Unlawful Use of a Weapon – CASE DISMISSED
The Defendant was charged with Unlawful Use of a Weapon in violation of 720 ILCS 5/24-1. In the State of Illinois Unlawful Use of a Felony is a Class 4 felony that is punishable by up to three years in prison and is non-probationable. In this case the Chicago Police were patrolling an area and received a radio broadcast of shots fired and were given a general description of an individual and general area. The Chicago Police Officers saw the Defendant walking down the street and allegedly observed a bulge in his waist band of his pants. Based on that observation the police stopped the Defendant and searched him and recovered a handgun from his waistband.
The Defendant was basically caught red handed with a firearm in his possession. Wishing to protect his record and avoid jail the Defendant retained Michael Schmiege as his Chicago Criminal Defense Lawyer. Attorney Schmiege reviewed the file and interviewed the Defendant and came to the conclusion that the stop and search of the Defendant was illegal and therefore he filed a Motion to Quash Arrest and Suppress Evidence. A hearing was held on that motion and the Chicago Police Officers testified to what they observed and knew at the time they stopped the Defendant and the Judge agreed with Mr. Schmiege argued that the stop and search 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. With the evidence suppressed and the arrest quashed the State’s Attorney’s Office had no choice but to DISMISS the case.
Even if the evidence is overwhelming and you are caught with a gun in your pocket there are ways that your case can be fought and won. Don’t give up hope – speak to an experience Chicago Criminal Defense Lawyer. Mr. Schmiege offers free consultations and will meet with you to see how he can help you with your case.
Contact him today.