NOT GUILTY – Possession of a Controlled Substance w/ Intent to Deliver
The Defendant was charged with Possession of Cocaine with Intent to Deliver in violation of 720 ILCS 570/401(a)(2)(A). In this case the Cicero Police Department executed a search warrant at the Defendant’s residence and allegedly recovered over 100 grams of cocaine from a tool box underneath the bed the Defendant was sleeping in. After his arrest and the recovery of the cocaine the Defendant admitted that the cocaine was his and that he had been selling it. The Defendant gave a signed and written statement confessing that he had been selling the cocaine for his uncle while his uncle was in Mexico. Based on the amount of cocaine and the residence location to a public park the Defendant was charged with a Class X Felony and was facing 6-30 years in prison. The Defendant not wanting to go to prison for the next thirty years of his life hired Chicago Criminal Defense Lawyers Michael P. Schmiege to represent him.
Mr. Schmiege interviewed all of the individuals present at the home when the search was conducted and diligently reviewed the numerous police reports and uncovered glaring inconsistencies in the officers reports. Mr. Schmiege believing the Defendant to be in a position to beat the charges and believing that his confession was coerced to the case to jury trial. At trial Mr. Schmiege cross-examined the police officers and further developed inconsistencies in the officer’s testimony. The jury agreed and found the Defendant NOT GUILTY of Possession of Cocaine with Intent to Deliver and went home a free man avoiding a lengthy prison sentence.
After the finding of NOT GUILTY the Defendant filed a civil rights lawsuit under 42 U.S.C. § 1983 against the town Cicero alleging false arrest and malicious prosecution which was eventually settled for a substantial amount of money. Not only was the Defendant found NOT GUILTY he went home a free man with money in his pocket.
Contact a Chicago Criminal Defense Lawyer if you have been charged with possession of cocaine or believe that you have been the victim of a false arrest and malicious prosecution.