No Probable Cause For Drug Case
By: James G. Dimeas | Sep 20, 2013 | Recent Victories |
I was able to persuade a Judge at the Bridgeview Courthouse in Cook County that there was no probable cause to charge my client with Possession of a Controlled Substance. My client, who has a lengthy criminal record, was facing mandatory prison time if he had been convicted in this drug case. The police officer testified that he pulled over my client's vehicle for a minor traffic violation. The officer claimed that he suspected that my client had been using drugs so he pulled my client out of the car and searched him and the vehicle. He eventually found a couple of small packets of cocaine in the rear seat area of the vehicle. The officer was unable to specifically testify as to what led him to believe that my client had been using drugs and was forced to admit on the stand that the vehicle my client was driving was not registered to him. As a result, the judge found that the state lacked sufficient probable cause to charge my client with a crime and the drug charges were dismissed.