Man is threatened with criminal conviction while on court supervision. Petition to revoke. New charges dismissed. No convictions. Download the court records
Criminal defense attorney Lewis Gainor successfully represented a man who had two legal problems: 1) he had been charged with domestic battery; and 2) his arrest for domestic battery was grounds to be re-sentenced by the judge on an older battery case.
The man was a resident of the Village of Great Lakes, Illinois, which is the location of the main U.S. Naval training station. In the year of 2005, the man was living in Great Lakes with his girlfriend. She was a member of the Navy. On the night of December 19, 2005, they had an argument that escalated into a physical altercation.
She called the Great Lakes Police Department to report the incident, and he was arrested. The police took him to the county jail, where he was held in custody until he posted money for bond.
Attorney Lewis Gainor appeared in court on the man’s behalf and pleaded not guilty for his client. At that moment, the Lake County State’s Attorney filed a petition to revoke the man’s sentence on an old case. As a result, the man was facing charges which could result in sentencing for the new domestic battery arrest as well as the old case. That is, he could be sentenced twice.
The old case went to trial first on 4/5/06. If the State could prove that he was arrested for the new offense, he would be re-sentenced, and still face sentencing on the new case. Lake County criminal lawyer Lewis Gainor aggressively questioned the police, and as a result, the judge ruled that his client would not be re-sentenced.
Only minutes later, Lewis Gainor demanded trial on his client’s behalf on the new charge. Because he won the hearing on the older case, the State’s Attorney was precluded from prosecuting Lewis Gainor’s client on the new offense. As a result, the State was forced to dismiss the charge.
