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

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 […]

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 […]

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 […]

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 […]

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. […]