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

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 […]

Chicago Criminal Defense Attorney Michael J. Petro Successfully Suppresses Evidence

On November 21, 2015, Chicago criminal defense attorney Michael J. Petro successfully suppressed the admission of a gun in a Chicago courtroom.  Mr. Petro presented one witness and cross examined a ten year veteran Chicago Police Officer.  Mr. Petro expects this will lead to the dismissal of all eight criminal charges by the Cook County State’s […]

Michael J. Petro argues in the 7th Circuit Court of Appeals on November 17, 2015

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 […]

How to make the Federal Speedy Trial Clock Start Ticking

U.S. v. Richarson, No. 14-1901 In this case, due to a federal detainer the defendant was indicted on a felony charge of being in possession of both firearms and illegal possession of a submachine gun following receiving time served on state charges. United States v. Richardson, 780 F.3d 812, 814 (2015). The defendant motioned to […]

18 USC 1001: False Statements Must Be Material to the Federal Government

William Patrick Clark’s trucking business was hired to perform hauling services on a state-and federally funded highway project in Missouri. Because federal funds were in play, Clark’s contract with the project’s general contractor required that he pay his truck drivers the federal prevailing wage pursuant to the Davis-Bacon Act (which, at the time, was $35.45/hour). […]

Medical Marijuana in Illinois: Qualifying Conditions

The following  have been approved as qualifying conditions under Illinois’ Medical Marijuana Law: Alzheimer’s disease Amyotrophic Lateral Sclerosis (ALS) Arnold Chiari malformation Cachexia/wasting syndrome Cancer Causalgia Chronic Inflammatory Demyelinating Polyneuropathy Complex regional pain syndrome type 2 Crohn’s Disease Dystonia Fibromyalgia Fibrous dysplasia Glaucoma Hepatitis C HIV/AIDS Hydrocephalus Hydromyelia Interstitial Cystitis Lupus Multiple Sclerosis Muscular Dystrophy […]

Entrapment: Presence of Several Inducement Plus Factors Leads to REVERSAL

US v. James Barta.  No. 13-3208. Defendant James Barta has appealed his conviction for conspiracy to commit bribery. He was charged and convicted based on an undercover government sting operation that evolved into an agreement among Barta and his co-defendants to bribe a fictional county official in California to obtain a government contract. We reverse […]

Drug Conspiracy: Buyer/Seller Arrangement Alone is NOT Enough

US v. Herberto Pulgar,  No. 14-3503 . Drug-distribution conspiracies hold a unique position in our legal sufficiency jurisprudence. In these special cases, we will overturn a conviction when the plausibility of a mere buyer-seller arrangement is the same as the plausibility of a drug-distribution conspiracy. See United States v. Johnson, 592 F.3d 749, 755 (7th Cir. […]

Nicolas Gomez Gets His Federal Sentence Reduced!

Chicago Federal Criminal Defense Attorney Michael J. Petro filed a Motion in Chicago on behalf of Nicolas Gomez to Reduce his Federal Sentence.  On April 23, 2015, Federal District Court Judge Gary Feinerman reduced Nicolas Gomez’s sentence from 84 months to 67 months.  Congratulations Nicolas! By:  Chicago Federal Criminal Defense Attorney Michael J. Petro

The 7th Circuit Is Not Happy With a Prison Sentence For Marijuana Use

U.S. v. Jesse Smith. No. 14-2223. In 2009 the defendant was sentenced to 24 months in prison, to be followed by 3 years of supervised release, for being a felon in possession of a gun. In October 2013 and in April 2014 his probation officer advised the district court that the defendant had again violated […]