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.

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).

People v. VL

- The Defendant, whom was an undocumented immigrant, had a 4-Count felony indictment for Financial Identity Theft and Forgery. The Defendant worked at a factory for minimum wage, with false identification and a false social security number. At trial, the judge agreed with the Defense’s argument that the State produced no evidence whatsoever for Financial Identity Theft, i.e., Defendant’s intent to defraud, even though he admitted to the police, before retaining counsel, that he bought the identification solely to work, because he was undocumented, and could not work legally in the United States. The court accepted the argument that he worked and got paid, and thus, there was no theft; and, there was no proof that the purported identity was a person who actually existed. Later, the US Supreme Court ratified this argument in another case of Flores-Figueroa v. United States. All counts were dismissed or directed out and the Defendant was completely exonerated of all 4 counts with a judgment of acquittal, without even putting on one witness.

Pardon/Clemency - People vs. J.P.

- Salvatore C. Miglore was retained by a Non-US Citizen/legal resident, after she plead guilty to one Cook County Misdemeanor Theft, and was found guilty of a Felony Theft, after a trial in DuPage County, in another unrelated theft charge, shortly after the first conviction. The client faced deportation/removal from the United States, and the loss of her legal residency status from the Department of Homeland Security, due to the above criminal convictions. Furthermore, the time to appeal the conviction was long gone at the time she retained Salvatore C. Miglore; and unfortunately, neither offense could be sealed or expunged. Therefore, the only remedy was to seek an Executive Pardon or Clemency from the Governor of the State of Illinois. Thereafter, the Petition for Pardon was filed and a hearing took place in Springfield, Illinois, before a three member panel of the prison review board, whom provided a recommendation to the Governor, as to whether to grant or deny the pardon. Unfortunately, the right to a decision provides for no time period upon which a decision must be provided. As such, the remedy is solely in the “sound” discretion of the Governor. In conclusion, after the evidence was presented and the arguments offered, Governor Patrick Quinn granted a full Pardon with a complete expungement of both charges, 5 years after the hearing concluded. As a result, the Defendant was completely exonerated and her record was cleared.

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