- 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.