Felony Drug Possession Charges Dismissed!

Felony Drug Possession Charges were dismissed at the Maywood Courthouse after Chicago criminal defense attorney James Dimeas won a Motion to Suppress after convincing the Court that the police did not have probable cause to arrest his client. The client was pulled over by the Chicago police after he was observed committing a minor traffic violation. As the police were issuing a traffic ticket, they observed a scale, plastic bags and baking soda on the rear seat of the client's vehicle. The Chicago police officers ordered the client to exit the vehicle and searched him and his vehicle. They did not find any illegal drugs on the client or in his vehicle. Nonetheless, they placed the client under arrest and put him in the back of the squad car. As the Chicago police were transporting the client to the police station they saw him moving around in a suspicious manner on the back seat. After they arrived at the police station they removed him from the back seat and took him into the police station. They searched the back of the squad car and found a bag containing illegal drugs in the rear seat of the squad car and charged him with Possession of a Controlled Substance.

Chicago criminal defense attorney James Dimeas filed a Motion to Suppress claiming that the police violated his client's constitutional rights by arresting him without any probable cause. After extensive cross examination by Chicago criminal defense attorney James Dimeas of the Chicago police officers who arrested his client, the court agreed with Chicago criminal defense attorney James Dimeas and ruled that the police did not have probable cause to arrest him. Therefore, any evidence obtained after he was illegally arrested could not be used by the state.

As a result of the victory by Chicago criminal defense attorney James Dimeas, the prosecutor was forced to dismiss the charges and the client won the case.

Prior to the hearing on the motion to suppress the state had offered the client 18 months imprisonment due to his extensive felony background.

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

Man Found Not Fit To Stand Trial - Charges Dismissed

Chicago criminal defense lawyer, James Dimeas, secured a dismissal of all felony Retail Theft charges at the Cook County Criminal Courts Building at 26th and California after a Cook County Judge found the client unfit to stand trial. The client was charged with stealing merchandise from a Menards store. The client had suffered a severe brain injury when he was shot in the head during an armed robbery many years earlier. As a result, the client was unable to communicate and under the influence of numerous prescription drugs for his condition. Chicago criminal defense lawyer, James Dimeas, recognized that the client's physical and mental condition could be grounds to have the case dismissed. Chicago criminal defense attorney, James Dimeas, had the client examined by several expert doctors and was able to prove to the court that the client could not be held responsible for his actions due to his medical condition. After a hearing at 26th and California, the court was convinced that the Defendant was unfit to stand trial and on today's date, the prosecutor agreed to dismiss the charges against the defendant.

If the Defendant had been convicted he may have been deported due to his immigration status. Even though the client had lived in the United States for over 30 years, he had never obtained his citizenship.

Chicago criminal defense attorney, James Dimeas, recognized that the physical and mental condition of his client could be used to obtain a dismissal of the charges and sought to prove this his client was not guilty.

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.

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.

U.S. Executions at 13 Year Low

According to a report issued today by the Death Penalty Information Center, the number of executions carried out in the United States in 2007 reached a 13 year low. The Death Penalty Information Center reported that 42 executions were carried out in 2007 compared to 53 in 2006. Since the death penalty was reinstated in 1976, the highest number of executions occurred in 1998 when 98 executions were carried out. The Death Penalty Information Center also reported that 110 death sentences were imposed in 2007, the lowest number since the death penalty was reinstated in 1976.

The report from the Death Penalty Information Center attributes the drop in the number of executions to a case pending before the United States Supreme Court, Baze v. Rees 07-5439, a Kentucky case in which the Supreme Court will consider whether the death penalty in Kentucky violates the Eighth Amendment's prohibition against cruel and unusual punishment. The lawyers in Baze argue that the way the death penalty in Kentucky is carried out, as well and many other states, constitutes cruel and unusual punishment because the first of three drugs injected does not render the inmate unconscious, thereby causing them to suffer excruciating pain when the heart stopping drugs are injected afterwards. Since the United States Supreme Court agreed to hear the Baze case, the court has stayed executions in at least 8 states pending a decision on the Baze case.

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.

Drug Charges Dismissed - Effective Cross Examination

At Grand and Central, aggressive cross examination of the police by Chicago criminal defense attorney John Ioakimidis, of Legal Defenders, PC., resulted in a finding of no probable cause and the case was dismissed. The client was originally charged with Possession with Intent to Deliver.

The police arrested our client after he fit a description of a person who was shooting a gun. The police then conducted a search of our client's alleged residence and found, in a shoe box, more than 40 grams of marijuana, baggies, scales and our client's ID's.

Our client was filled with joy knowing that he walked into Court facing serious felony charges and walked out a free man.

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.

Domestic Battery Charges Dismissed

Chicago criminal defense attorney, James Dimeas, a Chicago criminal defense attorney with Legal Defenders forced the prosecutor to dismiss all domestic battery charges against a young woman after Chicago criminal defense attorney, James Dimeas, a Chicago criminal defense attorney with Legal Defenders forced the state to proceed to trial. The young woman insisted that she had been wrongly charged with committing the crime of domestic battery. When the Chicago criminal defense attorneys at Legal Defenders forced the state to proceed to trial, the state was finally forced to admit that they could not prove their case and agreed to dismiss the charge of domestic battery. The client was relieved because prior to the case being set for trial, the state had offered the client a jail sentence in return for pleading guilty. Instead of going to jail, the young woman walked out of court a free woman thanks to the aggressive efforts of the Chicago criminal defense attorneys at Legal Defenders.

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.

Federal Drug Sentencing Supreme Court Decision

On December 10, the United States Supreme Court issued a significant ruling affecting thousands of defendants convicted of possessing and selling crack cocaine. Defendants convicted of violating Federal criminal laws are subject to being sentenced according to the Federal Sentencing Guidelines. The Federal Sentencing Guidelines are a set of sentencing rules and ranges compiled by the U.S. Sentencing Commission. Federal Judges are required to adhere closely to the sentencing guidelines when sentencing defendants in Federal criminal cases. For many years, judges and lawyers have complained that the Federal Sentencing Guidelines are unfair in that they punish defendants convicted of crimes involving crack much more severely than defendants with powder cocaine. The result has been a racial disparity. An example of the unfairness in the Federal Sentencing Guidelines is that the mandatory minimum sentence for an amount of crack was the same as for 100 times that amount of powder cocaine. This was commonly known as the 100:1 drug ratio. The racial disparity occurred because roughly 85% of defendants convicted of crack offenses are black whereas most defendants convicted of powder cocaine offenses are white.

The Supreme Court finally agreed with this problem with the Federal Sentencing Guidelines and ruled that Federal Judges could depart from the Guidelines and sentence defendants more fairly when dealing with crack cocaine. A few days later, the U.S. Sentencing Commission met and changed the Federal Sentencing Guidelines reducing the sentences of defendants convicted of crack offenses. The change is retroactive, meaning that after March 2008, roughly 20,000 defendants convicted of offenses involving crack will be able to petition their sentencing Judge to reduce their sentence. There are estimates that the average defendant will be able to have their sentence reduced by 27 months.

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.