FIRST DEGREE MURDER – CASE DISMISSED
The Defendant was charged with First Degree Murder. In the State of Illinois the Defendant was facing the prospect of spending the rest of his life behind bars. In that case the Defendant was allegedly the driver of a vehicle used in a drive by shooting. Witnesses identified the vehicle used in the shooting as one being similar to that of the Defendants. Chicago Police Detectives arrested the Defendant based on the similar vehicles and while in Chicago Police custody the Defendant confessed to his role in the shooting. If found guilty the Defendant would have a minimum of twenty years in prison.
The Defendant hired Chicago Criminal Lawyer Michael P. Schmiege to represent him. After reviewing the evidence and speaking with the Defendant Mr. Schmiege realized that the Defendants statement was taken illegally and was coerced. Therefore, Mr. Schmiege filed a Motion to Quash Arrest and Suppress Evidence and Motion to Suppress Statements. There was an evidentiary hearing and Mr. Schmiege extensively cross-examined the arresting detectives concerning the manner of arrest and manner of interrogation. At the close of the hearing Mr. Schmiege argued that the arrest was made without probable cause and the statement was the result of the illegal arrest and need to be suppressed. After that lengthy hearing the Judge agreed with Mr. Schmiege that the arrest of the Defendant was without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure and the judge granted the motion. With the evidence being suppressed, that being the Defendants confession, the State had no choice but to DISMISS the case.
After the case was DISMISSED the Defendant filed a civil rights lawsuit under 42 U.S.C. § 1983 against the City of Chicago and that case settled for a substantial amount of money. In this case the Defendant confessed to the crime of murder, had his murder case dismissed and then got paid by the City of Chicago.
Contact Chicago Criminal Defense Attorney Michael P. Schmiege if you are under investigation or have been arrest for murder in Chicago or Illinois.