NOT GUILTY – Possession of a Controlled Substance
The Defendant was arrested and charged with Possession of a Controlled Substance in violation of 720 ILCS 570/402(a) (2) (A) and Disorderly Conduct in violation of 720 ILCS 5/26-1. In this case the Defendant was at a bar in Cicero and allegedly got drunk and rowdy and was eventually kicked out of the bar. Outside the bar the Defendant kept trying to get back in and was arrested for disorderly conduct by the Cicero Police Department and during a search incident to arrest the Cicero Police Department allegedly found 2.5 grams of cocaine in the Defendants pocket. If found guilty the Defendant, having been charged with a Class 4 Felony, was facing 1-3 years in prison. The Defendant maintained his innocence and refused to plead guilty. Chicago Criminal Defense Attorney Michael P. Schmiege was hired and he conducted a full investigation and reviewed all of the necessary reports. The case went to jury trial and Mr. Schmiege cross-examined the arresting officers and developed the theme that the officers planted the cocaine on the Defendant because he was acting in a disorderly, unruly and disrespectful manner and that he contested their authority. Mr. Schmiege was asking the jury to believe that two sworn police officers would knowingly and willing frame someone and plant narcotics on an individual. It was tough case to try but on cross-examination Mr. Schmiege developed doubt to the officer’s story and the jury believed that the prosecutor failed to prove the defendant guilty beyond a reasonable doubt and the Defendant was found NOT GUILTY and went home a free man and avoided a three year prison sentence.
Contact Chicago Criminal Defense Attorney Michael P. Schmiege if you or someone you love has been charged with possession of cocaine, heroin, crack, marijuana or ecstasy. Mr. Schmiege will do everything to get your case dismissed or a finding of not guilty at trial.