer. A proffer is when the individual participates in an interview with the prosecutor and/or officers of the investigating Law Enforcement Agency. The purpose of this interview is for the individual to provide information to the Prosecution and or/police to assist in their investigation and in this case to help build a case against the co-defendants. At this meeting, the client provided the Investigator with all the information she knew about the Meth Conspiracy and the nature of her role.

The client was placed on 30 months Drug Court Probation and the Class X charge was dismissed. Additionally, the client’s conviction will be vacated upon her successful completion of the Drug Court probation program and certain conditions.

Client was overjoyed with the outcome and was also very dedicated to getting the help she needed to treat her long term drug addiction. The client was grateful for all of the hard work of the attorneys of Wigell Criminal Defense which lead to this extraordinary result. The client will now be able to get the help that she needs to ultimately overcome her drug addiction thus giving her a second chance at life.

Charges: Aggravated Criminal Sexual Abuse-Class 2 Felony (3-7 Years IDOC); Potential Result: 3-7 years prison; Lifetime Sex Offender Registration Requirement; WCD RESULT: PROBATION ON A REDUCED CHARGE OF MISDEMEANOR BATTERY; NO PRISON TIME; NO FELONY CONVICTION; NO MANDATORY LIFETIME SEX OFFENDER REGISTRATION REQUIREMENT

Our client, a successful businessman, was charged with Aggravated Criminal Sexual Abuse. Specifically, a 12 year old friend of his daughter accused our client of touching her in an inappropriate sexual manner one night during a sleepover.

The charge of Aggravated Criminal Sexual Abuse is broken down as follows:

  • Aggravated Criminal Sexual Abuse
    • Aggravated Criminal Sexual Abuse is a class 2 felony punishable from 3-7 Years in the penitentiary (Illinois Department of Corrections)
    • An individual convicted of Aggravated Criminal Sexual Abuse must serve at least 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
    • A conviction of this charge requires MANDATORY LIFETIME SEX OFFENDER REGISTRATION.

Fearful of the implications this charge could have on his future, career and family; the client hired Wigell Criminal Defense to represent him. After a detailed and methodical review of the discovery and multiple meetings with the client, it was determined that the State’s case had multiple weaknesses and the case should be taken to trial.

As the case progressed, the Assistant State’s Attorney assigned to the case filed a 115-10 Motion. This type of motion is typically filed to allow certain statements admitted into evidence at a trial which would be normally considered hearsay.  Hearsay can be defined as a statement made by someone not testifying in court that to be used as evidence to show that a defendant committed a crime (the truth of the matter asserted).  Hearsay is typically prohibited from being introduced as evidence at trial outside of various exceptions enumerated in the law.  In this case, Illinois law has a Statutory exception under 725 ILCS 5/115-10 that allows for out of court statements in cases involving a physical or sexual act perpetrated against a child who is under the age of 13.  This allows “outcry” witnesses to testify in court to an out of court statement the child made to them.

In our client’s case, the complaining witness made an “outcry statement” to two witnesses regarding the alleged sexual touching she accused our client of committing against her. The attorneys of Wigell Criminal Defense acknowledged the filing of this motion and indicated their opposition to the motion and the intention of taking the case to jury trial.

While preparing for the 115-10 Motion Hearing and trial, Wigell Criminal Defense continued to negotiate. After significant negotiations, the assistant state’s attorney agreed to reduce the felony charge of Aggravated Criminal Sexual Abuse to a misdemeanor charge of battery.  Thus, all sex charges were eliminated. THIS RESULT ELIMINATED A FELONY CONVICTION AND LIFETIME SEX OFFENDER REGISTRATION.

The client accepted the offer without hesitation. The client was grateful for the all the hard work and dedication the attorneys and staff of Wigell Criminal Defense put into his case.  This result protected his career and ultimately saved his future.  Additionally, the client will be eligible to have the misdemeanor battery conviction sealed after the requisite waiting period has passed.

Charges (2 Separate Cases): 1st Case: Felony Retail Theft-Class 3 Felony (2-5 Years IDOC); 2nd Case: Felony Retail Theft-Class 3 Felony (2-5 Years IDOC); WCD Result: 1st Case: 24 MONTHS “SECOND CHANCE PROBATION” NO FELONY CONVICTION UPON SUCCESSFUL COMPLETION; 2nd Case: ALL CHARGES DISMISSED AT PRELIMINARY HEARING

Our client, was first accused of shoplifting at a Bloomingdale’s Store in downtown Chicago. Specifically, she was accused of stealing a dress by hiding it her purse and attempting to leave the store without paying for the aforementioned dress.  The client had hired Wigell Criminal Defense to represent her in this case.

While the first case was pending, our client was arrested again for another retail theft offense as well as possessing a controlled substance.  Our client was accused of attempting to walk out of a Macy’s store in Chicago with a pair of designer sunglasses as well as being found with cocaine on her person.  She was then subsequently charged with a felony retail theft and possession of a controlled substance.

After the client’s bond hearing on the second case, she also incurred a third charge of VOBB (Violation of Bail Bond) due to her being charged with the second case while the first case was still pending. When an individual is charged with a felony and released on bond, one standard condition of bond is that the individual not violate a State or Federal Law while the case is pending.  If a person is charged with another offense while on bond, this results in the VOBB charge being filed by the prosecutors assigned to the initial case.  The class of felony of VOBB is typically one class below the initial pending charge.  In our client’s case, the VOBB charge was a Class 4 Felony since the Felony Retail Theft charge in the first case was a class 3 felony.

After the bond hearing on the second case, the case then went to the preliminary hearing. A preliminary hearing is a method of formalizing the charges in a felony case.  A preliminary hearing is a hearing that is conducted before the Judge.   At this hearing, the State’s Attorney puts on a witness (typically the arresting officer) who testifies as to what allegedly occurred.  The defense has the opportunity to cross-examine the witness on limited issues.  The standard in these hearings is whether there is probable cause that a crime may have been committed.  This is a very low standard of proof and evidence which is typically inadmissible at a trial is allowed to be introduced at a preliminary hearing.

In this case, the loss prevention officer of Macys who detained our client testified for the State as to his version of what occurred. Effective cross-examination at the preliminary hearing revealed multiple holes and weaknesses in the loss prevention officer’s testimony.  These holes and weaknesses resulted in the State failing to establish probable cause that a crime may have been committed.  The Judge without hesitation dismissed the case.  This dismissal also resulted in the third charge VOBB being dismissed.

With the second case and VOBB charge being successfully dismissed, the attorneys at Wigell Criminal Defense continued to fight the charges of the first retail theft case. After numerous court dates, the Assistant State’s Attorney in that case then made an offer of “Second Chance” Probation.  “Second Chance” Probation is a special type of probation that avoids a felony conviction on an individual’s record.  Specifically, when an individual accepts of plea of second chance probation, the conviction is entered for the mandated period (typically 24 months) and the individual must successfully complete required conditions of second chance probation.

The client was grateful for the result of “second chance” probation which gave her the opportunity to rebuild her life which was negatively impacted by her substance abuse addiction.   This result ultimately will avoid a felony conviction on her record thus giving her a “second chance” at life.

Charges: Aggravated Kidnapping-(Class X-6-30 Years in prison (Illinois Department of Corrections)); Aggravated Criminal Sexual Assault (Class X-6-30 Years in prison (Illinois Department of Corrections)); Aggravated Criminal Abuse (Class 2-3-7 Years in prison (Illinois Department of Corrections)) Potential Result: 12-60 Years IDOC, Lifetime Sex Offender Registration Requirement; Wigell Criminal Defense Result: 30 Days Cook County Jail; 30 Days Swap; 24 Months Probation; NO SEX OFFENSE CONVICTION; NO SEX OFFENDER REGISTRATION REQUIREMENT

Our client was accused of sexually assaulting a woman he went on a date with after meeting her on the Internet website, Backpage.com. Specifically, our client was charged with four (4) counts of Aggravated Kidnapping, two (2) counts of aggravated criminal sexual assault and two (2) counts of aggravated criminal sexual abuse.

The breakdown of his charges is as follows:

  • Aggravated Kidnapping: This charge is NON-PROBATIONABLE.
    • Aggravated Kidnapping is a Class X Felony punishable from 6-30 Years in the penitentiary
    • If convicted of aggravated kidnapping, Defendant must serve a mandatory minimum sentence of 6 years and must serve a minimum 85% of his sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
  • Aggravated Criminal Sexual Assault: This charge is NON-PROBATIONABLE
    • Aggravated Criminal Sexual Assault is a Class X Felony punishable from 6-30 Years in the penitentiary.
    • These charges require mandatory consecutive sentencing meaning that if the individual is convicted of more than one count, that the sentences imposed on each count would run one after another
    • If convicted of aggravated criminal sexual assault, Defendant must serve a mandatory minimum sentence of 6 years and must serve a minimum 85% of his sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
    • A conviction on this charge also requires a MANDATORY LIFETIME sex offender registration requirement.
  • Aggravated Criminal Sexual Abuse
    • Aggravated Criminal Sexual Abuse is a class 2 felony punishable from 3-7 Years in the penitentiary
    • An individual convicted of Aggravated Criminal Sexual Abuse must serve at least 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
    • This charge is probationable. However, a conviction of this charge requires MANDATORY LIFETIME sex offender registration.

After interviewing multiple attorneys and doing his research, the client retained Wigell Criminal Defense to represent him in his serious and complex matter. The Wigell Criminal Defense team immediately began preparing the case.

After analyzing the discovery and conducting a diligent defense investigation, the attorneys at Wigell Criminal Defense were able to develop a theory of defense for trial. The attorneys at Wigell Criminal Defense determined that the incident was a consensual sexual encounter between their client and the complaining witness.  She had posted an ad on Backpage.com for a “Sugar Daddy” in exchange for “Time and Companionship.”  Time and Companionship was innuendo for money in exchange for sexual favors.  The complaining witness was scorned towards the client for “shorting her” on payment for “time and companionship.”  She went to the police and fabricated sexual assault allegations.

The Wigell Criminal Defense team of Attorneys and Paralegals determined that this was a case that had to be set for trial. After filing and arguing a series of pretrial motions which resulted in many favorable rulings for our client, the prosecutor made an offer.  The prosecutor offered the client sex offender probation.  This would require LIFETIME sex offender registration.

This offer was rejected. Raymond Wigell, Senior Trial Attorney of Wigell Criminal Defense continued to negotiate. Further negotiations resulted in the prosecutor reducing her initial offer to a charge with a 10-year requirement of sex offender registration.  Reluctant to accept this offer due to the sex offender registration requirement having the potential to ruin his career, Attorney Raymond Wigell continued aggressive negotiations while simultaneously preparing for trial.

After making the prosecutor aware of the multiple weaknesses in the case including credibility issues, the State made an offer which was extraordinary under the circumstances.

In exchange for a plea of guilty on amended felony charges of kidnapping and aggravated battery, the client would be placed on 2 years of probation with a requirement to serve 30 days in Cook County Jail and perform 30 days of SWAP. THIS DISPOSITION AVOIDED PRISON AND AVOIDED REGISTERING AS A SEX OFFENDER.

After discussing the matter in detail with the attorneys of Wigell Criminal Defense and considering all options, the client accepted the offer. The client did not want to risk being found guilty at trial and sentenced to a mandatory minimum of 12 years in prison or more and registration as a sex offender.

This result was best for the client to protect his professional career, avoid a lengthy prison sentence and avoid any registration as a sex offender. We never, never give up.

Truth in Sentencing: Receiving Credit for Time Served Outside of Jail-EHM v. Pretrial Services

When an individual is charged with a crime and awaiting trial, they are subject to pretrial detention. While most people perceive the notion of pretrial detention as being in custody at the county jail, there are other forms of pretrial detention that don’t require an individual to necessarily be incarcerated.

While someone is in custody in jail awaiting disposition of their case, they receive credit for time served in jail for any sentence of prison time imposed by a plea of guilty or finding of guilty. (Ex. A person who serves one year in jail would have that time subtracted from a prison sentence of 2 years thus leaving 1 year).  The calculation should be made from the day of the individual’s arrest to the day of the disposition of their case.  All individuals in custody of Cook County Jail are eligible for time served credit with a few exceptions ranging from committing a crime while in custody to receiving a natural life sentence.

However, time served can be extended to another form of pretrial detention outside of Cook County Jail. Another form of pretrial detention where an individual could receive credit for time served is known as EHM (Electronic Home Monitoring).  EHM is sometimes known to the general public as “House Arrest” or “Home Confinement.” This form of pretrial detention requires an individual to wear an ankle bracelet that monitors their movements.  Typically, the individual is confined to their home for the duration of their case. In some instances, the individual is allowed movement outside of the home for limited purposes including going to work, church, doctor’s appointments, ect. This form of pretrial detention is typically governed under the control of the Sheriff’s Department.  Being under the supervision of the Sheriff’s Department considers the individual to be “in custody” for the purposes of time served.

This form for pretrial detention should not be confused with GPS monitoring through pretrial services. GPS monitoring requires an individual to wear a GPS monitor on their ankle.  The purpose of the GPS monitor allows pretrial to monitor the individual’s movements.  A GPS is typically fitted to keep an individual away from a specific person or place that is the subject of the charged offense.  The individual however would not be eligible for time served in this situation.  Since the GPS monitor is governed by pretrial services, a person is not considered to be “in custody” for these purposes.  Since an individual on a GPS is free from any actual detention and their freedom is not “restricted” under the supervision of pretrial services, they are not considered in custody for the purposes of time served.

However, it should be noted that being on EHM does not necessarily guarantee an individual will receive credit for time served. There are exceptions that disqualify an individual from receiving credit for time served on EHM.  The main exception to the specific offense the individual is on EHM for.  If an offense falls under 730 ILCS 5/5-5-3, then the offense would not qualify for time served credit under EHM.  For example, a person on EHM for a pending charge of Criminal Sexual Assault would NOT be eligible for sentencing credit due to the nature of the offense enumerated under 730 ILCS 5/5-5-3.

When someone is on EHM while awaiting trial, they should consult with their experienced criminal defense attorney regarding the issue of time served. This is an important aspect that should be analyzed when evaluating the issue of time served when an individual is considering entering a plea of guilty or evaluating the amount of time a person is facing if they lose at trial.  This analysis is critical when determining the course of action to take in that individual’s case and should be conducted in a meticulous and detailed manner.

Truth in Sentencing: Ways to Reduce Prison Sentences

When an individual has been either convicted of a crime or pleads guilty to a crime and receives a sentence of prison time, the sentence imposed does not necessarily mean that the individual will do the entirety of the imposed sentence. When someone is sentenced to a term of imprisonment, that individual may have options and opportunities to have their sentence reduced while in IDOC (Illinois Department of Corrections).

There are three typical methods than an individual can receive sentencing credit to ultimately have their sentences reduced while serving time in IDOC. The three ways inmates can receive additional sentencing credit at IDOC is through statutory sentencing credit, program sentence credit and supplemental sentence credit.  The opportunities for credit are as follows:

Statutory Sentencing Credit: Statutory sentencing credit is credit that is awarded for most types of offenses pursuant to Illinois sentencing Statute.  For example, some felony offenses offer day for day credit which basically means a person will serve only 50% of their sentence if they do not have any behavioral or disciplinary issues while incarcerated in IDOC.  Other sentences require an individual to serve 75%, 85% or even 100% of their sentence based on good behavior.

Program Sentencing Credit: Program sentencing credit is credit an individual can accrue while serving time in IDOC.  Specifically, an individual can obtain additional credit towards their sentence by participating in classes and programs offered by IDOC.  These classes can range from cooking classes, GED classes to trade classes.  There are also eligibility requirements to qualify for receiving additional sentencing credit from these classes which are classified into three levels:

  • Certain offenders are eligible to have 0.5 days of credit per day of classes taken (Ex. 30 days of class =15 days of sentencing credit).
  • Other offenders can be eligible for 0.25 days of credit if they don’t meet the requirements of the 0.5 days of credit (Ex. 28 days of class = 7 days of sentencing credit).
  • Then certain offenders are ineligible to receive credit for participating in classes but are usually not prohibited from taking the classes.

Eligibility criteria is usually based upon the individual’s disciplinary history and the nature of the offense for which they were either convicted of or plead guilty to. If the individual has a history of disciplinary issues, then they may be disqualified from receiving sentencing credit.  If an individual has been convicted of a specific offense, for example first degree murder, then they would not be eligible for any program credit.

Supplemental Sentence Credit: Supplemental Sentence Credit is sentencing credit that an individual could receive at the end of their sentence.  This credit is not mandatory and it is at the discretion of IDOC to award this credit to an offender.  An individual could be eligible for either 90 days or 180 days off their sentence.  The amount of days awarded are based upon the nature of the offense the individual is serving time for.  For example, a sentence for Aggravated Criminal Sexual Assault only allows an individual a possible 90 days credit at the end of their sentence due to the nature of the offense.  While most offenses are eligible for the supplemental sentence credit, certain offenses may not be eligible such as convictions for first degree murder and domestic terrorism.  An offender must have at least served a minimum time of 60 days or as close to 60 days the sentence would allow to be eligible for the credit.

When an individual is imprisoned in IDOC, they should make every attempt to utilize all the opportunities available to reduce their prison sentence. This also gives the individual not only the opportunity for an early release to get back to their loved ones sooner, but it also allows the opportunity for an individual to better themselves in prison.  It gives them the opportunity to learn new skills and trades that could be beneficial when re-entering society after release.  After the individual is assigned to a prison in IDOC, they should immediately consult with their assigned counselor to determine their eligibility and opportunities for additional sentencing credit.

Representation of a Wide Multitude of Criminal Charges as of 11/10/16

Wigell Criminal Defense prides itself on its Holistic Winning Defense Strategies. The firm has represented many clients in a wide variety of criminal charges in the State of Illinois.  No matter how serious the charges may be, Wigell Criminal Defense takes each and every case seriously.  We Win Criminal Defense Cases Other Lawyers Said Were Impossible.  Wigell Criminal Defense (as of 11/10/16) represented clients charged in the State of Illinois of the following crimes/charges:

  1. Violent Crimes
  2. Drug Crimes
  3. Sex Crimes
  4. Weapons Crimes
  5. Property Crimes
  6. White Collar Crimes
  7. Other Crimes
  1. Violent Crimes

First Degree Murder (720 Illinois Criminal Statute 5/9-1)

Attempted Murder (720 Illinois Criminal Statute 5/8-4(a))

Home Invasion (720 Illinois Criminal Statute 5/19-6)

Armed Robbery (720 Illinois Criminal Statute 5/18-2)

Aggravated Robbery (720 Illinois Criminal Statute 5/18-1(b))

Aggravated Kidnapping (720 Illinois Criminal Statute 5/10-2)

Aggravated Battery (720 Illinois Criminal Statute 5/12-3.05)

Aggravated Battery of a Child (720 Illinois Criminal Statute 5/12-4.3)

Vehicular Invasion (720 Illinois Criminal Statute 5/18-6(a))

Battery (720 Illinois Criminal Statute 5/12-3)

Aggravated Domestic Battery (720 Illinois Criminal Statute 5/12-3.3)

Aggravated Assault (720 Illinois Criminal Statute 5/12-2)

Unlawful Restraint (720 Illinois Criminal Statute 5/10-3)

2. Drug Crimes

Methamphetamine Conspiracy (720 Illinois Criminal Statute 646/65(a))

Unlawful Procurement of Methamphetamine Precursor <15 grams (720 Illinois Criminal Statute 646/20(a)(1))

Manufacturing and Delivery of Cannabis 30-500 grams (720 Illinois Criminal Statute 550/5)

Unlawful Delivery of a Controlled Substance (720 Illinois Criminal Statute 570/401)

Manufacturing and Delivery of a Controlled Substance (720 Illinois Criminal Statute 570/401(a))

Manufacturing and Delivery of Ecstacy 15>100 grams (720 Illinois Criminal Statute 570/401(a)(7.5)(A)(i))

Unlawful Possession of a Controlled Substance (720 Illinois Criminal Statute 570/1)

Manufacture and Delivery of Cocaine 400-900 Grams (720 Illinois Criminal Statute 570/401(a)(2))C))

Possession of Cocaine 400-900 Grams (720 Illinois Criminal Statute 570/402(a)(2)(C))

DUI (625 Illinois Criminal Statute 5/11-501(A))

Aggravated DUI (625 Illinois Criminal Statute 5/11-501(D))

3. Sex Crimes

Aggravated Criminal Sexual Assault (720 Illinois Criminal Statute 5/12-14)

Attempt Aggravated Criminal Sexual Assault (720 Illinois Criminal Statute 5/8-4(11-1.30 (a)(1))

Aggravated Criminal Sexual Abuse (720 Illinois Criminal Statute 5/12-16)

Attempt Aggravated Criminal Sexual Abuse of a Family Member under 18 (720 Illinois Criminal Statute 5/11-1.60 (b))

Criminal Sexual Assault (720 Illinois Criminal Statute 5/11-1.20)

Predatory Criminal Sexual Assault (720 Illinois Criminal Statute 5/12-14.1)

Sexual Exploitation of a Child (720 Illinois Criminal Statute 5/11-9.1)

Possession of Child Pornography (720 Illinois Criminal Statute 5/11-20.1)

Aggravated Possession of Child Pornography (720 Illinois Criminal Statute 5/11-20.1)

Distribution of Child Pornography (720 Illinois Criminal Statute 5/11-20.1)

Public Indecency (720 Illinois Criminal Statute 5/11-9)

Indecent Solicitation of a Child (720 Illinois Criminal Statute 5/11-6(a))

Grooming (720 Illinois Criminal Statute 5/11-25)

Solicitation to Meet a Child (720 Illinois Criminal Statute 5/11-6.6(a))

Sex Trafficking (720 Illinois Criminal Statute 5/10-9)

4. Weapons Crimes

Armed Habitual Criminal (720 Illinois Criminal Statute 5/24-1.7)

Armed Violence (720 Illinois Criminal Statute 5/33A-2(a))

Unlawful Use of a Weapon (720 Illinois Criminal Statute 5/24-1)

Aggravated Unlawful Use of a Weapon (720 Illinois Criminal Statute 5/24-1.6)

Aggravated Unlawful Use of a Weapon by a Gang Member (720 Illinois Criminal Statute 5/24-1.8)

Unlawful Use or Possession of a Weapon by a Felon (720 Illinois Criminal Statute 5/24-1.1)

Aggravated Discharge of a Firearm (720 Illinois Criminal Statute 24/1.2(a)(2))

Defacing the Identification Marks of a Firearm (720 Illinois Criminal Statute 5/24-5(b))

5. Property Crimes

Burglary (720 Illinois Criminal Statute 5/19-1)

Residential Burglary (720 Illinois Criminal Statute 5/19-3)

Retail Theft (720 Illinois Criminal Statute 5/16-25)

Leaving the Scene of an Accident (625 Illinois Criminal Statute 5/11-401(b))

Felony Driving on a Suspended/Revoked License (625 Illinois Criminal Statute 5/6-303(a)/(d))

Obstruction of Justice (720 Illinois Criminal Statute 5/31-4)

6. White Collar Crimes

Theft (720 Illinois Criminal Statute 5/16-1)

Theft by Deception (720 Illinois Criminal Statute 5/16-1(a)(2)(A))

7. Other

Obscenity (720 Illinois Criminal Statute 5/11-20)

Violation of Probation (730 Illinois Criminal Statute 5/5-6-4)

Violation of Bail Bond (720 Illinois Criminal Statute 5/32-10)

Direct Criminal Contempt

 

As of 11/10/16

Wigell Criminal Defense-Representing Clients throughout the State of Illinois as of 11/10/16

Wigell Criminal Defense strives to deliver top quality representation to all of its clients. Since 1975, the firm has developed and successfully executed Holistic Winning Defense Strategies.  Our firm has developed an excellent reputation throughout the State of Illinois.  Our firm has represented clients in 36+ of the 103 counties in Illinois.  A list of current case locations is at the end of this post.

Representing clients in different counties can be a challenging task to an attorney who does not regularly engage in practice outside of their home county. Each county court operates differently as they each have their distinct customs and terminology for certain court procedures.  Judges and State’s Attorneys in different counties have varying types of idiosyncrasies which can be challenging to work with.

At Wigell Criminal Defense, having the opportunity to serve our clients in multiple counties throughout Illinois has given us the opportunity to learn and assimilate to these different cultures. We also have learned how to positively interact with Judges and State’s Attorneys throughout these counties to better serve our clients.

Another benefit to serving clients in multiple counties throughout Illinois is the experience that our attorneys bring to each and every case. Many local attorneys in the smaller outlying counties do not have the level of experience of handling complex felony cases.  Many of the local attorneys do not handle complex felony cases on a regular basis as the volume of these types of cases is typically lower in smaller counties.  Wigell Criminal Defense has handled all types of complex felony cases on multiple occasions throughout its 40+ years of practice. The firm has developed the skills and knowledge necessary to protect the rights of it’s clients.

Wigell Criminal Defense provides top quality representation to all of its clients throughout the State of Illinois. Our team approach continues to employ holistic winning strategies to obtain extraordinary results in complex and difficult cases that other lawyers said were impossible to win.

  • Cook County-Chicago (1st Municipal District)
    • 26th and California
    • 555 West Harrison
    • Richard J. Daley Center
  • Cook County-Suburban Districts
      • Additionally, Cook County has 5 suburban districts (outside of Chicago), which handle criminal cases in the suburbs encompassed within the specified district.
    • Skokie
      • 2nd Municipal District
    • Maywood
      • 4th Municipal District
    • Bridgeview
      • 5th Municipal District
    • Markham
      • 6th Municipal District
  • Will County, City of Joliet
  • Du Page County, City of Wheaton
  • Kane County, City of St. Charles
  • Iroquois County, City of Watseka
  • Ogle County, City of Oregon
  • Dewitt County, City of Clinton
  • Cumberland County, City of Toledo

Additionally, our practice also serves clients in Federal Courts within and outside The State of Illinois. Wigell Criminal Defense is currently representing clients nationally and internationally in the following Federal Jurisdictions and International Jurisdictions:

  • The Northern District of Illinois
    • Chicago
    • Rockford

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  • Davenport, Iowa, U.S.A. (District Court of Iowa, Eastern Division)
  • Los Angeles, California, U.S.A. (District Court of California, Central Division)
  • Las Vegas, Nevada, U.S.A.
  • Charlotte, North Carolina, U.S.A.

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  • Istanbul, Turkey
  • London, U.K.

Attempted Murder-Class X Felony (6-30 Years IDOC); Leaving the Scene of an Accident—Class 2 Felony (3-7 Years IDOC); Aggravated Battery-Class 3 Felony (2-5 Years IDOC); Result: Attempted Murder-NOT GUILTY AT TRIAL, Leaving the Scene of an Accident-NOT GUILTY AT TRIAL, Aggravated Battery-3 YEARS PROBATION-NO PRISON SENTENCE

While driving home from work, our female client got into a roadway confrontation with multiple members of a motorcycle gang during an annual motorcycle ride tribute to honor the fallen members of their gang. Our client was accused of attempting to run over two of those members with her car on the expressway.  She was further accused of hitting the bikers with her car which resulted in both members falling off their motorcycle as well as leaving the scene of an accident resulting in bodily injuries to the bikers.  Our client was then subsequently arrested and charged with Attempted Murder, Aggravated Battery and Leaving the Scene of an Accident.

  • Attempted Murder is a Class X Felony Punishable from 6-30 years in the penitentiary.
    • This offense is not probationable and an offender must serve 85% of their sentence before being eligible for Mandatory Supervised Release (Formerly known as parole).
  • Leaving the Scene of an Accident Resulting in Bodily Injury is a Class 2 Felony punishable from 3-7 years in the penitentiary
    • This offense is probationable and an offender must serve 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly known as parole).
  • Aggravated Battery is a Class 3 Felony punishable from 2-5 years in the penitentiary.
    • This offense is probationable and an offender must serve 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly known as parole).

Realizing the seriousness of the charges and the complexity of the case, client hired Wigell Criminal Defense to represent her. After conducting a detailed analysis of the discovery and the charges, and consulting with the client on numerous occasions at Cook County jail, the attorneys and staff at Wigell Criminal Defense determined that the case was postured to be taken to trial.

The attorneys and staff spent countless hours meticulously preparing for trial. This meticulous preparation also included multiple sessions of preparing the client to testify in her defense.  After a detailed analysis of the facts and law of the case and multiple consultations with the client, it was determined that the case should proceed to a bench trial.  A bench trial is a trial that is conducted before the Judge presiding over the case.  The Judge listens to the evidence and arguments and then decides whether the defendant is guilty or not guilty.

During trial, effective cross examination revealed multiple weaknesses in the State’s witnesses accounts of what occurred. The cross examination revealed inconsistencies in the witnesses’ testimony from previous statements to police.  Further cross examination produced inferences and facts that cast doubt on the client’s guilt of the charges.

The client also testified in her own defense as to what occurred that day. She testified to the events that she was driving home from work and accidently came upon the Motorcycle Gang’s Annual Motorcycle Tribute run.  She testified that the Motorcycle gang became angry and attacked her as she was driving.

After listening to the arguments and evidence, the Judge found our client NOT GUILTY of Attempted Murder and NOT GUILTY of Leaving the Scene of an Accident. His reasoning was the evidence presented by the State did not show that the client had the requisite specific intent to commit the attempted murder upon the bikers.  The Judge’s reasoning also indicated that the evidence revealed that the client did not leave the scene of the accident because the accident was ongoing and the client went to the police station afterwards.  However, the Judge found the client guilty of the aggravated battery charges as he believed the client was not acting in self-defense.

The case later proceeded to a sentencing hearing to determine the client’s punishment. The prosecution put on three members of the motorcycle gang who read victim impact statements to the court as to how their lives were adversely impacted by the incident.  The prosecution also stressed upon the serious nature of the offense and the sentencing parameters of the charge.

The attorneys at Wigell Criminal Defense in response presented various mitigating factors of the client’s background including her lack of criminal history, her educational successes, her stable employment history and fulfilling family life. The attorneys at Wigell Criminal Defense also articulated other facts related to sentencing and the circumstances surrounding the case that called for a reasonable sentence.  After listening to all the factors in sentencing, the Judge sentenced the client to 3 years’ probation on the aggravated battery counts.  She did not go to prison.

The client was beyond grateful for all of the hard work and dedication of the attorneys at Wigell Criminal Defense which lead to this extraordinary result. The client was saved from the potential lengthy prison sentence that the attempted murder charge carried.  The client was subsequently released and reunited with her family after spending over 2 years in Cook County Jail.

Ratings and Reviews

The National Trial Lawyers
10.0Raymond George Wigell