People of the State of Illinois v. J.R.
Possession of Cannabis with Intent to Deliver – CASE DISMISSED
The Defendant was charged with Possession of Cannabis with Intent to Deliver in violation of 720 ILCS 550/5(d). If convicted the Defendant was looking at a Class 3 Felony sentence of 2-5 years in prison. In this case the Defendant was a passenger in a vehicle and just conducted a drug deal where a large amount of cannabis was purchased. The vehicle was attempting to leave a private housing complex when it was stopped by the police. After being stopped the vehicle was searched and the marijuana was recovered and the Defendant admitted that the cannabis was his and that he had just purchased it. The State's Attorney's Office had a strong case against the Defendant, but the Defendant could not plead guilty because of his background he was likely to be sent to prison.
The Defendant hired Chicago Criminal Defense Attorney Michael P. Schmiege to represent him. Mr. Schmiege interviewed all of the witnesses and examined the police reports in order to see what could be done to beat the case. Upon reviewing the file and the law Mr. Schmiege believed that the stop of the vehicle was illegal and without probable cause and Mr. Schmiege filed a Motion to Quash Arrest and Suppress Evidence stating that the manner in which the vehicle was stopped was illegal. A hearing was held on that motion where the police officers testified and the Judge agreed that the stop and search of the Defendant and vehicle was without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure. The evidence was suppressed and as a result of the evidence being suppressed the State's Attorney was forced to DISMISS the case and the Defendant went home a free man without a 5 year prison sentence hanging over his head.
Contact a Chicago Criminal Defense Attorney if you or someone you love has been arrest without probable cause and charged with possession of cannabis or any other illegal items.