Other Criminal Matters

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.

US v. AB

- This Defendant was a foreign national facing deportation, where she was an accountant for a company alleged to have committed mail fraud, money laundering, income tax and “RICO” violations by diverting money from union contributions by paying cash under the table to employees. The Defendant faced several years in prison and deportation. Before she was represented by counsel, she confessed to federal agents. After Salvatore C. Miglore was retained, he secured complete immunity from prosecution from the US Department of Justice, in exchange for her testimony, against the organized crime operated company. Hence, she avoided a conviction, federal prison time and deportation.

US v. MW

- The Defendant was a 21-year-old woman with psychiatric issues. She was alleged to have participated and aided in the brutal sexual assault, leaving the victim with severe life threatening injuries after a beating; and, conspiring to kidnap the victim, in order to keep her from testifying at trial. The two male perpetrators were enlisted in the US Army, stationed in California, where the assault took place. But, before she was represented by counsel, she uttered an incriminating statement to federal and US Army investigators in DuPage County, Illinois. Hence, Salvatore C. Miglore was retained thereafter, and secured immunity for MW from the US Department of Justice in Washington, D.C. and local prosecutors, with the assistance of James Hammer (local counsel in California), in exchange for her testimony against the two Defendants. Hence, she could never be prosecuted by the State or federal authorities, where if she was, she faced a long prison term (Two army Defendant’s received 40 years in federal prison each.)

People v. NR

- The Defendant was charged with Endangering the Life or Health of a Child. Also, the Defendant was a non-U.S. citizen, facing removal from the United States, if convicted. The Defense argued that the complaint was legally defective and unconstitutional, based upon a mandatory presumption that the child was alone for 15 minutes in a car, while it was cold outside. The matter proceeded to trial and the motion was heard with the trial. A directed finding of acquittal was entered, thus the Defendant was found Not Guilty and was totally exonerated without putting on any evidence.

People v. JP

- The Defendant was charged with Gun Running, a non-probationable Class 1 felony in state court, which involved the sale of 3 weapons to an undercover federal ATF agent in an alleged joint federal-state prosecution. He was on felony probation for the possession of firearms at the time and faced re-sentencing to prison. Salvatore C. Miglore did not represent him on the first charge of which he was on probation at the time. The authorities had the 3 guns sold and the cash Defendant received; plus, the entire transaction was tape-recorded. The Defendant was facing a minimum term of incarceration in the Illinois Department of Corrections of 4 years to a maximum term of 15 years at 50% time on the new offense, plus a consecutive sentence on the first case. The issue raised was the validity of a federal over-hear and other evidentiary problems. The Defense filed a Motion for Supplemental Discovery, of which, the State failed to provide. Also, the Defense also issued subpoenas to the federal government, of which they did not comply. Therefore, the Defense filed a Motion in Limine to bar all the federal witnesses from testifying or producing any evidence; and thus, argued several pre-trial motions including a Motion to Dismiss the Indictment due to the United States Government’s failure to comply with Defendant’s subpoenas. The State court cannot compel a federal government agent to comply with a State subpoena; but, it can bar the evidence or dismiss the case as a sanction. On the date of trial/hearing on the matter, the State agreed to reduce the charge to “attempted gunrunning” and Defendant received 48 months probation plus 100 hours community service on both cases, without any prison time, which basically boiled down to simply the first sentence he had on the first conviction, because they both were to run concurrently. So, there was no additional punishment.

People v. CD

- The Defendant was charged with 2 counts of Criminal Sexual Assault, both non-probationable Class 1 felonies, for allegedly having intercourse with a family member whom was under the age of 17 at the time. The Defendant allegedly confessed to the investigators and wrote a letter of apology to the victim, before counsel was retained. The Defendant was facing mandatory minimum consecutive sentencing of 8 to 30 years at 85% time; plus life time sex offender registration. The offer before trial was 8 years in the Illinois Department of Corrections, at 85% time. After a Frye hearing that was granted (hearing on scientific acceptance of certain evidence the defense tendered), for the first time in the state of Illinois, the trial court allowed expert testimony regarding “false confessions,” where one admits to a crime he did not commit, or one that was embellished by the police or victim. The reasons for the admissions are due to psychological pressures and oppressive “John Reed” police interrogation techniques. Salvatore C. Miglore retained renowned psychologist and lawyer, Dr. Salomon Fulero, in order to testify as to his expertise on the “false confessions phenomena.” Dr. Fulero was the psychologist the US Supreme Court referred to in Atkins v. Virginia, which held that executions of juveniles in the United States, and/or mentally retarded people is cruel and unusual punishment, and therefore, unconstitutional, and therefore, the ruling was based primarily on these types of confessions. Also, Salvatore C. Miglore produced crime scene recreation, forensic investigators and other psychiatrists to illustrate that the “act” was embellished by the “victim.” After several hearings, the prosecution offered the Defendant an amendment or reduction to an “Attempted criminal sexual assault,” and a dismissal of the second count. The Defendant received 30 months probation, 180 days work release, plus sex offender registration for 10 years, instead of the demanded prison time and lifetime registration.

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