Michael P. Schmiege

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Admitted to Practice Law

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Law Offices of Michael P. Schmiege

Firm Overview

People of the State of Illinois v. J.R.

Outcome: CASE DISMISSED

Description: The Defendant was charged with Possession of Cannabis with Intent to Deliver in violation of 720 ILCS 550/5(d). In that case the Defendant was a passenger in a vehicle and just conducted a drug deal where a large amount of cannabis was purchased. The vehicle was attempting to leave a private housing complex when it was stopped by the police. After being stopped the Defendant admitted that the cannabis was his and that he had just purchased it. If convicted the Defendant was looking at a Class 3 Felony sentence of 2-5 years in prison. Mr. Schmiege filed a Motion to Quash Arrest and Suppress Evidence stating that the manner in which the vehicle was stopped was illegal. A hearing was held on that motion and the Judge agreed that the stop and search of the Defendant and vehicle was without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure. The evidence was suppressed and the case was DISMISSED

People of the State of Illinois v. J.R.

Outcome: NOT GUILTY

Description: The Defendant was charged with Possession of a Controlled Substance with Intent to Deliver in violation of 720 ILCS 570/401(a) (2) (D). In that case the Defendant was a passenger in a vehicle that was stopped by the Illinois State Police and was found to contain 16 kilos of cocaine with an estimated street value of $1.5 million dollars. If convicted the Defendant was facing between 15-60 years in prison. The Defendant hired Mr. Schmiege to represent him and the case was taken to trial where the Defendant was found NOT GUILTY.

People of the State of Illinois v. H.V.

Outcome: CASE DISMISSED

Description: The Defendant was charged with Unlawful Use of a Weapon in violation of 720 ILCS 5/24-1. In this case the Chicago Police were patrolling an area after hearing a call of shots fired. The saw the Defendant walking down the street and observed a bulge in his waist band of his pants. Based on that observation the police stopped the Defendant and searched him and recovered a handgun from his waistband. Mr. Schmiege believed that the stop and search of the Defendant was illegal and filed a Motion to Quash Arrest and Suppress Evidence. A hearing was held on that motion and the Judge agreed that the stop and search of the Defendant was without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure. The evidence was suppressed and the case was DISMISSED

People of the State of Illinois v. F.A.

Outcome: CASE DISMISSED - Motion Granted

Description: The Defendant was charged with First Degree Murder. In that case the Defendant was allegedly the driver of a vehicle used in a drive by shooting. Witnesses identified the vehicle used in the shooting as one being similar to that of the Defendants. Chicago Police Detectives arrested the Defendant based on the similar vehicles and while in Chicago Police custody the Defendant confessed to his role in the shooting. If found guilty the Defendant would have a minimum of twenty years in prison. The Defendant hired Mr. Schmiege to represent him. After reviewing the evidence and speaking with the Defendant Mr. Schmiege realized that the Defendants statement was taken illegal and was coerced. Therefore, Mr. Schmiege filed a Motion to Quash Arrest and Suppress Evidence and Motion to Suppress Statements. After a lengthy hearing was held the Judge agreed with Mr. Schmiege that the arrest of the Defendant was without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure. The evidence was suppressed and the case was DISMISSED and the Defendant went home a free man. After the case was DISMISSED the Defendant filed a civil rights lawsuit under 42 U.S.C. § 1983 against the City of Chicago and that case is currently pending in Federal Court.

People of the State of Illinois v. T.M.

Outcome: NOT GUILTY

Description: The Defendant was charged with Possession of a Controlled Substance with Intent to Deliver in violation of 720 ILCS 570/401(c) (2). In that case the police received information that the Defendant was selling drugs from his car. The police set up surveillance and observed the Defendant retrieve a small white golf ball sized object from the side of a building and return to his vehicle which was being occupied by another individual. The Defendant then drove away and his vehicle was stopped and cocaine was recovered from the rear center consol. If found guilty the Defendant having been charged with a Class 1 Felony was facing 4-15 years in prison. Mr. Schmiege believed that the State could not prove that the Defendant had possession of the drugs and took the case to trial where to Defendant was found NOT GUILTY.

People of the State of Illinois v. S.A.

Outcome: NOT GUILTY

Description: The Defendant was charged with Possession of a Controlled Substance with Intent to Deliver in violation of 720 ILCS 570/401(a) (2) (D). In that case the Defendant was a passenger in a vehicle that was stopped by the Chicago Police and was found to contain 4 kilos of cocaine. The Chicago Police had information from a confidential source that the vehicle the passenger was in was going to be delivering a numerous kilograms of cocaine. If convicted the Defendant was facing between 15-60 years in prison. The Defendant hired Mr. Schmiege to represent him and the case was taken to trial where the Defendant was found NOT GUILTY

People of the State of Illinois v. J.G.

Outcome: NOT GUILTY

Description: The Defendant, a juvenile, was charged with Harassment by Telephone in violation of 720 ILCS 135/1-1, a Class A Misdemeanor. In this case the Defendant allegedly made hundreds of phone calls throughout all hours of the day and night to a classmate. If found guilty the Defendant was facing up to 365 days in jail. Mr. Schmiege believed that the Defendant's reasoning for making the calls was not with to harass as required by the statute, but for other reasons. The Judge agreed and the Defendant was found NOT GUILTY.

People of the State of Illinois v. C.H.

Outcome: NOT GUILTY

Description: The Defendant, a juvenile was charged with resisting arrest and obstruction of justice in violation of 720 ILCS 5/31-1. In that case the Defendant was suspected of having been involved in a fight and was ordered up against a police car. The Defendant refused and allegedly swung his arms in an attempt to defeat arrest. The Defendant was charged with Class A misdemeanors and if found guilty could have been sentenced up to a year in jail. The Defendant refused to plead guilty and maintained his innocence even after the State agreed to reduce the charge to Disorderly Conduct. Mr. Schmiege took the case to trial and casted doubt upon the officer's testimony and the Defendant was found NOT GUILTY.

People of the State of Illinois v. R.R.

Outcome: NOT GUILTY

Description: The Defendant was charged with Driving under the Influence of Alcohol in violation of 625 ILCS 5/11-501. In this case Chicago Police officer's allegedly observed the Defendant drive in a reckless manner, crash into three parked cars, stumble out of his car, have a strong odor of alcoholic beverage on his breath, slurred speech, blood shot eyes and had admitted to drinking. The Defendant was charged with a Class A misdemeanor and if found guilty was facing up to 365 days in jail and the possibility of having his licensed revoked. Mr. Schmiege believed in the client's innocence and took the case to a jury trial where the Defendant was found NOT GUILTY.

People of the State of Illinois v. N.S.

Outcome: NOT GUILTY

Description: The Defendant was charged with Assault in violation of 720 ILCS 5/12-2. In this case, the Defendant, a nursing student, allegedly got into an altercation with a fellow classmate and grabbed a knife in the school cafeteria an allegedly lunged at the alleged victim and threatens to kill her. The Defendant was charged with a Class C Misdemeanor Offense, which carries penalties of up to 30 days in jail. The Defendant was also in the United States on a Student Visa and risked losing the visa if convicted. Mr. Schmiege took the case to trial and through a cross-examination of the complaining witness cast doubt upon the story and the Defendant was found NOT GUILTY.

People of the State of Illinois v. D.P.

Outcome: NOT GUILTY

Description: The Defendant was charged with Attempted Murder of a Police Officer, Disarming a Police Officer, Aggravated Battery of a Police Officer and Aggravated Discharge of a Firearm. In this case the Chicago Police officers allegedly encountered the Defendant in an apartment in a CHA building and suspected that the Defendant had been packaging narcotics in that apartment. The Defendant then allegedly escaped the apartment and the officers and attempted to flee the building. According to the testimony and reports of the Chicago Police the Defendant encountered one of the officers in the buildings hallway, struggled with the officer, disarmed the officer and then shot the officer in the arm. The Chicago Police officer allegedly regained control of his weapon and the shot the fleeing Defendant in the back. The Defendant was charged with Class X Felonies and was facing a minimum of 20 years in prison. The Defendant maintained his innocence and hired Mr. Schmiege to represent him. Mr. Schmiege closely reviewed the evidence and found that there was no physical evidence corroborating the police officers story and in fact the reports of the other officers provided factual impossibilities to the victim's story. Mr. Schmiege took the case to jury trial where the Defendant was found NOT GUILTY on all counts and went home a free man to his family. After the finding of NOT GUILTY the Defendant filed a civil rights lawsuit under 42 U.S.C. § 1983 against the City of Chicago and that case is currently pending in Federal Court.

People of the State of Illinois v. F.S.

Outcome: NOT GUILTY

Description: The Defendant was charged with Possession of a Controlled Substance in violation of 720 ILCS 570/402(a) (2) (A) and Disorderly Conduct in violation of 720 ILCS 5/26-1. In this case the Defendant was allegedly intoxicated and acting in a disorderly manner at a bar in Cicero. The Defendant was arrested by the Cicero Police Department and during a search incident to arrest the Cicero Police Department allegedly found 2.5 grams of cocaine in the Defendants pocket. If found guilty the Defendant, having been charged with a Class 4 Felony, was facing 1-3 years in prison. Mr. Schmiege took the case to jury trial and argued that the drugs were planted by the police because the Defendant was acting in an unruly and disrespectful manner. The jury agreed and the Defendant was found NOT GUILTY.

People of the State of Illinois v. A.B.

Outcome: NOT GUILTY

Description: The Defendant was charged with Possession of Cocaine with Intent to Deliver in violation of 720 ILCS 570/401(a)(2)(A). In this case the Cicero Police Department executed a search warrant at the Defendant's residence and allegedly recovered over 100 grams of cocaine from a tool box underneath the bed the Defendant was sleeping in. After his arrest and the recovery of the cocaine the Defendant admitted that the cocaine was his and that he had been selling it. Based on the amount of cocaine and the residence location to a public park the Defendant was charged with a Class X Felony and was facing 6-30 years in prison. Mr. Schmiege believed that the Defendant was innocent of the charges and that his confession had been coerced. Mr. Schmiege took the case to jury trial and the Defendant was found NOT GUILTY and went home to his family a free man. After the finding of NOT GUILTY the Defendant filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Cicero and settled the case for a confidential monetary amount.

People of the State of Illinois v. B.G

Outcome: NOT GUILTY

Description: The Defendant was charged with numerous counts of Predatory Criminal Sexual Assault, Aggravated Criminal Sexual Assault and Criminal Sexual Abuse. In that case the Defendant allegedly did some very bad things to his two nieces. The Defendant maintained his innocence and hired Mr. Schmiege to represent him. If found guilty as charged the court would be required to impose a sentence of life in prison. The Defendant went to trial and Mr. Schmiege was able to cast doubt on the alleged victim's story and the Defendant was found NOT GUILTY.

People of the State of Illinois v. B.G.

Outcome: NOT GUILTY

Description: The Defendant was charged with numerous counts of Predatory Criminal Sexual Assault, Criminal Sexual Assault and Criminal Sexual Abuse. If found guilty the Defendant was looking at 6-30 years in prison. The Defendant maintained his innocence and hired Chicago Criminal Defense Attorney Michael P. Schmiege. Mr. Schmiege took the case to trial and the Defendant was found NOT GUILTY. April 2010.

People of the State of Illinois v. P.J.

Outcome: CASE DISMISSED - Motion Granted

Description: The Defendant was charged with Possession of a Controlled Substance a Class 4 Felony. If convicted the Defendant was facing 1-3 years in prison. In this case Chicago Police Officers received a tip that the Defendant was selling drugs on a street corner. The police officers relocated to the corner and stopped and searched the Defendant and recovered heroin. The Defendant hired Chicago Criminal Defense Attorney Michael P. Schmiege. Mr. Schmiege believed that the manner in which they stopped and searched the Defendant was illegal and in violation of the Defendants Fourth Amendment rights that prohibit unreasonable searches and seizures. Mr. Schmiege filed a Motion to Suppress Evidence which was granted by the trial court and the recovered heroin was suppressed and the State had no choice but to DISMISS the case. CASE DISMISSED.

People of the State of Illinois v. C.H.

Outcome: NOT GUILTY

Description: The Defendant was charged with the offense of Battery which is a Class A misdemeanor that is punishable by up to 1 year in prison and a fine of $2500.00. In this case the Defendant had an ongoing dispute with her neighbor over a fence line. The Defendant was alleged to have spit in the face of her elderly neighbor. The alleged victim and another witness testified and were cross-examined by Chicago Criminal Defense Lawyer Michael P. Schmiege. Through the cross-examination discrepancies of the victim and witness statements emerged and the Judge found the Defendant - NOT GUILTY.

People of the State of Illinois v. C.S.

Outcome: CASE DISMISSED

Description: The Defendant was charged with Aggravated Criminal Sexual Assault. In Illinois this is the crime of rape and is a Class 1 Felony that is punishable by 4-15 years in prison as well as mandatory registration as a convicted sex offender. The Defendant, a senior in high school, was alleged to have forcibly raped a freshman girl while on a date. The Defendant in fear of going to prison and spending the rest of his life as a convicted sex offender, immediately hired Chicago Criminal Defense lawyer Michael P. Schmiege to represent him.

People of the State of Illinois v. C.J.

Outcome: CASE DISMISSED - Motion to Supress Evidence Granted

Description: The Defendant was charged with Possession of a Controlled Substance with Intent to Deliver and Possession of Cannabis with Intent to Deliver in violation of 720 ILCS 550/5(d). In this case members of a Chicago Police Department Narcotics task force allegedly received information the Defendant was dealing drugs. The Chicago Police officers armed with that information set up surveillance on the Defendant when they observed the Defendant exit his residence, shove a plastic bag containing an object into his waistband and get in his car and drive off. The Chicago Police officers stopped the Defendant and ordered him out of his vehicle and recovered from his person a large amount of cannabis. The Defendant then signed consent to search his residence where the police found a large amount of cocaine. The Defendant was charged with a Class 1 Felony and if found guilty was looking at 4-15 years in prison. Mr. Schmiege believed that the Defendants constitutional rights had been violated and the stop of the Defendant was illegal so they filed a Motion to Quash Arrest and Suppress Evidence. The Judge agreed that the stop was illegal, without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure. The evidence was suppressed and the case was DISMISSED.

People of the State of Illinois v. M.G.

Outcome: CASE DISMISSED

Description: The Defendant was charged with numerous counts of Cruelty to Animals a Class A misdemeanor with a possible penalty of up to a year in jail. In that case the Chicago Police had received a complaint of a foul smell coming from an apartment. The police went to that apartment and forced their way in and found numerous animals in deplorable conditions. The Defendant was arrested and hired Mr. Schmiege. The Defendant maintained her innocence and actually had taken numerous animals off the street and was helping them to recover. Mr. Schmiege believed that manner in which the police entered her house was illegal and filed a Peyton Motion pursuant to Payton v. New York, 445 U.S. 573, 100 S. Ct. 1371 (1980) and argued that the warrantless entrance into the house absent barring exigent circumstances was illegal and the Judge agreed and the evidence was suppressed and the case was DISMISSED.