CASE DISMISSED – Animal Cruelty
The Defendant was charged with numerous counts of Cruelty to Animals under510 ILCS 70/3.01 which states no person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal. No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure. A person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent conviction for a violation of this Section is a Class 4 felony. A Class A misdemeanor with a possible penalty of up to a year in jail.
In this case the Chicago Police had received a complaint of a foul smell coming from an apartment. The police went to that apartment and forced their way in and found numerous animals in deplorable conditions. The Defendant was arrested and hired Chicago Criminal Defense Attorney Michael P. Schmiege. The Defendant maintained her innocence and actually had taken numerous animals off the street and was helping them to recover. Mr. Schmiege believed that manner in which the police entered her house was illegal and filed a Peyton Motion pursuant to Payton v. New York, 445 U.S. 573, 100 S. Ct. 1371 (1980) and argued that the warrantless entrance into the house absent barring exigent circumstances was illegal and the Judge agreed and the motion was granted and the evidence was suppressed and the case was DISMISSED.
Chicago Criminal Defense Attorney Michael P. Schmiege will fully investigate your case and police reports and will file suppression motions when appropriate. Mr. Schmiege will do everything to get your case dismissed or a not guilty verdict at trial.
Contact Mr. Schmiege today if you have been charged with Cruelty to Animals or believe that you house was searched with probable cause.