Success Stories

Aggravated Unlawful Use of Weapon charge dropped after Prosecutor Agrees with Wallin’s Argument

Mr. A. was charged with aggravated unlawful use of a weapon and being a felon in possession of a weapon.  The first charge is a Class 2 misdemeanor carrying a mandatory minimum three year sentence.  The other charge is a Class 3, with a range of sentence from 2 to 10 years.  Mr. A. claimed that he was not a felon; that a Florida case that was on his record from nearly 20 years ago was expunged.  Mr. Wallin researched Florida law and discovered that his client had received a sentence “withholding an adjudication of guilt and placing him on probation.”  He found a recent Florida Supreme Court opinion holding that such a sentence could not be used to enhance a weapons charge.  There was also a Federal Court opinion that followed the Florida Supreme Court.  Based on that, along with a showing that Mr. A. was in full compliance with the Illinois Concealed Carry law, the Cook County prosecutor agreed to dismiss the charges.