I just finished a case where my client was charged with two counts of battery and one count of trespass to land. The State, McHenry County called five witnesses to testify against my client. Two of the witnesses were
independent individuals that did not know any of the parties, (they were in a park across the street from the incident).
After the state’s attorney presented each witness, I cross examined the witness. My client did not testify nor did his girlfriend. The judge found my client Not Guilty and told the Cook County Sheriff, (the one who was knocked out) that the fight was his fault and that he was an embarrassment to law enforcement, (among other comments).
This case is a very good example of how the state’s attorney’s office will push a case that is not worth pursuing. If the state’s attorney would have done her job she would have questioned the witnesses to find out what really happened instead of simply accepting what the off-duty sheriff said. State’s attorneys do not care about what really happens in a case, all they care about is getting a conviction and the resulting fines.