RECENT VICTORY: UUW Conviction Vacated 4 Years Later
By: James G. Dimeas | Jan 18, 2015 | Recent Victories |
In 2010, my client plead guilty to a Misdemeanor UUW Charge at the Bridgeview Courthouse in Cook County. My client was originally charged with a Felony UUW after the police found a loaded gun in his vehicle. My client was a security guard and had a valid FOID card at the time of the arrest. In 2010 I was able to convince the prosecutor to reduce the felony to a misdemeanor and the client plead guilty to the Misdemeanor UUW. Recently I went back to court and filed a Motion to Vacate the conviction based on the Illinois Supreme Court case of People v. Aguilar in which the felony UUW statute was declared unconstitutional. The Aguilar decision dealt with the Class 4 Felony part of the statute but our client had plead guilty to a Misdemeanor. The state objected to our motion because the conviction was not for the exact part of the UUW statute that was declared unconstitutional by the Illinois Supreme Court in Aguilar. After extensive legal briefs and oral arguments the court granted our motion and vacated the Misdemeanor UUW conviction. As a result our client no longer has a criminal record.