The attorneys at The Law Offices of Neil L. Toppel & The Law Offices of Richard Dvorak have obtained millions of dollars in settlements and verdicts on behalf of their clients, and well over 100 Not Guilty verdicts on behalf of their clients charged with criminal offenses. When going to trial is not the best option for the client, the firm has also been able to obtain very favorable plea dispositions. The following cases are examples of some of these cases.
* Please note that the names of our clients are listed as initials to protect our clients' privacy.
Criminal Defense Cases
People of the State of Illinois v. V.B. (2009).
The client was charged with serious felonies, unlawful solicitation of a minor and child abduction. The client was suffering from Parkinson’s disease. Despite the fact that the experts who regularly worked for the Court determined he client was “mentally fit” for trial, attorney Neil Toppel convinced the Court to appoint an outside forensic neurologist at State expense to conduct an examination into the client’s “physical fitness” to stand trial. The independent expert found the client “physically unfit” for trial because of his advanced Parkinson’s. Prior to a fitness hearing, the prosecutor agreed to reduce the charges to a Class C misdemeanor, Disorderly Conduct, with time considered served as the only sentence. This disposition avoided a situation where the client would have been committed to a state run hospital.
Disarming a Peace Officer and Aggravated Assault
People of the State of Illinois v E.A. (2009) – In the Circuit Court of Cook County. The State alleged the client attacked and took the service revolver of a Chicago Police Sergeant in the presence of that Sergeant’s two partners. The State further alleged that the client then pointed the weapon at the Chicago Police Sergeant and the client was then shot by one of the other Officers on the scene.
The State did not initially test the weapon for DNA. When Attorneys Richard Dvorak and Brian Barrido indicated they intended to have the Sergeant’s weapon tested for DNA, only then did the State test the weapon for DNA. The results excluded the client as a donor of DNA on that weapon. The State still insisted on pursuing the case. After a four day jury trial, the client was found Not Guilty of all charges.
The Law Offices of Neil L. Toppel & The Law Offices of Richard Dvorak is now representing the client in a civil rights lawsuit against the City of Chicago.
Domestic Battery
People of the State of Illinois v. V.R. (2009) -- In the Circuit Court of Cook County. The client was charged with domestic battery in relation to an incident that occurred at his ex-girlfriend’s apartment. Richard Dvorak represented the client, and the case was tried in a bench trial. The complaining witness and her mother (the State’s witnesses) claimed the client physically battered the ex-girlfriend to the point where she was visibly injured and bruised. However, their testimony was impeached by the responding police officer, called as a defense witness, who testified no such injuries were noted on the date of the incident. The client was found Not Guilty.
People of the State of Illinois v. S.J. (2008)
Circuit Court of Cook County, IL - The client was a juvenile probation officer who owned a registered firearm. Juvenile probation officers were not authorized by law to bring firearms into the courthouse. The client was arrested when a search of his bag at the courthouse revealed the handgun. He was suspended from his job. At a bench trial, Attorney Neil Toppel successful argued that the client did not have the requisite mental state or intent required by the UUW statute because he had innocently forgotten the gun was in the bag. The client was acquitted and reinstated to his position.
Attempt Obstruction of a Peace Officer
People of the State of Illinois v. A.M. (2008) - In the Circuit Court of Cook County. The client was charged with attempt obstruction of a peace officer for allegedly jumping on the back of a police officer during the arrest of her husband. Attorneys Richard Dvorak and Brian Barrido set the case for a Jury Trial, and the client was found Not Guilty.
People of the State of Illinois v. D.C. (2007)
Circuit Court of Cook County, IL. - The client was charged with possession of controlled substances after Chicago Police executed a search warrant at his home and allegedly found drugs in his bedroom. Attorney Neil Toppel filed a motion to suppress evidence arguing the search warrant was invalid and the police exceeded the scope of the warrant. Following an evidentiary hearing on the motions to suppress evidence, the Court threw out the drugs finding the warrant was invalid. The prosecutor did not seek to appeal the Court’s decision suppressing the drugs and all charges were then dismissed.
People of the State of Illinois v. S.G. (2007)
Circuit Court of Cook County, Illinois. - The Client was charged with attacking two people in a dark alley with a baseball bat. Despite the fact that the client was identified as the assailant from a photo array by both eye witnesses and lived across the street from the alley where the attack occurred, Attorney Neil Toppel convinced the Court that reasonable doubt existed as to the identity of the attacker. A pretrial investigation conducted by The Law Offices of Neil L. Toppel & The Law Offices of Richard Dvorak revealed that one of eyewitnesses had a blood alcohol level of over twice the legal limit at the time of the incident. The client was acquitted of all charges.
People of the State of Illinois v. M.B. (2007)
Circuit Court of Cook County, IL - The client was charged with aggravated DUI when he was stopped for erratic driving. The arresting officer claimed that he smelled a strong odor of alcohol on the client’s breath, failed standardized field sobriety tests, and refused a breathalyzer. At a bench trial, Attorney Neil Toppel convinced the Court that the client, a diabetic, was merely suffering an episode related to his condition. The client was acquitted.
USA v. R.R. (2007)
Unites States District Court for the Eastern District of Wisconsin (Milwaukee) - The client was charged with conspiracy to deliver cocaine after a vehicle in which he was riding was stopped by Wisconsin police and kilos of cocaine were found in a hidden trap inside the vehicle. Despite the fact that the client was facing a ten year statutory mandatory minimum sentence in federal court, Attorney Neil Toppel was able to secure a “safety valve” exception from the mandatory minimum statutory 10 year sentence. Following a contested sentencing hearing, Attorney Toppel convinced the Court the give the client a “minor role” reduction of his sentence available under the Federal Sentencing Guidelines which saved the client from spending many additional months in prison.
USA V. J.V. (2007)
United States District Court Eastern District of Wisconsin (Milwaukee) - The client was charged with conspiracy to deliver large quantities of cocaine and marijuana shipped from Loredo, Texas to Milwaukee, Wisconsin. Despite the Government’s initial position that the client was a ringleader in the conspiracy, Attorney Neil Toppel was able to convince the Government and the Court that the client qualified for the “safety valve” exemption from the ten year statutory mandatory minimum sentence. Moreover, Attorney Neil Toppel convinced the Court to take the client’s age, poor health, and harsh conditions of pretrial confinement into consideration which ultimately led to the client receiving a sentence several years below the statutory minimum.
Battery
People of the State of Illinois v. J.F. (2007) - In the Circuit Court of Cook County. The client was charged with battery to a neighborhood community activist. Attorney Richard Dvorak represented the client, who was found Not Guilty in a bench trial.
People of the State of Illinois v. B.Z. (2006)
Circuit Court of Cook County, IL. - The client was pulled over by Skokie police for a minor traffic violation and arrested for driving on a suspended license. Police alleged that the client physically resisted the arrest. A police video captured the incident. At the Jury Trial on the resisting arrest charge, attorney Neil Toppel argued that the client was not purposefully or intentionally resisting the arrest but that a leg brace she wore under her clothes was being pressed against forcefully by the police causing her to have a painful involuntary response. A Jury acquitted her of all charges.
Predatory Criminal Sexual Assault
People of the State of Illinois v. C.F. (2006) - In the Circuit Court of Cook County. The client, the father of two teenage daughters who accused him of sexually abusing them, was charged with 38 counts of predatory criminal sexual assault, aggravated sexual abuse, criminal sexual abuse, and criminal sexual assault. If convicted of all the counts, the client would have, in effect, been facing a lifetime in prison. The client hired Attorney Richard Dvorak, who vigorously investigated and defended the case. Mr. Dvorak demanded trial, and, in the end, the State ended up dismissing all charges against the client.
Armed Robbery/Burglary/Aggravated Robbery
People of the State of Illinois v. N.M. (2005) - In the Circuit Court of Cook County. The client was charged with committing armed robbery, two burglaries, and two aggravated robberies, all separate incidents. The State refused to offer a plea bargain acceptable to the client, so Attorney Richard Dvorak tried the most serious charge first (the armed robbery) in a bench trial at 26th and California, and obtained a Not Guilty verdict. The cross-examination of the complaining witness revealed that this witness and the complaining witness in one of the burglaries had discussed their identification of the client with each other prior to making their identifications. This admission by the first complaining witness called into question the eyewitness identification in the burglary case, thus forcing the State to dismiss this second charge against our client. With the two aggravated robbery charge remaining, as well as the one of the burglaries, Mr. Dvorak eventually convinced the State to offer the client "boot camp" to plea to the remaining charges, an outcome satisfactory to the client.
Possession of a Stolen Motor Vehicle
People of the State of Illinois vs T.P. (2005) - In the Circuit Court of Cook County. The client was allegedly driving around south side of Chicago with some friends in a stolen car. Attorney Brian Barrido took case to trial and the client was found Not Guilty by a Jury.
First Degree Murder
People of the State of Illinois v P.T. (2005) - In the Circuit Court of Cook County. The client was alleged to have driven up to a group of people in a van, jumped out and then fired multiple shots into one victim with many eyewitnesses. Attorney Brian Barrido took case to trial and client found Not Guilty by a Jury.
First Degree Murder
People of the State of Illinois v F.W. (2005) - In the Circuit Court of Cook County. The client was alleged to have strangled a woman in an alley on a drug deal gone bad. The Client was later arrested with victim's blood on his shoes and a newspaper article about the alleged murder in his pocket. Attorney Brian Barrido took case to trial and the client was found Not Guilty by a Jury.
Burglary
People of the State of Illinois v B.M. (2005) - In the Circuit Court of Cook County. The client was accused by a store security guard of stealing a camera from a car parked in a strip mall parking lot. Attorney Brian Barrido took case to trial and client found Not Guilty by a Jury.
Possession of a Controlled Substance
People of the State of Illinois v. F.W. (2004) - In the Circuit Court of Cook County. The client was charged with possession of a controlled substance. The client alleged the officers planted drugs on him during the arrest. Attorney Richard Dvorak took the case to trial, and the client was found Not Guilty by a Jury. One of the officers who testified against the client, A Cicero police sergeant, was eventually himself charged with criminal federal civil rights violations, and sentenced to five years in federal prison.
DUI
People of the State of Illinois v. A.S. (2004) - In the Twenty-First Judicial Circuit, Kane County. In a case where the client alleged the arrest was politically motivated, the client was charged with DUI, and the blood test results revealed a BAC allegedly over three times the legal limit of .08. However, Mr. Dvorak convinced the judge that the blood test results were unreliable, and the judge found the client Not Guilty.
Attempt Criminal Sexual Assault
People of the State of Illinois v. J.M. (2004) - In the Circuit Court of Cook County. The client, a trader with the Chicago Board of Trade, was charged with attempting to sexually assault a co-worker after the two of them went out for drinks. Attorney Richard Dvorak took the case to trial, and the client was found Not Guilty by a Jury.
Appeal
People of the State of Illinois v. C.M. (2004) - In the Illinois Appellate Court, Second District. The client was charged with possession of narcotics, possession of narcotics with intent to deliver, and delivery of a controlled substance in relation to an undercover sting operation. On appeal, Attorney Richard Dvorak convinced the appellate court that the search and seizure of the client and the drugs was illegal. The State appealed the case to the Illinois Supreme Court, but the Court refused to hear the State's appeal. The drug charges were dismissed against the client.
Attempted Murder of a Police Officer
People of the State of Illinois v D.H. (2004) - In the Circuit Court of Cook County. While visiting his girlfriend, the client allegedly pointed a gun and pulled the trigger at the Chicago Police Officers who had entered the home. Attorney Brian Barrido took case to trial and the client was found Not Guilty at a bench trial.
Appeal
People of the State of Illinois v. B.B. - In the United States Supreme Court (2004); in the Supreme Court of Illinois (2003); in the Illinois Appellate Court, First District (2002). The client, who was represented at trial by another attorney, was convicted of possession of narcotics after the judge denied the client's motion to quash arrest and suppress evidence. On appeal to the Illinois Appellate Court, First District, Attorney Richard Dvorak convinced the Appellate Court to overturn the client's conviction. The State appealed to the Illinois Supreme Court, which heard arguments on the case. The Illinois Supreme Court also held the client was subjected to an illegal search and seizure, and affirmed the decision of the appellate court. The State appealed the case to the United States Supreme Court, which, after asking both sides to brief the issue of whether to accept the State's petition, decided not to hear arguments on the case, and affirmed the decision of the Illinois Supreme Court.
Predatory Criminal Sexual Assault
People of the State of Illinois v. R.D. (2003) - In the Circuit Court of Cook County. The client, a 17-year-old boy, was charged with 10 sexual misconduct counts, including two Class X counts of predatory criminal sexual assault against a 12-year-old girl. The client was facing 60 years in prison if convicted. The family came to Attorney Richard Dvorak, unable to post bond on behalf of their son. The client hired Mr. Dvorak, who quickly got the bond reduced from $500,000(D) to $50,000(D), allowing the client to be released from jail. Using a reasonable mistake-of-age defense, Mr. Dvorak obtained a Not Guilty verdict in a bench trial.
Burglary/Criminal Damage to Property/Receiving Stolen Property/Bail Jumping
People of the State of Illinois v. F.A. (2003) - In the Seventh Judicial District, Vernon County (Wisconsin). The client, a Wisconsin resident, hired Attorney Richard Dvorak to represent him in a case in a small town in Wisconsin, where, during jury selection, about three-quarters of the jury admitting to knowing the police and prosecutors, but were nevertheless not excused from the panel. Nevertheless, Mr. Dvorak tried all of the multiple felony counts before the Jury, and the Jury found the client Not Guilty of all the charges.
