Man in DOC has warrant from Lake County and 12 charges. Attorney files motion to dismiss and wins them all for violation of speedy trial. Download the court records

 

Criminal defense lawyer Lewis Gainor recently defended a young man who had been charged with no less than 12 separate criminal offenses.  The story began in the Illinois Department of Corrections, where the man was incarcerated. He was serving a sentence for a felony, but still had an active criminal case in Lake County. There was a warrant outstanding for his arrest from Lake County, which meant that as soon as he was released from DOC on parole, he would be taken into custody by the Lake County Sheriff and transported to the jail in Waukegan.

 

The man’s mother contacted criminal attorney Lewis Gainor by telephone to ask what could be done before his release date. At this point, Lewis Gainor had never met the young man. And the only information he was able to acquire about his legal situation was from his mother.

 

And so, without charging the man’s mother any legal fees, he wrote a letter to the young man in prison, describing the steps that he should take under the Intrastate Detainers Statute in order to demand a speedy trial in one county while in custody of the Department of Corrections (DOC). For background, Lewis Gainor is a Christian lawyer who often volunteers his legal services pro bono for just causes.

 

 The man wrote back, and soon he and Lewis Gainor exchanged letters regularly. Just as Lewis Gainor had instructed, the young man filed a demand for speedy trial under the Interstate Detainers Act (also called the Intrastate Detainers Act). He properly served notice to the Lake County Circuit Clerk and State’s Attorney.

 

As a result, the State’s Attorney was required to bring him to court for trial, or his right to a speedy trial would be violated. Sure enough, the Lake County State’s Attorney failed to transport the defendant to court for trial.

 

Later, the man was released on parole from DOC, and came to meet Lewis Gainor in his office for the first time. Lewis Gainor went to court for the young man and filed a motion to dismiss under statute 725 ILCS 5/114-1. The judge set a hearing on the motion to dismiss for speedy trial. On February 15, 2006, the first in a series of hearings began.

 

It took several months, considering that the client was facing 12 separate charges of criminal offenses. But on December 7, 2006, Lewis Gainor got all charges dismissed against his client.

 

From the Zion Police Department, Gurnee Police Department, and Lake County Metropolitan Enforcement Group (MEG) combined, the client was facing charges of battery, attempted obstruction of justice, driving without a valid license, speeding, attempted obstruction of justice, unlawful possession of cannabis, driving without a valid license, an equipment violation, speeding, attempted obstruction of justice, unlawful possession of drug paraphernalia, and driving without a valid license. All charges were dismissed.

If you have a family member who is in custody and charge with multiple offenses, felony or misdemeanor, contact Gainor & Gosch, PC. Our criminal lawyers concentrate in cases such as unlawful possession of a controlled substance, possession of cannabis with intent to distribute, aggravated battery, aggravated discharge of a firearm, possession of child pornography, and aggravated criminal sexual assault.