Aggravated Unlawful Use of a Weapon felony charges dismissed in Maywood after Motion to Quash Arrest granted and arrest of defendant thrown out.
People v. B.P.
- Chicago UUW lawyer, James Dimeas, represented an 18-year old client who was charged with a Class 4 felony for Aggravated Unlawful Use of a Weapon
at the Maywood Courthouse in Cook County. The client had a juvenile criminal record and the state had offered a plea agreement which would have required a one-year jail sentence for the client. Chicago UUW attorney, James Dimeas, met with the defendant and his family on several occasions. James Dimeas was informed that they lived in a high crime area in Maywood and that the defendant was being repeatedly harassed by the police for no reason. The family was actively trying to move out of the neighborhood and were in the process of saving the money necessary to move.
On the day of the arrest, the arresting officer was part of a group of officers from various police agencies, including the Cook County Sheriff's Office, that were patrolling a "high crime area" that was known for having guns and gangs. The officers approached a group of approximately 10 young men who were standing on a street corner in this "high crime area." James Dimeas's client was in that group of 10 young men. The client noticed the local arresting police officer as the same officer who had been harassing him in the past. The arresting officer testified that he made eye contact with the client and that the client looked away from him. The client began to walk away from the approaching police officers when the arresting officer asked him to come back to the group and to identify himself. The arresting officer testified that the client began running away as soon as the request was made. The arresting officer, along with several other officers, began chasing the client on foot. The foot chase lasted approximately 2 minutes. Several of the police officers testified that they saw the client putting his hands near his waist while they were chasing after him. Several of the officers testified that it appeared to them like the client was trying to take something out of his waist area. As the foot chase was ending, the officers testified that they lost sight of the client for a few seconds when he ran around a garage in an alley. After the client ran around the garage, he tried to climb over a fence but was unable to climb over the fence before the police arrived. The client was apprehended as he was trying to climb over the fence and placed under arrest.
While the police were placing the client under arrest, one of the officers noticed that a gun was protruding from underneath a barbecue grill that was next to the garage. The barbecue grill was located in the area in which the client was running that the officers testified they had lost sight of him. The officers recovered a loaded firearm under the barbeque grill and eventually charged the client with Unlawful Use of a Firearm (UUW).
Chicago UUW lawyer, James Dimeas, has been handling UUW cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County, for over-27 years. When he first met the client, the client explained his reasons for running from the police. The client explained that he has lived in that neighborhood his entire life. He, and his friends, had been harassed by the local police for several years. He had previously filed a misconduct complaint against the arresting officer because of prior misconduct by that police officer. The misconduct complaint was dismissed, however, acts of harassment by the same police officer against the client continued after the misconduct complaint had been dismissed. The client had a deep distrust of the local police and was fearful that he would be harmed if he was stopped by the police. When he made eye contact with the arresting police officer, he was gripped by fear and began running. He continued running because while he was being chased, the police officers were calling him names and were threatening to inflict great bodily harm on him if they caught him. The client denied that he had a gun on him and had no idea how the gun ended up underneath the barbecue grill.
After Chicago UUW attorney, James Dimeas, received and reviewed all of the police reports in the case, he filed a Motion to Quash the Arrest alleging that his client had been arrested without a warrant and without any probable cause that he had committed a crime. Chicago UUW attorney, James Dimeas, called the arresting officer to the stand and had him testify that he did not have an arrest warrant to arrest his client and that he did not see his client in possession of a gun. Once Chicago UUW lawyer, James Dimeas, established those two things, the burden shifted to the state to prove that the police officers had probable cause to place his client under arrest, or that an exception to the requirement that the police have an arrest warrant applied to the case. Chicago UUW attorney, James Dimeas, was able to cross-examine all of the police officers that were called to testify by the state. James Dimeas was able to show that none of the police officers saw his client in possession of a firearm. None of the police officers witnessed his client throw a gun under a barbecue grill. While all of the police officers believed that the gun that was found under the grill was thrown there by his client, none of the police officers had any direct evidence proving that the gun was thrown under the grill by his client. The officers only had a hunch that was not based on any specific articulable facts. UUW lawyer, James Dimeas, argued that a hunch is not probable cause.
After the court heard all of the testimony and arguments, the court agreed with Chicago UUW lawyer, James Dimeas, and granted the Motion to Quash Arrest. This means that the court agreed with Chicago UUW lawyer, James Dimeas, that the police placed his client under arrest illegally. As a result, all of the evidence that was obtained by the police after they illegally arrested his client would not be allowed into evidence at trial. The prosecutor had informed UUW lawyer, James Dimeas, that the police had allegedly obtained a confession from his client after he was taken to the police station. The alleged confession was an oral statement that was allegedly made to one of the police officers at the police station. Because the Motion to Quash Arrest had been granted, that statement could not be allowed at trial.
Because UUW lawyer, James Dimeas, was successful in winning the Motion to Quash Arrest, the state was forced to dismiss the Aggravated UUW charges against his client. James Dimeas's client had been accepted for admission to a college in downstate Illinois. If UUW lawyer, James Dimeas's client had been convicted of the UUW charges, he would have been faced with the very real possibility of going to jail. If he been convicted of a felony he may have been eligible to receive federal student aid. Instead, UUW lawyer, James Dimeas's client is no longer living in the "high crime area" and is attending college and has a bright future ahead of him.
James Dimeas has been handling UUW and Aggravated UUW gun cases throughout Chicago
, Cook County
, DuPage County
, Kane County
, and Lake County
for over-27 years. James Dimeas is a nationally-recognized, award-winning, UUW attorney and published author. The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago." James Dimeas was named a "Best DUI Attorney." The American Institute of Criminal Law Attorneys named James Dimeas a "10 Best Attorney for Client Satisfaction." Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018, 2019, and 2020." Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois," and the award for "DUI Defense Top 10." The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." AVVO rates James Dimeas as "Superb," 10 out of 10, the highest rating possible for any UUW and Aggravated UUW lawyer in the United States.
If you are facing UUW charges, you can contact
Chicago UUW lawyer, James Dimeas, anytime for a free and confidential consultation. You can always speak to James Dimeas personally
by calling 847-807-7405
. James Dimeas has the experience and the proven track record to help you win your gun case!