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Representative Cases

 

Illinois v. RF

Winnebago County prosecutors charged RF with numerous counts of Official Misconduct, Class 3 felonies, alledging that RF unlawfully obtained and sold sensitive information while working at the Secretary of State's Office.  RF ultimately hired Mr. Goldberg to defend him. Mr. Goldberg filed a motion to suppress statements based upon an alleged violation of the Illinois Eavesdropping Act and then convinced to the prosecutors to dismiss all of the felony charges.  Due to Mr. Goldberg's efforts, RF pled guilty to a significantly reduced charge of computer tampering, a Class B misdemeanor, and Mr. Goldberg negotiated a total punishment of $500, including fines, fees, and court costs, without probation or conditional discharge of any kind.

 

Illinois v. LB

LB was arrested by Chicago Police Officers and charged with possession of heroin and cannabis. Mr. Goldberg represented LB at a preliminary hearing and after the hearing the judge found that there was no probable cause for the charge and the case was dismissed.

Illinois v. Bunko

Mr. Bunko was charged with Aggravated Possession of Manufacturer's Identification Number Plates, also referred to as Vehicle Identification Numbers (V.I.N), a class 1 Felony, after members of the Federal Bureau of Investigation (F.B.I), Immigration and Customs Enforcement (I.C.E.), Kane-Cook Auto Theft Tast Force, the Secretary of State Police and the Secretary of State Audit Team raided an auto body shop on the Northwest side of Chicago. During the raid, the officers allegedly got consent to search Mr. Bunko's Lexus and found the V.I.N plates in his glove compartment. They arrested Mr. Bunko, seized his Lexus and attempted to forfeit it, and charged Mr. Bunko with a crime.  Mr. Goldberg filed a motion to quash Mr. Bunko's arrest and suppress evidence challenging the officer's claim that they were conducting an administrative search of the body shop, and arguing that they were conducting an unrelated criminal invesitigation at the behest of the FBI. After Mr. Goldberg presented his evidence at a hard fought hearing, the prosecutor dismissed all charges and Mr. Bunko got his Lexus back.

Illinois v. CH

CH was charged with battery after allegedly pushing one of her coworkers, and slamming her arm in the door, while working at Chicago State University.  At trial, Mr. Goldberg vigorously cross-examined the complaining witness, and in doing so, got her to repeatedly change her story. After a heavily contested trial, Mr. Goldberg prevailed and CH was found NOT GUILTY.

Asset Forfeiture Case: Illinois v. 2005 Mitsubishi SUV

AP was arrested and charged with possession of heroin afer police alleged to have found the heroin in his car during a traffic stop. The Cook County State's Attorney's Office moved to have AP's SUV forfeited and have title to the SUV transferred to the State of Illinois.  Mr. Goldberg was hired to attack the forefeiture complaint and prevent the SUV from being forfeited and get AP's SUV back as soon as possible. Mr. Goldberg convinced the prosecutor that AP would be successful at a hearing and that the State did not have a legal basis to forfeit the SUV.  Overnight, the prosecutor released the SUV back to AP and withdrew it's complaint for a forfeiture.

USA v. Wallace Richard Smith

Essentially, Mr. Smith assumed his deceased father's identity. He was charged with mail fraud (in violation of 18 U.S.C. 1341) because he engaged in a scheme to defraud the Social Security Administration by continuing to collect disability payments while working under his father's identity, and earning approximately $150,000 during the relevant period.  Mr. Smith was also charged with passport fraud, or specifically making a false statement in an application for a passport with the intent to secure the issuance of a passport under the authority of the United States (in violation of 18 U.S.C. 1542), because he obtained a passport using his deceased father's identity. Finally, Smith was charged with bankruptcy fraud, or knowingly and fraudulently making a false declaration, certification, verification, and statement under penalty of perjury in a petition for bankruptcy (in violation of 18 U.S.C. 152(3)), by representing that he was his deceased father in an attempt to discharge over $70,000 in debt. Smith had a history of criminal convictions including impersonating a police officer, forgery, and drug charges. The Government fought for a sentence of 57 months in federal prison.  Mr. Goldberg represented Smith at his heavily contested sentencing hearing and convinced the federal judge to sentence Mr. Smith to a short period of home incarceration. Smith was spared further prison time and was sentenced to the fourteen months he already served in connection to an unrelated state conviction and six months of home incarceration. 

Illinois v. TD

TD was charged with possession of a controlled substance (cocaine), a felony, after a Northlake Police Officer alleged to have seen TD using cocaine in his Mercedes in the parking lot of Allstar's Gentleman's Club. Mr. Goldberg filed a Motion to Suppress Evidence and Quash Arrest arguing that the police officer violated TD's Fourth Amendment rights because he stopped him and searched him without a legal basis. After a hearing on Mr. Goldberg's motion, the judge agreed and granted the motion. The evidence was "thrown out" and excluded from evidence, and the case was dismissed. In addition, the police officer seized thousands of dollars and attempted to forfeit the cash in an asset forfeiture action.  Based on Mr. Goldberg's victory at the motion hearing, the money will be returned to TD.

Asset Forfeiture Case: Illinois v. 2005 Lexus

SK was arrested and charged with possession of crystal methamphetamine ("meth"), possession of crack cocaine, and possession of cannabis after police alleged to have found drugs in his pockets, as well as his Lexus. The Cook County States Attorney's Office moved to have Sk's Lexus forfeited and have title transferred to the State of Illinois. Mr. Goldberg was hired to vigorously defend the forfeiture action and prevent the state from keeping SK's Lexus. Mr. Goldberg convinced the forfeiture prosecutor that he did not have a legal basis to forfeit the car and it was ordered returned to SK.

USA v. Cardoso-Galvan

Mr. Cardoso-Galvan was charged with importation, distribution and conspiracy to possess with the intent to distribute approximately 120 kilograms of cocaine in the New York, Long Island area. Mr. Goldberg represented Mr. Cardoso-Galvan and objected to the United States Probation Officer recommendation of a prison term in the range of 108-135 months. The judge agreed with Mr. Goldberg, granted his request, and sentenced Mr. Cardoso-Galvan to 63 months.

USA v. Szanto

Mr. Szanto was charged with importing 20,000 pills of ecstasy (MDMA) from Canada to the Chicago-land area. Facing an advisory sentence of roughly ten years in prison, Mr. Goldberg convinced the prosecutor that Mr. Szanto was less-involved than others and at his sentencing, Mr. Szanto was looking at a likely sentence of 57 months in prison. However, Mr. Goldberg persuaded the federal judge to drastically reduce his sentence and Mr. Szanto was released after serving less than 24 months in prison.

USA v. HC

HC was charged with conspiracy to commit fraud involving access devices, commonly referred to as "skimming" or credit card fraud. HC has previously went to prison for large scale marijuana distribution and cocaine possession. Facing a likely sentence of at least 30 months in prison, Mr. Goldberg convinced the federal judge to allow HC to serve his time in the comfort of his home and continue working full-time. HC was sentenced to "home confinement," which is a extreme departure from the federal sentencing guidelines and much better than prison. 

Illinois v. Figueroa

At his first trial in 2004, Mr. Figueroa was charged and convicted of first degree murder. However, Mr. Goldberg and his colleagues continued to fight for their client. After a successful appeal, a new trial was ordered. This time, Mr. Figueroa was found NOT GUILTY. Due to the relentless efforts of Mr. Goldberg and his team, after spending almost eight years in prison, Mr. Figueroa left the courthouse a free man.

Illinois v. Romero

Mr. Romero was charged with possession of cocaine. Mr. Goldberg tried the case, and Mr. Romero was found Not Guilty.

Illinois v. Colon

Mr. Colon was charged with possession of cocaine with intent to deliver, a class 1 felony, and his tow truck was impounded and seized pursuant to the Drug Asset Forfeiture Act.

After cross-examining a police officer at a preliminary hearing, Mr. Goldberg got the officer to admit that he did not see Mr. Colon commit a crime, totally inconsistent with his police report. After Mr. Goldberg exposed the other inconsistencies in all of the police officer's stories, the case against Mr. Colon was dismissed. Moreover, after a lengthy and contested proceeding, the tow truck was returned.

Illinois v. Juarez

Mr. Goldberg won a Motion to Suppress Evidence in a case that involved over a kilogram of cocaine and guns. Officers executed a search warrant at the apartment allegedly belonging to Mr. Juarez. After a hearing challenging the legality of the Warrant, the judge ruled that the Officers violated Mr. Juarez’s 4th Amendment Rights. After Mr. Goldberg won the motion and the Judge suppresses all the evidence, the prosecutor dismissed the case.

USA v. Ramirez

After a hotly contested hearing on a Motion to Suppress Evidence litigated by Mr. Goldberg, the Federal District Court Judge held that the FBI violated Mr. Ramirez’s constitutional rights under the 4th Amendment and he suppressed the cellular phone and its records that the FBI illegally seized. Mr. Ramirez was charged with a drug conspiracy that involved Cocaine and Heroin. According to the Government, the telephone records linked Mr. Ramirez to a vast criminal drug conspiracy. The FBI informer and a co-defendant were going to testify against Mr. Ramirez at trial. However, Mr. Goldberg won the Motion to Suppress, and the Government concluded that it could not proceed to trial without the suppressed evidence and dismissed all charges against Mr. Ramirez.

Illinois v. Marchan

The prosecutor was forced to dismiss charges that included approximately a kilogram of cocaine, Fifty (50) pounds of cannabis and 3 guns. After Mr. Goldberg successfully presented a Motion to Quash the Search Warrant (Franks Hearing), the judge ordered the prosecutor to reveal the name of an informer. The prosecutor claimed that the informer was dead and the charges against Mr. Marchan were dismissed.

Illinois v. Sanchez

Mr. Sanchez was charged with Possession with Intent to Deliver 24 Kilos of Cocaine. A jury found Mr. Sanchez NOT GUILTY. Two other co-defendants pled guilty before trial and received 8 years. Mr. Sanchez proceeded to trial, and after a week long trial, a jury returned a verdict of NOT GUILTY.

The police alleged that Mr. Sanchez orchestrated a 24-kilo drug transaction. Three others were involved in the transaction and the police conducted surveillance while Mr. Sanchez and the others were allegedly transferring a car tire full of the cocaine from one car to another. At trial, however, Mr. Goldberg established that the police did not recover any fingerprints that will show that Mr. Sanchez was involved. Mr. Goldberg exposed the fact that the police did not find or recover the alleged car that Mr. Sanchez drove. Moreover, although the police were allegedly watching Mr. Sanchez very closely, the officers could not come up with one piece of evidence that will link Mr. Sanchez to the other 3 co-defendants - not even a picture was taken during the surveillance.

Missouri v. Delgadillo & Godoy

Mr. Delgadillo and Mr. Godoy were stopped for a traffic violation on a highway near Springfield, Missouri. They were later arrested for transporting about 70 pounds of cocaine inside the gas tank of the car. Mr. Goldberg represented Mr. Godoy and Mr. Delgadillo. After filing a Motion to Suppress the evidence and Quash the illegal arrest, the prosecutor dismissed all charges against both Mr. Delgadillo and Mr. Godoy.

Illinois v. Gilzene

In a state prosecution of a drug case for possession of cocaine, Mr. Goldberg, filed a Motion to Suppress the drugs. After a hearing on the motion, the judge suppressed the drugs and the State’s Attorney dropped the charges.

Illinois v. Wallenberg

In a state prosecution, Mr. Wallenberg was charged with aggravated battery and faced fifteen years in prison. While preparing for trial, Mr. Goldberg filed a motion to bar the use of other past crimes as evidence during the trial. This was the second time Mr. Wallenberg was accused of stabbing someone in the chest.  After reviewing the Motion, the State’s Attorney offered Mr. Wallenberg an agreement where he would serve only forty-five days in jail and probation.

Illinois v. Hamid

In a state prosecution of a drug case, where Mr. Hamid was charged with possession with intent to distribute cocaine, Mr. Goldberg filed a Motion to Produce an Alleged Informer. The state did not produce the alleged informer and the case was dismissed.

  • More recently, Mr. Hamid was charged with Driving Under the Influence (DUI) of cannabis/marijuana or other intoxicating drugs. At trial, Mr. Goldberg cross-examined the two Chicago police officers that stopped Mr. Hamid and proved that they had no reason to believe Mr. Hamid was "high" or under the influence of cannabis.  Specifically, Mr. Goldberg attacked every factor the officers relied upon in reached their opinion. After a trial, Mr. Hamid was found NOT guilty of DUI.

Illinois v. Bautista

In a state prosecution for Unlawful use of a weapon and possession of a shotgun Mr. Goldberg filed a Motion to Suppress the shotgun. After reviewing the Motion, the State’s Attorney reduced the charges and Mr. Bautista received probation.

Illinois v. Desnoyers

Mr. Desnoyers was charged with possession of steroids. Mr. Goldberg demanded production of the evidence. After the State failed to produce the evidence, the charges were dropped.

For a free initial consultation with Darryl A. Goldberg, call (773) 793-3196 or send him an e-mail. Headquartered in Chicago, IL, Darryl A. Goldberg represents clients across the nation.

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Headquartered in Chicago, IL, Darryl A. Goldberg represents clients in Federal courts across the United States and State courts throughout the Chicagoland area including Cook County, as well as Lake, Dupage, McHenry, Will and Kane counties, and other Illinois jurisdictions.

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