Armed Habitual Offender, Unlawful Use of Weapons, Possession of cocaine with Intent to Deliver
The Chicago Police Department obtained a search warrant for my client’s residence after they received information that he had guns and drugs in there. Approximately 12 Chicago Police Officers came and searched my client’s entire residence. In the basement they found a loaded .22 caliber handgun. Next to the gun they found “proof of residency” documents with my clients name and address on them. A further search revealed 92 grams of crack cocaine, heroin, zip lock baggies and cash. My client made statements regarding him residing in that apartment. I filed a motion to suppress his statements. The prosecutor knew my arguments regarding his statements were correct and therefore agreed not to use any statements he made. Since he was charged as an Armed Habitual Offender, the case was a Class X felony and carried 6-30 years in prison. In addition, whenever an individual goes to prison for an Armed Habitual Offender, they must serve 85% of the time. The prosecutor offered my client 12 years in prison because of his background. I said “no way” and we went to trial. I cross-examined the officers and proved to the judge that no officer saw my client in actual possession of the gun or drugs. I showed that anyone who was in the home could have been responsible for the gun and drugs being there. I argued to the judge that there was no way the State of Illinois proved that those items belonged to or was possessed by my client. The judge agreed and found my client NOT GUILTY OF ALL CHARGES after trial!