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Case Results

AGGRAVATED DOMESTIC BATTERY, DOMESTIC BATTERY

FEBRUARY 2024 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of choking his ex-girlfriend in an argument after he got home late from a golf tournament. At trial, Mr. Hiatt pointed out that physical evidence did not support the claims and called witnesses who observed that the client was the one who was injured during the parties’ argument. The jury returned a not guilty verdict in only 45 minutes.

DUI AND OBSTRUCTING JUSTICE

SEPTEMBER 2023 – KANKAKEE COUNTY

NOT GUILTY

Client was pulled over for speeding and arrested for DUI and obstructing justice by refusing to comply with a search warrant for his blood. Mr. Hiatt successfully suppressed the client’s statements to police due to a Miranda violation. At trial, he challenged the tactics of the arresting officers, who handcuffed the client immediately and did not conduct field sobriety tests. The obstructing justice charges were dismissed, and the jury found the client not guilty of DUI.

PREDATORY CRIMINAL SEXUAL ASSAULT

AUGUST 2023 – KANKAKEE COUNTY

NOT GUILTY

Client’s wife, who was unhappy with her marriage and sought a way out, manufactured allegations that the client molested her daughter (his stepdaughter). Mr. Hiatt discovered text messages from the step daughter to the client that indicated her mother was forcing her to make the allegations. The jury returned a not guilty verdict on four counts of predatory criminal sexual assault.

PREDATORY CRIMINAL SEXUAL ASSAULT

AUGUST 2023 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of raping a five-year old child that he babysat. He was arrested three years after the allegations were made to police. At trial, Mr. Hiatt pointed out the absence of physical evidence, the delay by the child in reporting the alleged conduct, and the subsequent delay by police in investigating it. The jury returned a not guilty verdict on one count of predatory criminal sexual assault.

AGGRAVATED UNLAWFUL USE OF A WEAPON

JULY 2023 – KANKAKEE COUNTY

MOTION TO SUPPRESS GRANTED

Client was charged with possession of a firearm inside a car in which he was a passenger. Mr. Hiatt moved to suppress the gun, arguing that the officer lacked probable cause to pull the vehicle over in the first place. The judge agreed and suppressed all items found inside the vehicle, including the gun. As a result, the charges against the client were dismissed.

ATTEMPTED MURDER

DECEMBER 2022 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of breaking into his girlfriend’s house and trying to drown her in a bathtub. Witnesses called by Mr. Hiatt at trial demonstrated the volatile relationship of the parties and the aggressive and violent tendencies of the girlfiend. The client was found not guilty of attempted murder.

FIRST DEGREE MURDER

OCTOBER 2022 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of intentionally running over and killing her boyfriend after an argument behind his residence. At trial, Mr. Hiatt demonstrated that the accident reconstruction expert made critical mistakes in his conclusions regarding the vehicle’s speed and operation. His cross examination of witnesses at the scene revealed that the client’s actions were consistent with an accident. The jury returned a not guilty verdict as to murder.

ATTEMPTED MURDER

AUGUST 2022 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of shooting up a house party, resulting in multiple gunshot victims. Mr. Hiatt presented evidence that the client had been shot in the back himself while fleeing the party. Even though a State witness identified the client as the shooter, Mr. Hiatt pointed out that on social media she had offered to change her testimony for money. The jury returned a not guilty verdict as to all charges, which included attempted murder and aggravated unlawful discharge of a firearm.

CRIMINAL SEXUAL ASSAULT/AGGRAVATED KIDNAPPING

FEBRUARY 2022 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of forcibly kidnapping an on-again, off-again girlfriend, taking her against her will, sexually assaulting her and battering her. At trial, Mr. Hiatt pointed out the witness’ credibility problems, including her drug and alcohol abuse and inability to remember important details. The jury returned a not guilty verdict as to criminal sexual assault and aggravated kidnapping.

AGGRAVATED DOMESTIC BATTERY

FEBRUARY 2021 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of choking his fiancee during an argument. Mr. Hiatt cross-examined the fiancee successfully and called the client to dispute her allegations. The jury returned a verdict of not guilty in less than an hour.

CRIMINAL SEXUAL ASSAULT

AUGUST 2019 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of forcibly raping and battering his adult daughter days after learning that he was her father. At trial, Mr. Hiatt demonstrated that the daughter and her mother believed the client to be wealthy and appeared to be working together to extort him for money. The jury returned a verdict of not guilty as to all charges.

CRIMINAL SEXUAL ASSAULT

SEPTEMBER 2018 – KANKAKEE COUNTY

NOT GUILTY

Client was accused of raping his wife for years during their marriage. At a bench trial, Mr. Hiatt pointed out lewd and sexually playful memes the wife had sent the client as recently as two weeks before she called police. The wife admitted that she had continued to have a consensual sexual relationship with the client even after the alleged rapes occurred. Following arguments, the judge immediately found the client not guilty.

POSSESSION OF A CONTROLLED SUBSTANCE

JANUARY 2018, LIVINGSTON COUNTY

MOTION TO SUPPRESS GRANTED

Fairbury police entered the client’s apartment without a warrant, searched the client and seized suspected cannabis and “spice.” Mr. Hiatt moved to suppress the evidence based on numerous Fourth Amendment violations. The court granted the motion. Prosecutors subsequently dismissed the charges.

AGGRAVATED UNLAWFUL USE OF A WEAPON; POSSESSION OF CANNABIS WITH INTENT TO DELIVER

NOVEMBER 2017, KANKAKEE COUNTY

MOTION TO SUPPRESS GRANTED

Client was pulled over by Kankakee police. A firearm and cannabis were discovered inside the vehicle. Police claimed they had information that the vehicle was stolen. Mr. Hiatt moved to suppress all evidence seized. He argued that the police had no evidence that the client knew the vehicle was stolen, and that the client had done nothing to justify being pulled over. The court agreed and granted the motion. As a result, the State dismissed the charges, the most serious of which carried a mandatory prison sentence of 6 to 30 years.

HARASSMENT OF A WITNESS

JUNE 2017, KANKAKEE COUNTY

NOT GUILTY

Client was charged with going to the home of a witness in a criminal case against the client’s husband and harassing her. At trial, under questioning from Mr. Hiatt, another person who had been present contradicted the claims of the witness. Mr. Hiatt successfully discredited the witness, and the court returned a not guilty verdict.

DUI

JUNE 2017, KANKAKEE COUNTY

NOT GUILTY

Client was arrested in Bourbonnais for DUI and other offenses. Despite the client’s failure of field sobriety tests and possession of alcohol in the vehicle, Mr. Hiatt successfully attacked the arresting officer’s conclusions and observations. A jury returned a not guilty verdict on the DUI.

CRIMINAL SEXUAL ASSAULT

MAY 2016, KANKAKEE COUNTY

NOT GUILTY

Client, a group home worker, was accused of raping one of the residents while on duty. He sat in jail for several months with court-appointed counsel until Mr. Hiatt took on the case. Upon being retained, Mr. Hiatt demanded a jury trial. The jury deliberated an hour before returning a not guilty verdict.

DUI

MARCH 2017, FORD COUNTY

CHARGES DISMISSED

Client was arrested after being involved in a single-car accident after he left a bar. Despite a high blood-alcohol content and witnesses from the bar who observed the client drinking to intoxication, Mr. Hiatt demanded a trial, and prosecutors dismissed the charges.

FAILURE TO REGISTER AS A SEX OFFENDER

APRIL 2017, KANKAKEE COUNTY

CHARGES DISMISSED

As a juvenile, client pled guilty to a sex offense and was subjected to lifetime sex offender registration. As an adult, he missed his registration deadline and was arrested for failure to register. Mr. Hiatt successfully petitioned the juvenile court to terminate the client’s registration requirement. In light of this, prosecutors elected to dismiss the failure to register charge, which carried a potential sentence of two to five years’ imprisonment.

AGGRAVATED DISCHARGE OF A FIREARM

JULY 2015, KANKAKEE COUNTY

CHARGES DISMISSED

Client was accused of shooting at a neighbor’s home with a high-powered rifle. Mr. Hiatt obtained evidence and witnesses contradicting the claim. Prosecutors elected to dismiss the charge, which carried a potential sentence of four to 15 years’ imprisonment.

DUI

FEBRUARY 2014, KANKAKEE COUNTY

NOT GUILTY

Client was arrested in Bradley for DUI after she drove through a road block. The arresting officer berated the client during the traffic stop and insisted that she smelled strongly of alcohol, even as the client attempted to explain that she had not been drinking. At trial, Mr. Hiatt questioned the officer’s temperament and methods and called witnesses to demonstrate that the client had not consumed alcohol the night of the arrest. A jury returned a not guilty verdict after deliberating for less than an hour.

DELIVERY OF COCAINE

OCTOBER 2011, KANKAKEE COUNTY

NOT GUILTY

Client was arrested in Kankakee County during a sting operation. Video purported to show the client engaging in a hand-to-hand transaction with a confidential informant, who was working with police in exchange for leniency on his own pending charges. Mr. Hiatt attacked the credibility of the informant and the poor equipment used by police to record the alleged transaction. The client faced up to 60 years in prison, but the jury returned a not guilty verdict.

PREPARATION OF FRAUDULENT TAX RETURNS

DECEMBER 2014, US DISTRICT COURT, PEORIA

NOT GUILTY

Client, a tax preparer, was accused of filing fraudulent tax returns for his customers. At trial, Mr. Hiatt pointed out that certain of the returns were reviewed and approved by the customers, even though they attempted to deny doing so during the trial. The jury returned a not guilty verdict on these charges. Although the client was found guilty on other counts, the not guilty verdicts reduced the amount claimed by the government and lowered the client’s exposure. Mr. Hiatt successfully argued for a sentence below the United States Sentencing Guidelines and far below that requested by the government.

CHILD PORNOGRAPHY

JANUARY 2016, US DISTRICT COURT, PEORIA

BELOW GUIDELINES SENTENCE

Client was indicted for distribution of child pornography. His residence contained several computers and electronic devices with thousands of photographs and videos. Client pled guilty and faced a Sentencing Guidelines range of 12 to 16 years’ imprisonment and a maximum of 20 years. At sentencing, Mr. Hiatt challenged the application of the Guidelines and emphasized the client’s lack of a criminal history, strong family ties and absence of violent or pedophiliac tendencies. Although the government demanded a Guidelines-range punishment, the court sentenced the client to only eight years in prison.

Brian Hiatt Law

Brian Hiatt Law