WHAT CAN I DO IF THE JUDGE MADE A MISTAKE IN MY CASE OR RULED AGAINST ME?
What can I do if the Judge made a mistake in my case or ruled against me?
What can I do if the police acted improperly?
Can the decision of a Trial Judge or Jury be Reversed?
Trial Court Decisions are not always Final nor correct
Judges are human and make mistakes
Higher Courts can and do reverse trial Court decisions
Can I appeal the decision of a Trial Court?
Do the police have to tell me I am under arrest for it to be a valid arrest?
THE 2ND DISTRICT APPELLATE COURT RECENTLY REVERSED THE DEFENDANT’S CONVICTION FOR RESISTING ARREST
The police responded to a 911 hang-up call at the defendant’s address when they arrived the defendant and the other adult female occupant told them everything was fine. They said the police should leave. There were no signs of any injuries to either of them and no other signs of any crime having taken place.
The Appellate court ruled that the police acted improperly and thus the convictions entered against the defendant were to be reversed despite being found guilty by a jury.
As in most situations in criminal law, the facts of every case are different and the outcomes vary depending on all of the facts and circumstances in each situation. It is important to contact an attorney for a full review of your situation to determine if there is a way to beat the charges against you or to appeal a finding of guilty entered against you.
APPEALS ARE NOT AUTOMATIC AND ARE TIME SENSITIVE SO ACTION MUST BE TAKEN IMMEDIATELY TO INVESTIGATE YOUR OPTIONS
At the Russo Law Offices, we have former policemen and prosecutors who can analyze every aspect of your case and find the weaknesses in the state’s evidence against you.
Below are some excerpts and commentary in re (People v. Borders, 2020 IL App (2d) 180324 – (May 15, 2020)
“A person commits the offense of resisting or obstructing if he or she “knowingly resists or obstructs the performance *** of any authorized act” by a person known to be a peace officer.” .
This offense requires that the defendant knew both that (1) the person obstructed or resisted was a peace officer and that (2) the defendant’s actions would obstruct or resist the officer’s authorized act. Id.;
Innocent or inadvertent conduct by a person may not be enough to sustain a conviction.
In People v. Slaymaker, 2015 IL App (2d) 130428, the Court held that the officer must be engaged in an “authorized act within his or her official capacity.” If the officer was not engaged in an authorized act when the resistance or obstruction took place, the defendant has not violated section 31-1(a), and any conviction of that offense must be reversed”
“We conclude that, when Laurent ordered Borders to remain outside and seized Borders, he did not have a reasonable basis for believing that an emergency required his entry into the house to protect life or property.”
“The mere fact that neither Hall nor Borders would allow the police to enter the house was not, in itself, suspicious or grounds for believing that the situation was an emergency, because their refusal was their constitutional right. “[E]ven if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers to enter the premises and may refuse to answer any questions at any time.” Kentucky v. King, 563 U.S. 452, 470 (2011).”
“The statement, “you are under arrest” is not absolutely necessary to create the knowledge that one is being arrested. “Although the intention to arrest must be communicated, and defendant’s understanding of that intent is a factor to be considered, ‘[t]he test must be not what the defendant *** thought, but what a reasonable man, innocent of any crime, would have thought had he been in the defendant’s shoes.’ ” People v. Howlett, 1 Ill. App. 3d 906, 910 (1971).”
Contact Russo Law Offices for a criminal defense attorney in Wheaton and for a free consultation.