10 YEARS OF SUCCESS IN CRIMINAL COURT
Driver's License Suspension Ended Before it Even Starts
Attorney Matt Hoffman's client got a letter from the Secretary of State informing her that her driver’s license was going to be suspended in five days. What was worse is that she needed to drive to both work and school, and the suspension was going to last an entire year.
At first, she did not know why this was happening. Then she learned it was because recently she was convicted of another moving violation. Instead of going to court on the ticket, she had just pled guilty and paid the fine by mail.
Matt took on her case and immediately went to court. He was able to undo the recent conviction. He notified the Secretary of State of this fact so quickly that his client’s license suspension never even went into effect.
Not Guilty Verdict Where Client Failed Field Sobriety Tests
Attorney Matt Hoffman's client was turning into a residential neighborhood late at night. The police stopped her car for failing to signal and driving exceedingly slowly.
The officer said her breath smelled of alcohol, she had glassy and bloodshot eyes, and she was so intoxicated she had difficulty talking. Matt's client told the officer she was drinking earlier that night.
She took and failed five field sobriety tests. The officer arrested her and charged her with DUI. When she came to this office, she insisted she was innocent. Matt took her case to trial.
During his pretrial investigation, Matt learned the video camera in the officer’s squad car didn’t work. He also discovered that other police arrived at the scene, but none of them bothered to video tape the field sobriety tests.
Matt's cross-examination of the arresting officer revealed that he did not conduct the field sobriety tests properly. This called into question the results of the tests themselves. Matt's client’s friend, who picked her up at the police station, testified she was completely sober and had no alcohol on her breath. Matt's client was found not guilty. She never even had to testify.
Residential Burglary Charges: No Probation, No Felony, No Jail
Attorney Matt Hoffman's client was charged with residential burglary and burglary. The police said he broke into four homes and two garages over a two week period and stole property worth thousands of dollars. He was facing serious prison time. Matt took on his cases and resolved all of them with no felony conviction, no probation, and not a single day in jail.
Defense Investigation Weakens State's Armed Robbery Case
Attorney Matt Hoffman's client was charged with armed robbery with a firearm. He was facing a mandatory sentence of between 6 and 30 years in prison. The police said he walked into a pizza parlor, held three employees at gunpoint, and cleared out the cash register.
Two witnesses came forward and identified Matt's client in photo line ups. The State also turned over a video tape from the restaurant’s surveillance camera. The State claimed the tape actually showed Matt's client committing the robbery.
When the police caught up with him, they said Matt's client refused to exit his home. A S.W.A.T. team responded, shot tear gas into his apartment, and captured him after a four hour standoff.
During his investigation, Matt learned the State’s two star witnesses had lied about one of their identities. He obtained a number of old police reports to prove this and gave his findings to the State. He raised enough doubt about the entire prosecution that all robbery charges were dropped. Instead of having to serve a long-term prison sentence, Matt's client regained his freedom in just a few short months.
Probable Cause Attacked at Felony Narcotics Preliminary Hearing
Attorney Matt Hoffman's client had just walked out of a corner tavern in a neighborhood known for drug activity. Before leaving the area, he stopped for a cigarette.
An undercover police officer came out of nowhere and approached him. Claiming Matt's client reached into his sweatshirt pocket, the officer said he thought the client may have been armed. The officer then patted down Matt's client.
During the pat down, the officer found five packages of heroin. The officer arrested Matt's client and charged him with a serious felony. Because the client had prior narcotics convictions, he was facing prison time.
Matt took on his case and immediately challenged the legality of the search. He argued that since the officer did not see his client breaking any law, the search violated his rights. The court agreed with Matt and the case was dismissed.
Felony Gun Charge Dismissed
Attorney Matt Hoffman's client went to a nightclub with a friend. While there, a fight broke out. Several people said they saw Matt's client produce a handgun and waive it at the crowd. The police showed up and found the client and his friend trying to leave.
The police arrested them and searched their vehicle. The gun was found in the back of the car but Matt's client was sitting in front. He was charged with felony possession of a loaded handgun. Since he was not a U.S. citizen and was here on a work visa, a conviction for this offense likely would have kicked him out of the country. Matt took on his case. The charges were dismissed.
Waukegan Retail Theft Attorney, Former Lake County Prosecutor
If you are charged with a criminal, traffic or DUI offense, contact this office toll free at (877) 360-1880 for a free initial office consultation to discuss your case.
In Illinois, the charge of retail theft is a class A misdemeanor. This means that it is a criminal offense that is punishable by up to 364 days in jail and up to a $2,500.00 fine. For persons charged with retail theft involving smaller monetary values of merchandise, dispositions of court supervision may be available. Court supervision provides the opportunity to avoid a conviction for the offense. The law clearly states that the retail theft of property, the full value of which does not exceed $150.00 is a class A misdemeanor. The law also states that the retail theft of property, the full value of which exceeds $150.00 is a class 3 felony. Law enforcement frequently exercises its discretion, however, to charge persons who have allegedly stolen property valued in excess of $150.00 with the misdemeanor version of the offense. This typically occurs where the suspect lacks a substantial criminal history or cooperated with the authorities during the investigation. In yet another factual scenario, a person may be charged with retail theft enhanced, a class 4 felony, if the property at issue is valued at less than $150.00, but the person has a prior conviction for retail theft in their past. Store employees may be charged with retail theft for “under-ringing” merchandise. The use of a theft detection shielding device might also lead to a charge of retail theft. Indeed, there is a presumption in Illinois law that operates in retail theft cases that states if a person conceals upon his or her person or among his or her belongings unpurchased merchandise displayed, held, stored or offered for sale and removes that merchandise beyond the last known station for receiving payments for that merchandise, such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise. Waukegan criminal defense attorney Matt Hoffman has handled retail theft charges of all levels and complexity and as both a prosecutor and defense attorney for almost ten years. If you are charged with retail theft in Lake County, Illinois circuit court in the 19th Judicial Circuit and are seeking legal counsel, he would be happy to hear from you and offers a free consultation on every case. Copyright © 2007-2009, All rights reserved, Matthew T. Hoffman P.C.
