Class X felony aggravated DUI. Six to thirty years prison. DUI dismissed without a trial.

Cook County DUI attorney Lewis Gainor represented a client charged with aggravated driving under the influence, a felony Illinois DUI charge. This client was a six-time DUI offender, and he was facing 6 - 30 years in the Illinois Department of Corrections.

The driver had been out with a friend in the far northern Chicago suburbs when they were pulled over in Waukegan. It was November 4, 2006. The Waukegan police officer smelled the odor of alcohol coming from the vehicle immediately and began a DUI investigation. The client was handcuffed and his car towed.

The Lake County State's Attorney sought a long prison sentence for the driver. At a minimum, the man was facing six years in the Illinois Department of Corrections, with a possibility of much more. Being a Class X felony (6 - 30 years), the DUI was nonprobationable. That is, the man wasn't even eligible for probation.

Lewis Gainor took over the case. He filed numerous motions in court before the trial, taking the State's Attorney to task on proving the charges beyond a reasonable doubt. He demanded full discovery of the prosecution's evidence.

As a result, the People of the State of Illinois filed a motion dismissing the felony DUI charges.


The client was able to plea to a lesser charge which was not felony DUI. It happened that the man had driven on a license revoked for DUI on twelve occasions. As a result, that charge itself was a nonprobationable Class 3 felony (2 - 5 years). Lewis Gainor helped the man receive a good deal on the charge of driving while license revoked.

Defense attorney shares a few tricks for sparring in the courtroom: Shaun Khojayan plans to market a system for selecting juries

Their clients aren't always sympathetic characters: accused immigration smugglers, defendants charged with drug violations or violent offenses or individuals accused of white collar crimes. In other words, people who need an unbiased practitioner.
"Our philosophy is that we represent people going against government; people that are underrepresented. We work real hard for them," Khojayan said.
"Federal prosecutors are competent, and most defense lawyers are not exactly geared towards fighting," he said. "Not everyone is cut out for trial--cut out to fight."

Attorney Profile - Lewis Gainor (Partner)

Criminal attorney Lewis Gainor has represented clients in matters as serious as murder, and as minor as speeding tickets.

Trial Experience:

*Reckless homicide jury trial experience
* Felony aggravated driving under *the influence (DUI) jury trial experience
*Class X felony (6 - 30 years IDOC) jury trial experience
*Featured in the Chicago Tribune, Lake County News-Sun, and Daily Herald

The Numbers:

*More than 30 jury trials
*More than 20 not guilty jury verdicts
*More than 50 bench trials or evidentiary hearings
*Two felony convictions thrown out after guilty verdict from jury (nonprobationable Class 2 *felony aggravated DUI and Class 4 felony criminal charge)

Education:

*J.D., University of Minnesota Law School, cum laude
*B.A., University of Missouri, Honors College

Personal:

*Attorney Lewis Gainor is married, and resides in Chicago.
*Contact Lewis Gainor by email at lewis.gainor@gmail.com
*Attorney Profile - Katie Gainor (Of Counsel)

Experience:

*Former Texas Assistant Attorney General
*Over 120 federal habeas corpus cases in United States District Courts
*Appeals before the United States Fifth Circuit Court of Appeals
State court appeals

Concentration:

*criminal appeals
*petitions for leave to appeal with the Illinois Supreme Court
*applications for post-conviction relief
*state applications for writ of habeas corpus
*federal petitions for writ of habeas corpus
*appeals from guilty pleas / not guilty pleas
*prison disciplinary proceedings
*parole and probation revocations

Specific cases:

*capital murder
*manslaughter
*criminally negligent homicide
*aggravated robbery with a deadly weapon
*aggravated assault with a deadly weapon
*manufacture and/or possession with intent to deliver of cocaine/methamphetamine
felony DUI / DWI
*money laundering and securing the execution of a document by deception

Education:

*J.D., University of Texas School of Law, with Honors
*B.A., University of Wisconsin, Madison, Phi Beta Kappa

Personal:

*Katie has lived abroad in Spain and Argentina
*Fluent in Spanish
source:
http://www.cookcountycriminallawyer.com/attorney-profile.html

The ExpertLaw Library

Accidents
Analysis, prevention, and reconstruction of accidents.
Bankruptcy
Business and consumer bankruptcy law and issues.
Business & Financial
Contracts, corporations, commercial lending, and business legal concerns.
Child Custody and Visitation
Establishing and enforcing child custody and visitation.
Computers
Computers and computer forensics issues.
Consumer Protection
Fraud, consumer rights, and Internet scams.
Criminal Cases
How the criminal justice system works.
Damages Assessment
How damages are determined in civil cases.
Disabilities Law
Disabilities law, Social Security benefits, and discrimination.
Domestic Violence
Legal issues raised by abuse and violence in the family.
Drunk Driving Cases
Drunk driving terminology, offenses, traffic stop procedures, and prosecutions.
Employment Law
The legal rights of workers and their employers.
Environmental Law
Issues pertaining to the environment, toxic torts, and environmental disease.
Estate Planning
Wills, trusts, probate, and other estate planning and administration issues.
Expert Witness Practice
How to be a better expert witness.
Failure Analysis
Analyzing the failure of equipment, parts, and processes.
Family Law and Divorce
Legal issues relating to marriage and divorce.
Fires & Explosions
Legal and forensic aspects of fire and explosion causation, and fire investigation.
Forensic Animation
The use of animation in the context of litigation.
Forensic Evidence
Scientific and forensic evidence and its use in court.
Identification
google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad);
Legal and forensic aspects of identification of evidence and suspects.
Identity Theft
Preventing and responding to identity theft and fraud.
Immigration Law
Legal aspects of immigration and naturalization, and deportation.
Intellectual Property
Patents, trademarks, copyrights, and trade secrets.
International Law
The law of nations.
Investigation
Hiring and utilizing a private investigator.
Legal Research
How to perform legal research.
Malpractice Law
Violation of the standard of care by professionals.
Marketing
Legal issues relating to marketing and promotion.
Medicine
Forensic and legal aspects of medicine.
Personal Finance
Legal and practical issues in managing and growing your finances.
Personal Injury
When the law offers remedies for personal injury, and how the tort system works.
Practice Management
Suggestions for improving the function of a law practice.
Premises Liability
Liability of premises owners following injury on their property.
Product Liability
Injury caused by defective goods, including medical devices and toys.
Psychology
Forensic and legal aspects of psychology.
Real Estate
The law of real property, including boundary disputes and adverse possession.
Securities & Investment Law
Securities and investment law, securities fraud, and remedies for investors.
Security
Ensuring premises security and reducing crime.
Toxicology
The effects of exposure to natural and man-made toxins.
Traffic Ticket Law
Issues relating to traffic, speeding, vehicle ownership and registration.
Worker's Compensation
The law protecting workers who suffer injury on the job.
Additional Issues
Legal topics not addressed under other subjects.
Additional Resources
Contribute an Article to the Library
Help others, while promoting yourself and your services, by sharing an informative, original article.
Article Index
A complete index to the articles contained in the ExpertLaw library.
source:
http://www.expertlaw.com/library/

Criminal Law Questions and Answers

How Are Criminal Charges Filed?
How Will My State Handle A Criminal Investigation or Prosecution?
What Happens In Juvenile Criminal Cases?
What Happens In Drunk Driving Cases?
What Constitutional Rights Apply In Criminal Cases?
What Rights Do Crime Victims Have?
Notice: Please note that if you have been charged with a criminal offense, you will likely benefit from consulting a criminal defense lawyer. You may find this article on "How To Hire A Criminal Defense Lawyer" to be helpful.
How Are Criminal Charges Filed?
Criminal proceedings take place in a series of stages. Usually, the police are responding to a citizen's complaint that a crime has been committed. Sometimes, the police observe suspicious activity. Once they are called, or see something suspicious, the police investigate, take statements from witnesses, and prepare a report on their findings. At times, they will arrest people during the course of their investigation. At other times, they will complete their report and submit it to the prosecutor's office for evaluation, and a prosecutor will decide whether charges should be filed against any suspects named in the police report.
The exact procedure for how charges are filed varies from jurisdiction to jurisdiction. Some jurisdictions give the police greater discretion in charging defendants with specific crimes, while others place more power with the prosecutor's office. After being stopped by the police, a person may be ticketed for a "civil infraction," may be ticketed or arrested for a "misdemeanor," or may be arrested for a "felony."
While it is common to speak in terms of being "charged by the police," in many states this is not entirely accurate. The exact procedure for how charges are filed varies from jurisdiction to jurisdiction, and, although the police may arrest a person and may recommend a specific charge, in many jurisdictions criminal charges are chosen solely by the prosecutor's office.
How Will My State Handle A Criminal Investigation or Prosecution?
The exact manner in which criminal cases are handled varies from state to state, and from county to county. The following materials provide an outline of the criminal justice system, from the time the police first stop or question a suspect through conviction and sentence. However, the laws of your state may differ from those described herein.
More Information
What Are My Rights If I Am Stopped By The Police?
What Are My "Miranda Rights"?
What Charges Can Be Filed Against A Criminal Suspect?
What Are "White Collar Crime" and "Corporate Criminality"?
What Happens After Charges Are Filed?
How Does "Plea Bargaining" Work?
What Happens At A Criminal Trial?
What Happens At Sentencing - Fines, Probation & Jail
What Happens At Sentencing - Prison & Parole
What Happens During An "Appeal" From A Conviction?
What Is "Criminal Forfeiture"?
What Happens In Juvenile Criminal Cases?
Increasingly, the rights of crime victims are being recognized and protected by the states. Victims often have the right to be informed of all court proceedings, and to speak at a defendant's sentencing.
More Information
What Happens In Juvenile Criminal Cases?
What Happens In Drunk Driving Cases
Drunk Driving Cases present issues and complications that are unique. It is often best to seek the assistance of an attorney who specializes in drunk driving defense, in order to evaluate any defenses that you may have, and to minimize the potential consequences to your driver's license and your freedom.
More Information
What Happens In Drunk Driving Cases?
The Drunk Driving Traffic Stop and Investigation
Blood Alcohol Testing in Drunk Driving Cases
Drunk Driving Offenses and Penalties
What To Do After A Drunk Driving Arrest
Defenses to a Drunk Driving Charge
What Constitutional Rights Apply In Criminal Cases?
State and Federal constitutions provide important protections to the public, to people suspected of crimes, and to people who are being prosecuted for crimes.
More Information
What Are The Most Important Constitutional Rights In Criminal Cases
What Rights Do Crime Victims Have?
Increasingly, the rights of crime victims are being recognized and protected by the states. Victims often have the right to be informed of all court proceedings, and to speak at a defendant's sentencing.
source:
http://www.expertlaw.com/library/criminal/criminal_law.html

Defense attorney shares a few tricks for sparring in the courtroom: Shaun Khojayan plans to market a system for selecting juries

There are attorneys and then there are litigators. Criminal defense attorney Shaun Khojayan falls into the latter category as someone who is not afraid to go to trial and keep federal prosecutors on their toes.
Running a small practice of two attorneys, a paralegal and a receptionist, Khojayan, 35, specializes in federal cases. He shuttles between offices in San Diego and Beverly Hills, defending clients accused of federal crimes that range from white collar fraud cases to drug charges.
Since graduating with honors in 1998 from the University of the Pacific McGeorge School of Law in Sacramento, Khojayan has learned a few tricks in his courtroom training and developed a tool for other lawyers in an often overlooked aspect of trial work: jury selection.
Khojayan, who cut his teeth representing indigent men and women with the Federal Defenders of San Diego Inc. and started his own firm in 2004, has trademarked a system that acts as a sort of crib note for lawyers in the jury selection phase of a trial. He plans to release it next month and charge $150 per packet.
He hopes to lecture to other law firms to explain the methodology and perhaps work on consultation. He also hopes it will bring some national exposure to his practice.
"These juries today, regardless of jurisdiction, carry with them a lot of predisposed opinions about criminal defendants, insurance companies, big corporations--about everybody," he said recently from his office above Spreckels Theatre on Broadway downtown.
The product, called Jury Selection Pro, consists of preprinted cards with questions and potential responses; grids to help organize notes; references to relevant case law that can be cited as a basis for challenges; and specific legal language that can be useful in an appeal.
Most jury selection products on the market are treatises on jury psychology, which offer little use for the trial practitioner, he said.
"After discussions with other lawyers and my own experience, I came to realize what questions got to the heart of the matter and what answers are easier to challenge," he said. "This is a practical use and methodology tool."
Legal Aid
Khojayan described how his system can be applied to a challenge for cause, which is a request to dismiss a prospective juror on reasonable grounds.
"Normally what lawyers do is they don't think of the process beforehand. They go into jury selection and do the best they can," he said. "They think they're being effective, but they're not ready when the judge makes a particular ruling on a cause challenge. They're not ready with the citation and special words to get cause granted and preserve them for necessary appeal.
"After lawyers ask their questions, then the judge will ask what each lawyer's cause challenges are," he said. "What happens is the lawyers panic, they can't read their own handwriting and it's too much information to sift through."
[ILLUSTRATION OMITTED]
With proper focus and organization, Khojayan said a lawyer can challenge many jurors without using his six to 10 peremptory challenges, which don't require a reasonable cause to challenge.
"You're left with arguably a fair jury--a jury fair to both sides, but hopefully leaning towards your position," he said.
Khojayan expanded his practice last year to Beverly Hills. He found himself commuting to Los Angeles for cases that were more complex than those in San Diego. Investigators tended to gather more evidence, take more time to bring charges and push for longer sentences.
The move also allowed him to serve the Armenian community in Glendale where he grew up.
With about 400,000 Armenians, Los Angeles is the largest U.S. diaspora of refugees that fled Turkish oppression during World War I, he said.
"You go to a church and it's one big family," he said. "There's always that feeling.
"That's why I have a practice in L.A., to show that I'm a competent Armenian practitioner in federal court," he said. "This is a big service to the community.
"They know they can trust me. I treat all clients equally, but they would know that I care for them on that level as well."
Compact in stature, with short black hair and green eyes, Khojayan shares a large room with Mexico native Adriana Cordoba, whom he hired two years ago just after she graduated from the University of San Diego School of Law.
While studying immigration and family law, which deals with custody issues, Cordoba advocated for indigent clients as a volunteer for Legal Aid Society of San Diego Inc., specializing in property and landlord-tenant issues.
"Immigration is a tough area," said Cordoba. "And family law is messy. No one wins at family law."
Two of A Kind
Boxes of case material stack the wall in the shared office. Both lawyers travel regularly to Los Angeles as well as around the state and as far as New York.
Cordoba says she's getting trial experience that would take years at larger firms.
Article Source:
http://findarticles.com/p/articles/mi_hb5247/is_7_29/ai_n29415937

Attacking the Government's Proof Equips Defense Attorneys with the Legal Arguments and Tactics They Can and Should Use to Challenge the Government's E

Put the prosecution on the defensive! Defending Federal Criminal Cases: Attacking the Government's Proof equips defense attorneys with the legal arguments and tactics they can and should use to challenge the government's evidence at every stage of a criminal case.
Beginning with the assessment of whether to cooperate with the government, it provides advice on the substance and timing of defense motions, objections and appeals, as well as open questions and splits among the circuits. Coverage includes: bases for motions to dismiss indictments; obtaining and drafting a Bill of Particulars; Fourth and Fifth Amendment grounds for suppressing evidence; Sixth Amendment rights, including the defendant's right to a speedy trial, confrontation of witnesses, and adequate representation; discovery issues, including the prosecution's obligations under Brady; proven methods for cross-examining government witnesses; capitalizing on perjury by government witnesses; objections based on substantive and procedural due process; and more.
Both scholarly and keenly focused on the needs of practitioners, this new book examines a wide range of motions to file and how you can assert them effectively. Defending Federal Criminal Cases: Attacking the Government's Proof will greatly increase your chances of winning at trial or creating a record for a successful appeal.
This book is updated as needed, generally two times each year.
About the Author
Diana D. Parker
Diana D. Parker clerked for the United States Court of Appeals for the District of Columbia Circuit after graduating cum laude from New York University School of Law in 1980. She is admitted to practice state and federal courts of New York, in virtually every United States Circuit Court of Appeal, and the Supreme Court of the United States. She is the founder of The Law Offices of Diana D. Parker in New York City.
Topics Covered:
-Bills of Particular
-Motions: Bail, Dismissal, Venue, Suppression, and Severance
-Government Disclosure Pursuant To Rule 16 and 18 U.S.C. - 3500
-Disclosure Pursuant to Brady v. Maryland
-The Right to Cross
-Examine Government Witnesses: Crawford and Beyond
-Tools for Attacking Typical Government Witnesses
-False Testimony by Government Witnesses
-The Fifth Amendment Right to Due Process
For more information, visit
http://www.researchandmarkets.com/reports/c62033
Article Source:
http://findarticles.com/p/articles/mi_m0EIN/is_2007_July_9/ai_n19345490