People v. SS

- The Defendant was on probation for a few months for burglary, when he was arrested for a residential burglary, a non-probationable Class 1 felony. The Defendant faced re-sentencing on the original charge, and 4 to 15 years on the new charge, as consecutive sentences. Salvatore C. Miglore did not represent the Defendant on the first offense. The Defendant was arrested about one mile from the scene as a passenger in an auto, allegedly being chased both on foot and in patrol cars by the police. A search of the auto, after the arrest, allegedly contained “burglary tools.” The Defendant was supposedly identified at the scene, as he ran by the owner of the house, whom happened to walk in, as the crime was in progress; and a responding police officer whom chased him through an alley. At trial, Salvatore C. Miglore challenged the identification of the police, plus the description of the Defendant; and also the few seconds in the dark that the witnesses had to identify the Defendant; plus the lack of physical evidence linking the Defendant to the crime. As such, the Defendant was found not guilty and he was completely discharged of both offenses (Defendant’s probation on the first offense was not revoked and that first case Petition to Revoke probation was also dismissed).