People of the State of Illinois v. T.M.
NOT GUILTY PCS w/ Intent to Deliver
The Defendant was charged with Possession of a Controlled Substance with Intent to Deliver in violation of 720 ILCS 570/401(c) (2). If found guilty the Defendant having been charged with a Class 1 Felony was facing 4-15 years in prison. In that case the police received information that an individual was selling drugs from his car at a certain location. The Chicago Police armed with that information went to the area in question and set up surveillance. The police officers observed the Defendant retrieve a small white golf ball sized object from the side of a building and return to his vehicle which was being occupied by another individual. The Defendant then drove away and his vehicle was stopped and cocaine was recovered from the rear center consol.
The Defendant had a lengthy criminal background and a conviction would have sent him to the penitentiary for years. Not wanting to go to prison he hired Chicago Criminal Defense Attorney Michael P. Schmiege. Mr. Schmiege took the case to trial and cross-examined the officer extensively regarding what he saw in the Defendants' hand and Mr. Schmiege questioned him on his ability to be able to actual see what he said he saw. During closing arguments Mr. Schmiege argued to the judge the cop could have been mistaken and may not have seen a white object in the hand of the Defendant and that the drugs recovered in the vehicle could have belonged to the other passenger in the car. The judge agreed and found the Defendant NOT GUILTY.
Sometimes the evidence may appear to be overwhelming and that there is no way to defend against the case. You do have options and an experienced criminal lawyer can help develop a proper defense strategy for your case.
Contact Chicago Criminal Defense Attorney Michael P. Schmiege if you are facing a possession of a controlled substance charge in Chicago or Illinois.