Monday, January 21, 2008

Felony Charges Dismissed After Police Officer Impeached on Stand


Chicago criminal defense attorney, James Dimeas, of the Chicago criminal defense firm, The Legal Defenders, P.C., forced the Office of the Cook County States Attorney to dismiss felony Possession of Stolen Motor Vehicle Charges filed by a special prosecutions unit of the Office of the Cook County States Attorney against a client who was on parole for a Residential Burglary at the time of his arrest. The prosecutor dismissed the charges after the arresting officer's credibility was seriously compromised after intense cross examination by Chicago criminal defense attorney, James Dimeas, of the Chicago criminal defense firm, The Legal Defenders, P.C. Chicago criminal defense attorney, James G. Dimeas, of the Chicago criminal defense firm, The Legal Defenders, P.C., had filed a motion asking the court to throw out a statement made by the defendant immediately after his arrest before he was advised of his Miranda rights. The arresting officer testified that he first saw the vehicle the defendant had allegedly stolen driving down the street ahead of his vehicle. The arresting officer testified that he attempted to pull over the vehicle the defendant was driving after he saw the defendant commit a minor traffic violation. The officer testified that the defendant failed to stop his vehicle and eventually fled on foot after he stopped. The officer chased the defendant down an alley and apprehended the defendant as he was attempting to climb a fence. As the defendant was being placed in handcuffs the officer asked the defendant why he fled and the defendant then allegedly stated that he had stolen the vehicle.

On cross examination by the Chicago criminal defense attorney, James Dimeas, of the Chicago criminal defense lawyers at the Legal Defenders, the officer was confronted by a report prepared by a neighboring village police officer which stated that the arresting Chicago police officer had told the other officer that he first saw the stolen vehicle in a parking lot and had checked the plate and it had come back stolen. The report went on to state that the arresting Chicago police officer observed the defendant enter the vehicle in the hotel parking lot, followed it down the street and attempted to stop it when the defendant fled and was apprehended.

Chicago criminal defense attorney, James Dimeas, of the Chicago criminal defense firm Legal Defenders, P.C., called the other officer to testify that the arresting officer told him a different story than what the arresting officer had testified to in court. The Court granted the Motion Suppressing the Statement and the state was forced to dismiss the charges against the defendant. The defendant was facing substantial mandatory jail time if he had been convicted. The defendant had previously been convicted of Forgery and Armed Robbery. Throughout his adult life, the defendant had been sentenced to over 30 years in the Illinois Department of Corrections in his various convictions. He was on parole for a Residential Burglary at the time of his arrest.

This hard fought victory was accomplished as a result of thorough preparation and hard work. The Chicago criminal defense lawyers at The Legal Defenders, P.C., are trained to review every piece of evidence and look at every angle when defending a client. The officer did not know that the Chicago criminal defense lawyers at The Legal Defenders, P.C., had obtained the report from the neighboring police department and was not aware of it's contents prior to taking the stand. As a result, what looked like an open and shut case for the state crumbled under the skilled legal representation of the Chicago criminal defense lawyers at The Legal Defenders, P.C.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

The Legal Defenders, PC

70 West Madison, Ste 1400 * Chicago * IL 60602 * Phone: (800) 228-7295 * Fax: (800) 604-0507