Criminal Defense Attorney in U.S. Federal & Florida and Illinois Courts

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Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications

People of the State of Illinois v. Eduardo Lerma, No. 118496. Editor’s Note –  This is an Illinois Supreme Court Opinion. The issue is whether, in light of the specific facts and circumstances of this case, the circuit court of Cook County abused its discretion when it denied defendant’s motion to allow expert testimony concerning […]

Eyewitness Identification – Landmark Decision Identifies Fallibility of Eyewitness Identifications

People of the State of Illinois v. Eduardo Lerma, No. 118496.    Editor’s Note –  This is an Illinois Supreme Court Opinion.  The issue is whether, in light of the specific facts and circumstances of this case, the circuit court of Cook County abused its discretion when it denied defendant’s motion to allow expert testimony concerning […]

Requirements for Stash House Enhancement

(Editors Note:  Chicago Federal Criminal Defense Attorney Michael J. Petro represented Mr. Sanchez in the District Court and in the 7th Circuit Court of Appeals.) Acasio Sanchez pleaded guilty to conspiring to possess with intent to distribute and to distribute heroin and cocaine, 21 U.S.C. §§ 846, 841(a)(1), and was sentenced below the guidelines range to […]

USSG 2D1.(b)(12) Stash House Enhancement – Boilerplate Rules

US v. Acasio Sanchez.  No. 15-1356 Acasio Sanchez pleaded guilty to conspiring to possess with intent to distribute and to distribute heroin and cocaine, 21 U.S.C. §§ 846, 841(a)(1), and was sentenced below the guidelines range to 40 months’ imprisonment. Sanchez argues that the district court erred by applying a two-level enhancement for “maintain[ing] a […]

Search Warrants and the Probable Cause Determination – Boilerplate Rules

US v. Roger Aleshire, No. 15-1192. After a sleepover at the house of Roger Aleshire, a nine-year-old girl reported to her mother having a “dream” that Aleshire had pulled down her pajama bottoms and photographed her “privates”. Her mother called the police.  A state judge issued a search warrant. After executing that warrant the police […]

Search Warrants and the Probable Cause determination – Boilerplate Rules

US v. Roger Aleshire, No. 15-1192.  After a sleepover at the house of Roger Aleshire, a nine-year-old girl reported to her mother having a “dream” that Aleshire had pulled down her pajama bottoms and photographed her “privates”. Her mother called the police.  A state judge issued a search warrant. After executing that warrant the police […]

U.S.S.G. Section 3C1.1 Obstruction of Justice – 7th Circuit Brief Filed

PRESS RELEASE (Chicago).  On December 9, 2015 Chicago Federal Defense Attorney Michael J. Petro filed a brief in the 7th Circuit Court of Appeals on behalf of his client Charles Thomas. US v. Charles Thomas, 15-1142.  In sum, Mr. Thomas states that the district court erred in applying the United States Sentencing Guidelines Section 3C1.1 […]

Chicago Police Officer’s Firing Leads to NOT GUILTY

PRESS RELEASE (Chicago).  On December 4, 2015, Chicago Criminal Defense Attorney Michael J. Petro won a trial in a Bridgeview court room.  Before trial, the Cook County State’s Attorneys’ Office was forced to admit that a key Chicago Police Officer witness was fired because the officer was convicted of a crime!  Despite this incredible change of […]

Illegal Traffic Stop by CPD Leads to Dismissal of Charges

PRESS RELEASE (Chicago).  On December 15, 2015,  Chicago Criminal Defense Attorney Michael J. Petro won a Fourth Amendment Motion to Suppress Evidence in a Chicago courtroom.  At the hearing, Mr. Petro proved that the Chicago Police illegally stopped and search his clients vehicle.   At the hearing, a passenger in the vehicle testified that there was no reason to stop and […]

Michael J. Petro Argues in Seventh Circuit Court of Appeals

PRESS RELEASE (Chicago) – On November 18, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro will argue in the 7th Circuit Court of Appeals.  US v. Acasio Sanchez, 15-1356.  In his brief, Mr. Petro argues that the district court improperly sentenced Mr. Sanchez by applying the “stash house” enhancement in the United States Sentencing Guidelines.  This error […]