CASE DISMISSED – Possession of a Controlled Substance w/ Intent to Deliver
The Defendant was charged with Possession of a Controlled Substance with Intent to Deliver and Possession of Cannabis with Intent to Deliver in violation of 720 ILCS 550/5(d). In this case members of a Chicago Police Department Narcotics task force allegedly received information the Defendant was dealing drugs. The Chicago Police officers armed with that information set up surveillance on the Defendant and they observed the Defendant exit his residence, shove a plastic bag containing an object into his waistband and get in his car and drive off. The Chicago Police officers stopped the Defendant and ordered him out of his vehicle and recovered from his person a large amount of cannabis. The Defendant then signed consent to search his residence which the police searched and e police found a large amount of cocaine. The Defendant was charged with a Class 1 Felony and if found guilty was looking at 4-15 years in prison. The Defendant not wanting to go to prison for 15 years hired Chicago Criminal Defense Attorney Michael P. Schmiege to represent him.
Mr. Schmiege investigated the case and reviewed the police reports and interviewed witness. Mr. Schmiege believed that the Defendants’ constitutional rights had been violated and the stop of the Defendant was illegal. Mr. Schmiege filed a Motion to Quash Arrest and Suppress Evidence stating that the stop of the Defendant and subsequent search were illegal and in violation of the Defendants’ rights. The Judge agreed that the stop was illegal, without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure and granted the motion and suppressed the evidence. Based upon the granting of this motion the State had no choice but to DISMISS the charges and the Defendant went home a free man without a 15 year prison sentence hanging over his head.
Contact Chicago Criminal Defense Attorney Michael P. Schmiege if you have been charged with possession of a controlled substance with intent to deliver or if you believe you have been stopped and arrest without probable cause in violation of your constitutional rights.