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Aggravated UUW - Cook County - Motion to Quash Arrest Granted - Case Dismissed

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. - Cook County 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. Cook County UUW attorney, James Dimeas, had met with the defendant and his family on several occasions. The client, and his family, had informed Mr. Dimeas that they lived in a high crime area in Maywood and that the defendant was being harassed by the police for no reason. The family was actively trying to move out of the neighborhood and was 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 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. 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 and eventually charged the client with Unlawful Use of a Firearm (UUW).

Cook County UUW lawyer, James Dimeas, has been handling UUW cases throughout Cook County, DuPage County, Lake County, and Kane County, for 25 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, have 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, and 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 a barbecue grill.

After Cook County 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. UUW attorney, James Dimeas, called the arresting officer on 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 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.  UUW attorney, James Dimeas, was able to cross-examine all of the police officers that were called to testify by the state. He 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 UUW lawyer, James Dimeas, and granted the Motion to Quash Arrest. This means that the court agreed with 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 would 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.

UUW lawyer, James Dimeas, is an award-winning criminal defense lawyer with 25 years of experience handling UUW cases throughout Cook County, DuPage County, Kane County, Lake County, and Kane County. The American Institute of Criminal Law Attorneys has recognized James Dimeas as a "10 Best Attorney for Client Satisfaction." The National Trial Lawyers have recognized James Dimeas as a "Top 100 Criminal Defense Trial Lawyer." James Dimeas has been recognized as a "Best DUI Attorney" and a "Best Criminal Defense Lawyer in Chicago" by Expertise. UUW lawyer, James Dimeas, is rated "Superb" by AVVO.

 If you are facing UUW charges, you can contact UUW lawyer, James Dimeas, anytime for a free and confidential consultation. James Dimeas can always be reached at 847-807-7405.

Client Reviews
I got into an argument with my ex-boyfriend. One thing led to another and when he came close to me I pushed him away. He called the police and when I spoke to the police I told them that I pushed him without realizing that you don't have to hit someone to be charged with a Domestic Battery. Being arrested was terrifying. I spoke to several attorneys who promised they would win the case and were charging a ridiculous amount of money. A friend referred me to James Dimeas. He was straightforward and honest with me and charged me a very reasonable and affordable fee. He got me into the Kane County Deferred Prosecution Program. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. I highly recommend Jim Dimeas. He is an honest and straightforward lawyer that will look out for your best interests.
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Had a DUI and hired a lawyer who lived in my building that I knew for years and trusted. Thought he was my friend. Paid him (more than I should have) and he handled my case for almost a year and totally screwed it up. I fired him and found out that he had given up his law license around the time I hired him. A friend recommended James to me and he took over my case and handled it the way it should have been handled from the beginning. I cannot stress how HIGHLY I recommend James Dimeas. I wish I would have hired him from day one. He answered all my calls and text messages and cleaned up a royal mess that had been created by the previous guy that I thought was a lawyer. I consider James to be a friend and recommend him to all of my friends. What a great lawyer and an even better guy! J.P.
★★★★★
I had been accused of doing something, by my then wife, that I did not do. I was 100% innocent and was at the lowest point in my life. My mother told me to call James Dimeas. Her friend recommended him to her. James fought for me in court and refused to back down, even when the prosecution offered to lower the charges and make me plead guilty. I refused to plead guilty to something I did not do. The case went to trial and James won my case. I was found not guilty because I was NOT GUILTY. I HIGHLY RECOMMEND JAMES DIMEAS! Not only is he a great lawyer, but he is also a great human being. The truth shall set you free! C.D.
★★★★★
James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. He will go above and beyond what he needs to do to help you out. Sometimes I would text him in the evening or the weekend with a question and he would always respond. Really made me feel like he cared about me. When we went to court he tore apart the girl that was making false allegations against me and he won my case. That was one of the greatest day of my life. If you need legal help, the only lawyer should call is James Dimeas. Highly recommended! E.L.
★★★★★
I am so lucky to have stumbled upon this great attorney. I made a really stupid mistake at the worst time. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. I could not leave for Basic Training until the case was dismissed and Jim made some calls and got the case dismissed. What a great guy. I’m so lucky I found him online and called him! Somebody was looking out for me. J.S.
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