Immigrant's Felony Conviction Reversed Due to Unconstitutional Law

Immigrant's Felony Conviction Reversed Due to Unconstitutional Law

Attorneys from the Johnson Law Group have helped an immigrant avoid deportation due to an unlawful conviction. The man is now free to return to his family and his job after having his conviction reversed.

Ahmed Altayeb was arrested about a year ago after he chased a repeat shoplifter out of the Handy Pantry where he worked while brandishing a gun. Altayeb had fired the gun into the air several times as the perpetrator drove away. No one was hurt, but Altayeb was arrested on charges of two felony weapons crimes: reckless discharge of a firearm and aggravated unlawful use of a weapon.

The prosecutor dismissed the reckless discharge charge, but the aggravated unlawful use of a weapon charge was upheld. Altayeb was convicted and imprisoned, with his green card in jeopardy.

In August of 2014, the first assistant state's attorney was looking through case notes and realized that the law under which Altayeb was convicted had been ruled unconstitutional months before his conviction. She brought it before the judge, who was incredulous that such a thing could happen.

Attorneys from Johnson Law Group – who represented Altayeb in this latest issue, but during his original trial – called it an error on both sides and stated that, if the conviction were allowed to stand, it would be "abhorrent to the justice system as a whole." The judge agreed and reversed Altayeb's conviction.

Today, Altayeb is free to return to his job and to his family, who treated his release as a holiday and threw a party. Altayeb says that, if any similar problems occur in the store again, he will call the police.

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Categories: Criminal Defense, News