Criminal Law

The following cases are recited to illustrate a cross-section of the types of dispositions achieved. It is not intended to represent a total or complete list of all of the case successes or favorable dispositions in the past 30 years. Salvatore C. Miglore has had many, many more NOT GUILTY findings for clients and/or findings of lesser offenses; and many may more favorable dispositions then stated below.

People vs. J.J.

- The Defendant was charged with several counts of solicitation of a minor and indecent exposure, for allegedly performing a sexual act in public view. However, prior to retaining Salvatore C. Miglore, he plead guilty to several acts and was on probation. Thereafter, he was charged while on probation for another act. As a result, he faced probation violations and additional criminal penalties for the new charges. After the first interview, Salvatore C. Miglore determined that this person suffered from severe psychiatric problems and could not communicate effectively with his lawyer or understand the nature of the court proceedings. Accordingly, Salvatore C. Miglore filed a petition to declare this person unfit to stand trial; and, then a psychological examination was conducted; and, at a court hearing, the Defendant was declared unfit to stand trial and remanded to the Department of Human Services, as required by law, for the appropriate treatment to make him fit (the State must prove fitness, and they have the obligation to make him fit). If he cannot be found fit within one year, the Defendant must be released, or he cannot be held in a treatment facility for longer than the maximum sentence allowed by law. At this time, the Defendant was released with a treatment plan for schizophrenia, Tourettes Syndrome and anxiety, without a criminal conviction.

People v. J.D.

- The Defendant was diagnosed with schizophrenia, Tourette and other serious mental issues. As a result of him not taking his prescribed psychotropic medication, he hallucinated one summer evening and wandered into a suburban police station, and stole a marked squad car parked running in front of the station by an officer whom quickly went into the station for a few minutes. The Defendant was spotted and took the police, from several departments, on a high speed chase for almost 40 miles, before he crashed the vehicle. Fortunately, nobody was injured and the Defendant only suffered minor injuries. As a result, the Defendant was charged with aggravated fleeing and eluding, burglary to an auto, possession of a stolen motor vehicle, reckless driving, amongst other charges, and, most of the charges were felonies. Salvatore C. Miglore requested a psychiatric evaluation for sanity, where the forensic psychiatrist felt that the Defendant was not able to conform his conduct to the requirements of the law, because he was “insane”, suffering from delusions at the time of the offense, flowing from not taking his medication. The matter proceeded to trial; and, the Defendant was found not guilty by reason of insanity, where, this finding is the functional equivalent to a finding of not guilty or total acquittal for court mandated treatment through the Illinois Department of Human Services as an outpatient. The arrest can be expunged upon completion of a successful course of treatment.

People vs. D.H.

- The Defendant’s home was searched by the police after advised by the US Postal Authority and DEA that he was having illegal marijuana plants shipped from overseas to his home; plus having an unusually high electric bill. The police located, in a secured area of his home, several dozen growing marijuana plants, grow lights, dried marijuana and a built in irrigation system. Furthermore, Defendant’s 16 year old daughter lived in the house and slept right next to the grow area. The Defendant was arrested and charged with possession of marijuana, a felony; and, endangering the life and health of a child. After it was determined that the search and admissions by the Defendant were valid and admissible, Salvatore C. Miglore requested an evaluation of the Defendant by a neuro-psychologist/physiatrist. The results revealed serious mental illness, connected to an addiction symptom to marijuana, and other drugs. The Defendant was not eligible for any type of alternative to prosecution, so, Salvatore C. Miglore was able to negotiate the felony offense down to a misdemeanor, with probation and treatment based upon the mitigation of the mental issues in the case; and, the endangerment case was dismissed. The misdemeanor can be sealed from his record in 5 years from the date of his successful termination of

PEOPLE VS. T.H.

- The same/similar facts as the above, but cocaine was located the person of the Defendant and she admitted to ingesting cocaine one hour before being stopped. The Defendant was completely acquitted, based upon the same principles stated above.

Alternatives to Criminal Prosecution for Criminal Charges in Certain Circumstances

Salvatore C. Miglore has had hundreds of successful dispositions of many types of criminal cases, where the alleged criminal conduct had a causal connection to a mental disease, drug or alcohol problem. These types of dispositions allow for professional inpatient or outpatient treatment instead of criminal penalties; and, upon a successful completion, the case is completely dismissed, where it can be expunged; or, the conviction or deferred disposition is vacated and the case dismissed, which also can be expunged. This type of disposition can be by a statutorily designed program, such as “TASC” probation; and/or, programs offered by certain County State’s Attorney’s, such as “MICAP” and Drug Court in DuPage County; the Second Chance Program, Mental Health Program and Drug Court Program in Kane County.

The programs were made available to Salvatore C. Miglore’s clients for retail theft, felony theft, possession of a controlled substance with intent to deliver, possession of a controlled substance, possession of cannabis, possession of cannabis with intent to deliver, possession of ecstasy, a lookalike substance, heroin, and resisting a peace officer, battery, amongst various other charges. Also, these programs are not available for “forcible felonies”, such as residential burglary, DUI’s, or crimes of violence, or people with certain types of criminal backgrounds, or people whom have had the benefits of these programs before and failed.

Salvatore C. Miglore has had hundreds of successful dispositions of this nature, where criminal liability is almost certain and provable at trial; and, the client was in need of professional assistance/treatment, in order to return to a useful citizenship. In any event, the ultimate decision is left to the client, upon a cause of this nature to either vigorously defend the case or to pursue an alternative to criminal prosecution, by seeking treatment, in order to restore the client to useful citizenship.

People vs. T.B.

- A Defendant was stopped by the police for a routine traffic violation. The officer claimed that he smelled burnt cannabis emanating from the car. The officer, without a warrant, claimed that he had probable cause to search the Defendant and the vehicle, because of this alleged smell. The officer did not locate any illegal contraband or substances, but, after administering “Standard Field Tests” to this Defendant, he decided that the Defendant was driving under the influence of marijuana. The Defendant maintained his innocence. The case proceeded to trial, where the Defendant was acquitted solely on the cross examination of the officer, by Salvatore C. Miglore, on his lack of qualifications to determine or opine as to the effects of marijuana on a driver, and the lack of the applicability of field tests to marijuana cases. The defense did not have to call one witness and the Defendant was completely exonerated.

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