Man is arrested and charged with domestic battery for causing bodily harm. Lewis Gainor gets the case dismissed despite the witness being in court. Download the court records
Attorney Lewis Gainor recently defended a man who was arrested in North Chicago for domestic battery, and was able to get all charges dismissed for violation of his speedy trial rights. The man was arrested by uniformed police officers from the City of North Chicago on July 25, 2005. The prosecution was handled by the Lake County State’s Attorney’s Office in Waukegan.
In many domestic battery cases in Lake County, the alleged victim decides not to pursue the case, and does not show up for court. As a result, many Lake County domestic battery cases are dismissed when a witness refuses to show up to testify or otherwise cooperate with the prosecution.
In this case, the woman who had accused Lewis Gainor’s client appeared in person at every court date, and indicated she was willing to testify. The State’s discovery, which was all the evidence in the case, contained bloody photographs. The man was charged with causing bodily harm. The man was in serious trouble.
Lake County criminal attorney Lewis Gainor filed a demand for speedy trial pursuant to the Illinois statute 725 ILCS 5/103-5, which provides that all persons who are out of jail on bond that demand trial must be provided with a trial within 160 days. If, for any reason, the defendant does not receive a trial, the case is dismissed under 725 ILCS 5/114-1.
After several months had passed, Lewis Gainor filed a motion to dismiss the case because more than 160 days had passed. The Lake County State’s Attorney also filed motions to proceed with the prosecution, as their witness was willing to participate. With the woman in the courtroom, the motions went to hearing on February 15, 2006.
The court agreed with the arguments of Lake County attorney Lewis Gainor and granted the motion to dismiss. The case was over, and despite the alleged victim’s willingness to proceed, the man walked free.
At Gainor & Gosch, PC we concentrate in the defense of serious criminal charges, including misdemeanor and felony offenses of domestic battery, stalking, interference with the reporting of domestic violence (preventing someone from calling 911), violation of an order of protection, child custody disputes, visitation abuse, failure to pay child support, aggravated domestic battery (for causing great bodily harm), and felony violation of an order of protection. If you have a case in Cook County (Skokie or Rolling Meadows), or Lake County (Waukegan), call us today.
