Class X Aggravated UUW Reduced to Class 4
By: James G. Dimeas | Jan 30, 2015 | Recent Victories |
A Chicago Police car was flagged down by a citizen and told that a vehicle that looked like an unmarked police vehicle attempted to pull over another vehicle in traffic. The officer drove around the area of the sighting and noticed the vehicle that matched the description in traffic. He lost sight of the vehicle for a small period of time but eventually located it. He curbed the vehicle and called for additional units. After additional units arrived, they made my client exit his vehicle. When he exited the vehicle, they noticed that he had on him a full duty nylon belt, a holster containing a loaded Beretta handgun with 15 live hollow point rounds, 2 fully loaded jackets each containing 15 hollow point rounds, a radio pouch, 2 handcuff cases, a radio pouch, collapsible baton, a level 3 retention holster, a bullet proof vest with a 5 point star A.S.S. Tactical and name designation, and 2 empty 15 round magazines. The police placed my client under arrest. They looked inside the vehicle, a black 1999 Ford Crown Victoria, and found a Bushnell Radar Gun, working police siren and air horn, a police mounted radio, a mounted computer, and a mounted empty rifle/shotgun rack. My client gave the police a P.E.R.C. (TAN) card and identification indicating that he was an armed security guard. He also gave the police an FOID card which had expired about 9 months earlier. Since my client did not have a valid FOID card, this made his P.E.R.C. (TAN) card invalid and he was charged with an Aggravated UUW. One of the counts was a Class X felony carrying a minimum of 6 years and a maximum of 30 years in prison without the possibility of probation. The Class X felony was because of the bullet proof vest which made the UUW a Class X felony. The state was unwilling to reduce the Class X and we had to file several motions and heavily litigated the case to try to find a way to avoid having a Class X felony apply to my client's case. At the same time I obtained mitigation material and embarked on an aggressive attempt to get the state to reduce the charges. Making our case even more difficult was that I had taken over the case from another attorney who had done very little work on the case and was trying to get the client to accept an offer of 9 years in prison with very little effort to try to obtain a better result and offer. At the end of the day my efforts were successful and I was able to convince the state to reduce the Class X felony to a Class 4 and my client accepted an offer of 3 years in prison. This is very difficult to do in Cook County with all the negative publicity surrounding the high incidents of gun violence in Chicago. My client was grateful that he could be out of prison in as little as 18 months and not the 6 to 30 years that he had been facing all this time. Not to mention the 9 years that his old attorney was trying to get him to accept.