2006 Misdemeanor Unlawful Use of Weapon Conviction Vacated
By: James G. Dimeas | Sep 26, 2015 | Recent Victories |
On September 11, 2015, the attorneys, James G. Dimeas and John D. Ioakimidis, were successful in vacating a conviction for a Misdemeanor Unlawful Use of Weapon (UUW) conviction from 2006 at the Skokie Courthouse in the Circuit Court of Cook County.
On August 27, 2005, our client was pulled over by the Chicago Police for a traffic violation. After the officer made contact with our client he suspected that our client had been driving under the influence of alcohol and requested that he exit his vehicle. After our client exited his vehicle the police officer observed a gun on the passenger side of the vehicle and placed our client under arrest. The officer recovered a loaded nickel finished .44 Magnum revolver from the passenger seat of the vehicle. our client was arrested and charged with Driving Under the Influence of Alcohol (DUI) and a Class 4 Felony of Aggravated Unlawful Use of Weapon (AggUUW).
On August 22, 2006 our client plead guilty to Misdemeanor Aggravated Unlawful Use of Weapon (UUW) and was sentenced to one year of Misdemeanor Probation and 126 hours of Community Service. The state agreed to reduce the charge from a felony to a misdemeanor because our client had a valid Firearm Owners Identification (FOID) Card. Our client still has a valid FOID card.
On May 6, 2015, attorneys James G. Dimeas and John D. Ioakimidis of Legal Defenders, P.C., filed a Motion to Vacate the guilty plea and to ask the court to throw out their client’s conviction. In the past few years, numerous State and Federal courts have issued decisions in court cases that have opened the doors to the courthouse for people who have convictions for gun cases on their record to have their cases reopened and have their convictions thrown out. In 2012 the Seventh Circuit Federal Court ruled that the Illinois gun law, which made it illegal to possess a gun outside the home, was unconstitutional. About a year later the Illinois Supreme Court agreed with the Seventh Circuit Court of Appeals and also ruled that the Class 4 Illinois UUW statute was unconstitutional. But the courts did not address the constitutionality of the misdemeanor portion of the Illinois UUW statute. In February of this year, the Illinois Supreme Court released a decision which made it clear that the misdemeanor charge of UUW was also unconstitutional. Armed with these legal rulings, attorneys Dimeas and Ioakimidis sought to vacate their client’s 2006 Misdemeanor UUW conviction. The case was reopened, legal briefs were filed, the State fought their efforts but on September 11, 2015 the Court agreed with attorneys Dimeas and Ioakimidis and ordered that the guilty plea to the misdemeanor UUW charge on August 22, 2006 be thrown out.
Attorneys Dimeas and Ioakimidis have been challenging convictions under the Illinois UUW statute since the 7th Circuit Court of Appeals ruling in 2012. At first their efforts were greeted with scorn from Judges and Prosecutors. Yet, attorneys Dimeas and Ioakimidis continued filing motions and challenging convictions under a law that had been declared unconstitutional. In 2014 they were successful in having a misdemeanor UUW conviction from 2010 thrown at the Bridgeview Courthouse when the court ruled that the plea was defective because when the plea was taken, there was no factual basis to sustain a conviction. The arguments that attorneys Dimeas and Ioakimidis have have been making since 2012 have been proven to be correct and have now been adopted by the Courts. Attorneys Dimeas and Ioakimidis have been among the leading attorneys when it comes to challenging the Illinois gun laws and removing convictions from records.
It may be possible to have your UUW conviction thrown out and removed from your record. If you want to remove a UUW conviction from your record, give attorneys James G. Dimeas and John D. Ioakimidis a call. They can be reached at 312-229-5500, 312-593-1769, 312-593-1765 or toll free at 1-800-228-7295.