This Month's Victories
State v. RS. The client was arrested on charges of a Fourth DUI; a Class 2 Felony that carries 3-7 years in the penitentiary; no probation. The attorney won a bench trial; NOT GUILTY.
State v. JV. Client was accused of domestic battery. The police testified that the client grabbed and threw his wife to the floor and that there were signs of physical abuse. At trial, the lawyer won a verdict of NOT GUILTY.
State v. AR. Client was involved in an accident and the police had the client transported to a Hospital for a blood draw. The blood alcohol concentration came back at 0.125; above the legal limit of 0.08. The attorney took the case to trial and won a verdict of NOT GUILTY.
State v. MV. A cab driver saw our client's vehicle strike and knock down a light post. The cabby called the police and followed our client until the police arrived. The police stopped client and testified that he smelled like alcohol and couldn't maintain his balance. The police also testified that client was combative and they arrested him for Felony Aggravated Driving Under The Influence of Alcohol. The attorney cross-examined the officers and was able to argue that the State didn't present enough evidence to prove guilt beyond a reasonable doubt. The Judge entered an order of NOT GUILTY.
State v. MT. Police received a call regarding a battery in progress. When they arrived on the scene they saw our client "looking back" and walking "hastily." The police allegedly saw our client toss an item later recovered and found to contain cocaine. The attorney convinced the judge that the stop was an unlawfull seizure and he Felony charges were dismissed.
State v. RS. Our client was seen approaching a suspected drug house. The police testified that client walked up to an unknown male and a transaction occurred. The client then went back to his vehicle and a traffic stop was conducted. The police recovered heroin. After a preliminary hearing, the judge dismissed the charges.
State V. MP. Defendant was involved in a fight with some gang members. The police were called but the gangsters had fled the scene. A neighbor pointed out the defendant and he was arrested and charged with Reckless Conduct. The attorney set the case for trial and all charges were dismissed.
State v. MT The client was arrested for striking another vehicle and DUI. The attorney was able to show that the other driver had a stop sign and client did not, thereby, giving our client the right of way. The attorney also demonstrated that the police officer that conducted the Field Sobriety Tests did not follow proper procedure. Finding of NOTGUILTY after trial.
State v. JS. Client allegedly blew a stop sign and almost hit a Police Sergeant's vehicle. The officer then stopped the client's vehicle and arrested him for DUI and possession of cocaine. The attorney won a verdict of NOT GUILTY after trial.
State v. RM. Police observed the client in a hand to hand transaction. They curbed the client as he drove away from the scene. They asked the client out of his car and as the client exited his vehicle two bags containing suspect narcotics fell from his waistband. At the preliminary hearing the attorney won a finding of no probable cause.
State v. IN. Client was stopped for speeding and improper lane usage. The officer noticed that the client emitted a smell of alcohol, admitted to drinking, and was not wearing any pants. The attorney won the case at trial. Finding of NOT GUILTY.
State v. IM. Client's Driver's License was suspended after a DUI arrest. Attorney requested a hearing and was able to convince the judge that the police officers that arrested our client did not follow procedures. The Judge signed an order that allowed client to drive again.
State V. VL. Police stopped the client as he drove to work. They took him back to his house and executed a search warrant that reveled over 200 grams of marijuana. The attorney challenged the search and argued that the police could not prove that the marijuana belonged to the client. Charges were dismissed.
State V. MB. The client was arrested for Reckless Conduct. After being placed in a squad car the defendant was alleged to have damaged a squad car video camera. He was charged with Felony Criminal Damage to State Supported Property. At a preliminary hearing, the attorney cross examined the officer and demonstrated that the state was unable to prove the amount of damage or even if there was any damage and charges were dismissed.
State V. UC. The client was legally parked when officers approached two individuals who appeared to be urinating in an alley. After arresting the two, they approached UC and searched his person. The police recovered suspect cocaine and arrested him. At a court hearing, the attorney argued that the police had no right to search UC and the judge agreed. All charges were dismissed.
State V. JG. The client's vehicle was observed to be stuck in a pile of snow. When police arrived they observed the client to have an odor of alcohol and blood shot eyes. The client was given field sobriety tests but did not do a Breathalyzer test. The attorney attacked the officer's experience and argued that there was not proof beyond a reasonable doubt. The judge found the client NOT guilty.
State V. FC. The client was caught on tape driving at a high rate of speed and following too closely. The officers stopped the client and had the client perform field sobriety tests. The officers concluded that the client was driving under the influence of alcohol. At trial, the attorney was able to show that the officer was inexperienced and did not follow proper testing procedures. The judge entered an order of NOT guilty.
State V. RM. Client was arrested for assaulting a co-worker. His co-worker told police that the defendant attacked him with a scanner gun while at work. The attorney demanded a trial and won a verdict of not guilty. The judge didn't find the actions of the client constituted an assault.
State v. JR. The client was stopped for driving on a suspended license. The officers ran his fingerprints and discovered a warrant for DUI. The client was arrested and posted bond. The attorney continued the case for trial and the State was unable to produce any witnesses. The case was dismissed.
State v. JO. Client was observed sitting in his vehicle and officers approached. Officers observed the client wiping his nose and asked him to exit his vehicle. The police searched the client and found cocaine. At the preliminary hearing the attorney argued that there was no probable cause to approach the client and the judge agreed. The case was dropped.
State v. MM. Client was a passenger in a vehicle that was stopped by police. Police asked the client out of the car and performed a search of the client's person. The officer felt a lump inside the client's clothing and removed suspect cocaine. The attorney demanded a preliminary hearing and all charges were dismissed.
State v. EV. Client was arrested for his 3rd DUI and charged with a class 2 Felony. Police Officers observed the client speaking with a "known prostitute"; they approached the client's vehicle and noticed he had an odor of alcohol. The police had the client perform Standardized Field Sobriety Tests and arrested him for DUI. The attorney filed a motion to quash the arrest and the judge granted the defense motion. All charges were dismissed.
State V. LO. The client was arrested for DUI after police observed the client driving in and out of his lane and disobeying a stop sign. The attorney demanded a trial and won a finding of not guilty for his client.
State v. JR. The client was arrested for domestic battery and criminal damage to property. Attorney Martinez set the matter down for trial and all charges were dismissed.
State V. DM. Client was involved in a single car accident after he lost control of his car during a snow storm. A witness stopped and called police. When the police arrived they noticed an odor of alcohol and arrested the client for DUI. Attorney Benjamin Martinez won a verdict of not guilty after a bench trial.
State V. AP. Client was charged with possession of a controlled substance. Police saw the client in a "high crime" area and stopped his vehicle. They searched the client's vehicle and recovered six baggies of heroin. At the preliminary hearing, the attorney was able to show that the police did not have probable cause to stop and search the client's vehicle.
State V. JB. The client was arrested for a crime he did not commit. The police were looking for an individual named on an arrest warrant. The client happened to share the same name as the wanted perp. After bonding out the client hired attorney Martinez who proved that police had arrested the wrong person and was able to get a judge's order protecting the client from future false arrests.
State v SV. The client was arrested for Domestic Criminal Trespass twelve days after the alleged crime occurred. The client was unaware that police were looking for him. After his arrest he retained the Law office of Benjamin Martinez. The attorney was able to prove to the prosecutor that no crime had occurred and all charges were dropped.
State v. TW. Chicago police officers arrested the client for drinking on the public way. Police also charged the client with unlawful street gang contact because the client was on parole and with a known street gang member. If the client pled guilty or was found guilty his parole could be violated and he would be incarcerated for violating the conditions of his parole. The attorney demanded a trial and all charges were dismissed.
State v. CM. Client was arrested and charged for DUI after a state trooper saw the client's vehicle strike a wall; the tires flattened; and the car became inoperable. The attorney was able to keep the client's license from being suspended and the DUI was reduced to Reckless Driving.
State v. MV. Client charged with two counts of Battery. Police alleged that MV struck two young men, striking one with a cell phone and kicking a juvenile during an argument. The client disputed the allegations and hire attorney Martinez who asked for a speedy trial. The Judge acquitted the client of all charges; finding of not guilty after a bench trial.
State v. OR. Client was riding a bicycle when Berwyn police stopped him for looking "suspicious". Client was taken in for questioning and police found a warrant naming the client. The attorney was able to have all charges dismissed.
State v. JS. Client was charged with speeding and driving while license suspended. The attorney was able to have all charges dismissed.
State v. AR. Client was charged with Battery. Police arrested client after a road rage incident. While driving his vehicle, the client was harassed by another driver. The client approached the driver and an altercation followed. The attorney asked for a trial and argued that the client was defending the safety of his wife who was pregnant. all charges were dismissed.
State v. JP. Client was on court supervision for causing an accident and driving while license suspended when she was charged with causing another accident. Attorney went to court and had all new charges dismissed.
State v. JV. Client was charged with Felony Driving While License Revoked. The attorney demanded trial and argued that the client's due process rights were violated because the client was not afforded a preliminary hearing within the statutorily prescribed time. The judge agreed and all charges were dismissed.
State v. VC. Client was charged with domestic battery. The police alleged that the client was intoxicated, struck his wife, and pushed her out of the house. The client was arrested and charged. Attorney Martinez asked for a trial and all charges were dropped.
State v. VE. Client was charged with Retail Theft. The attorney demanded trial and all charges were dropped.
State v. IM. Client was arrested for Driving Under The Influence of Alcohol. The police allege that the client was driving the wrong way on a one way street, that the client showed clues of being drunk, and that he failed all field sobriety tests. The attorney asked for a trial and after cross-examining the police officer the attorney asked for a finding of not guilty. The judge agreed and found the client not guilty of DUI.
State v. JP. The client was arrested after an accident with an off duty police officer. The off duty police officer exited his car and shoved the client to the floor. Police were called to the scene and the client was arrested for causing an accident, driving while license suspended, resisting arrest, and aggravated assault. The attorney spoke with a witness that rebutted the police officers' version of what happened and all charges against the client were dropped.
State v. NZ. The client was involved with a business associate over a debt dispute. The accuser alleged that the client had a dating relationship with her and the he shoved and struck her. The client was charged with domestic battery and arrested. The attorney was able to have all charges dismissed.
State v. CA. Police Officers executed a warrant for client's residence and recovered drugs, scales, USC currency, and proof of residency. The attorney demanded a trial and convinced the judge that the State had not met its burden of guilt beyond a reasonable doubt. Client was found NOT Guilty of Possession with intent to deliver.
State V. SD. Client was arrested and charged with Possession of Cannabis with Intent to Deliver. The attorney filed a motion to suppress evidence. The attorney argued that the officer did not have probable cause to detain the client and search her vehicle. The judge granted the attorney's motion to suppress and all charges were dismissed.
State v. MT. The client was stopped for not wearing a seat belt. The officer ran the client's information and learned that his driver's license was revoked. The client was arrested and charged with Felony Driving While License is Revoked. The attorney cross-examined the police officer regarding the basis for the stop. The attorney convinced the judge that the officer could not have observed if the client was wearing a seat belt and the judge agreed. All charges were dismissed.
State v JF. The client was arrested and charged with Aggravated Criminal Sexual Abuse. The client's family contacted the attorney prior to the client's bond hearing. The attorney represented to the court the client's background and argued that the client should be released without paying any Bond money. The judge agreed and the client was released that same day.
State v. AP. The client was observed by CPD coming out of a store carrying a twelve pack of beer and getting into a car. The officer circled around the block and stopped the client's vehicle. The client was arrested for DUI and not wearing a seat belt. The attorney fought to get the client his license back and won a trial, finding of Not Guilty.
State v. DT. The client was arrested for DUI and his license was suspended. The client drove for a living and could not keep his job if he lost his license. The attorney filed a Petition to Rescind Summary Suspension that was granted by a Judge and the client avoided suspension. The attorney then set the case for trial and won a verdict of Not Guilty.
State v. TM. The client was charged with his second DUI in less than 3 years and at risk of having his driver's license revoked. The attorney set the matter down for trial and won a verdict of not guilty.
State v.JM. Client was arrested for reckless driving and DUI. A CPD officer testified that he witnessed a vehicle speeding on the expressway, weaving in and out of traffic, causing cars to take evasive action to avoid an accident, and that he stopped the vehicle for reckless driving. That after stopping the vehicle he noticed clues of impairment and arrested the driver for DUI. The attorney set the matter for hearing and trial and all charges were dismissed.
State v. YG. Client was charged with Aggravated Battery to a public employee. The attorney asked for a trial and the felony charges were reduced from a Class 3 Felony to a misdemeanor.
State v. GH. Client was charged with two counts of violating his probation. Attorney went and argued on behalf of the client and client was released without having to post bond. The attorney convinced the judge to not violate client's probation.
State v. JF. Clients wife accused him of domestic battery and alleged that client had threatened to hire a street gang to burn her house down. Client denied all accusations and hired attorney Martinez. The attorney demanded a trial and all charges were dismissed.
State v. IN. Client had a 2002 DUI warrant. Client was told by an immigration attorney that he needed to dispose of the warrant in order to complete his petition with immigration. Attorney Martinez quashed the warrant and set the case for trial. All charges were dismissed againt the client.
State v. IP. Client was arrested for domestic battery. His wife received an order of protection that didn't allow him to have any contact with his wife or children. The attorney asked for a trial and all charges were dismissed and the order of protection was terminated.
State v. CL. Chicago police arrested client and charged him with possession of ecstacy. His car was towed and client had to pay over $2,000 to recover his car. The attorney requested a hearing and charges were dropped.
State v. MG. Client was charged with Criminal Sexual Assault. Attorney was able to negotiate with the State to have charges reduced to a Battery. The client was able to avoid jail time; did not have to register as a sex offender, and did not have to report to probation.
State v. DA. Client was arrested for giving a false name in order to avoid arrest on a no bail felony warrant. He was also charged with violation of probation. The attorney was able to win the client's release from jail on the first scheduled court date and both cases were closed.
State v. LG. Client was charged with Battery. The client was alleged to have beat up a fellow student. The client claimed it was self-defense. The attorney demanded a trial and all charges were dismissed.
State v. EC. Client was arrested and charged with Reckless Driving and Aggravated DUI. The police officer testified that the client tried to avoid arrest by speeding, failing to stop at stop sign, over taking other cars on the road, and trying to enter his residence. After cross-examination of the officer by the attorney the presiding judge dismissed all charges.
State v. RP. Client being held on a no bail warrant. Client had missed court and was charged with Possession of cocaine. The case was set for preliminary hearing. The attorney was able to win a finding of no probable cause and the client was released from custody.
State v. AG. Client was arrested and charged with new crimes and for violating his Felony probation. The attorney was able to keep the client on bond and filed a motion to quash new arrest. The MTQ was granted, charges were dismissed, and the VOP was withdrawn.
State v. JA. Client was on court supervision for a DUI when he was arrested for a Felony Aggravated DUI. The case was scheduled for a preliminary hearing and the attorney was able to get all Felony charges dismissed.
State v. IG. Client was charged with causing an accident, no insurance, and no driver's license. Chicago Police claimed that she struck a vehicle. The client was hospitalized and her vehicle was totaled. Client claimed she was struck and felt that she was charged because she did not speak English. The Attorney set the case for trial and all charges were dismissed.
State v. MM (Feb. 2013). Client is on felony probation and was arrested for battery. The allegation was that she slammed a woman's head on the concrete floor during a bar fight. The Attorney argued for the client to remain on bond and set the battery for trial. All charges were dismissed and the client avoided jail.
State v. AM (Jan. 2013) Client was arrested and charged with a non-probationable Class 2 felony. The client was currently on probation for a Class 1 drug case. The attorney filed a Motion to Quash the Arrest and Suppress Evidence. The Judge in Rolling Meadows denied the attorney's motion. The attorney didn't give up and filed a Motion to Reconsider. The Judge over turned herself and all charges were dismissed.
State v. DP (Jan. 2013) Client was charged with striking a Cook County Deputy who was working as a security officer at a White Sox game. The client believed he was unjustly arrested. The attorney set the case for trial and all charges were dismissed.
State v. JR (Jan. 2013) Client was arrested for DUI and license suspended for 6 months. Attorney won client's license and State's Attorney dismissed the DUI after the attorney mentioned that the arresting officer had been indicted for taking bribes!
State v. ER (Dec. 2012) Client was arrested for Domestic Battery. Attorney demanded a trial and case was dismissed.
State v. MD (Dec. 2012) Client was stopped by off duty officer for driving erratically. Chicago Police were called and client arrested for DUI. Client called Attorney Martinez immediately after his arrest. Attorney Martinez filed petition to rescind statutory summary suspension and 30 days later client has won his driving privileges. Attorney continues to fight DUI, stay tuned for details.
State v. IM (Dec. 2013) Police officers execute a search warrant and find three fraudulent identification cards in defendant's purse. Client arrested and booked. Attorney Martinez files Motion to Quash Arrest, Motion to Suppress Statements, and sets case for trial. After several hearings and a trial, attorney Martinez wins case for the client. The client is now able to continue petitioning the Department of Homeland Security for legal residency without worrying about a conviction for possession of fraudulent identification.
State v. RP (Nov. 2012). Client missed court for felony possession of a controlled substance and a no bail warrant was issued for his arrest. Client was given a new court hearing where Attorney Martinez was able to win a finding of no probable cause. At the hearing, the judge found that the police did not have probable cause to arrest the client. The client was released from custody.
Check in every week for new victories by Attorney Benjamin Martinez or call and make an appointment, (773) 671-0349.