Wednesday, September 16, 2009

Felony Marijuana Charges Dismissed In Rolling Meadows


The other day I was able to get the Prosecutor's office to dismiss felony Possession of Marijuana charges against my client. My client had attended The Grateful Dead concert at Allstate Arena over the summer. An undercover Village of Rosemont police officer was doing surveillance in the parking lot of the Allstate Arena. In his police reports and at the preliminary hearing, he stated that he saw my client walking around the south end of the parking lot asking people if they wanted to buy "Molly." The officer said that "Molly" is slang for ecstasy. The officer testified at the preliminary hearing that he witnessed a drug transaction. He then called for assistance and about five other officers grabbed my client, put him face down on the parking lot and placed him under arrest for dealing drugs. They searched him and found over 50 grams of marijuana. The police never recovered any ecstasy from my client.

However, when pressed on whether he witnessed a drug transaction, the officer was forced to admit that he was not sure if what he saw was a drug transaction or a lawful transaction. I filed a Motion to Quash Arrest and Suppress Evidence arguing that the police lacked probable cause to arrest my client and that all the evidence seized after his unlawful arrest should be suppressed. To his credit, the prosecutor realized that my motion had merit and voluntarily agreed to dismiss the charges against my client on the eve of the hearing on my motion.

My client had been in jail since the arrest on a substantial bond. He is already on parole until November of 2010 for a Class 1 Felony drug charge. The dismissal of the charges means that my client is set free and does not have to worry about violating his parole.

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.

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