Victory in Felony Gun Case: Suppression Hearing Win Leads to Not Guilty Verdict
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At Andy Sotiropoulos & Associates, we focus on DUI defense, but we also handle a wide range of criminal cases across Cook, DuPage, Lake, Will, Kane, Kendall, and DeKalb counties. A recent case highlights the importance of challenging unlawful police stops—a key defense strategy that applies not just to felony charges but also to DUI cases.
On February 8, 2022, I secured a Not Guilty verdict for a client charged with Aggravated Unlawful Use of a Weapon (UUW), a serious felony offense in Illinois. The prosecution aggressively sought a prison sentence, but a successful suppression hearing revealed a critical flaw in the case: the police lacked legal justification for the initial stop and detention. This victory underscores how procedural errors by law enforcement can lead to suppressed evidence and, ultimately, dismissed charges.
Challenging an Unlawful Detention:
No Reasonable Suspicion at Traffic Stop
A suppression hearing is a critical stage in many criminal cases, including DUI and weapons charges. It allows the defense to challenge whether law enforcement followed proper legal procedures when stopping, searching, or arresting a suspect. If the court determines that an officer violated constitutional rights, any evidence obtained as a result of that violation may be thrown out.
In this case, I meticulously examined the circumstances of my client’s detention and determined that the officers did not have a valid legal basis for stopping him. I cross-examined the arresting officers and highlighted inconsistencies in their testimony. The prosecution struggled to justify the stop, and after presenting strong legal arguments, the judge ruled that the detention was unconstitutional.
With the state’s key evidence suppressed, the prosecution’s case collapsed. At trial, there was no choice but to find my client Not Guilty.
DUI Cases: Why Reasonable Suspicion Matters
The concept of reasonable, articulable suspicion plays a crucial role in criminal defense. Law enforcement cannot simply stop and detain individuals without specific, objective facts suggesting criminal activity. This legal standard applies not only to weapons offenses but also to DUI cases, where police officers must have a valid reason for initiating a traffic stop.
Many DUI cases begin with a questionable traffic stop. If an officer pulls someone over without proper justification, any evidence gathered afterward—such as breathalyzer results, field sobriety tests, or statements—may be subject to suppression. This can significantly weaken the prosecution’s case and, in some instances, lead to a complete dismissal of the charges.
Weapons Charges & DUI Defense: The Connection Between the Two
While this recent case involved a weapons charge, the legal principles behind the defense strategy are the same ones used in DUI defense. The prosecution must prove that the initial stop was lawful. If the police violated constitutional rights by conducting an illegal stop, search, or arrest, the defense can challenge that evidence in court.
This is especially important in counties like Cook, DuPage, Lake, Will, Kane, Kendall, and DeKalb, where law enforcement aggressively pursues DUI convictions. Many drivers are stopped without proper legal justification, and unless these stops are challenged, the evidence obtained during those stops will be used against them.
FAQ: Suppression Hearings & DUI Defense
What is a suppression hearing in a DUI case in Chicago, Illinois?
A suppression hearing is a pretrial proceeding where the defense challenges the admissibility of evidence. If law enforcement violated your constitutional rights, any evidence obtained as a result—such as breathalyzer results or police testimony—may be excluded from trial. Suppression hearings are especially important in DUI cases, where a case often depends on whether the initial traffic stop was legal. A successful suppression motion can dramatically weaken the prosecution’s case and even lead to the outright dismissal of the charges.
How does reasonable suspicion apply to DUI stops in Illinois?
Under Illinois law, an officer cannot pull someone over randomly or based on a hunch. They must have specific, objective facts to justify the stop, such as erratic driving, speeding, failing to signal, or another traffic violation. If the officer lacks reasonable suspicion, the stop may be challenged in a suppression hearing, potentially leading to a dismissal of the DUI charge.
Can a DUI charge be dismissed due to an unlawful stop in Illinois?
Yes. If a police officer stops a driver without reasonable, articulable suspicion, any evidence gathered afterward—such as breathalyzer results, field sobriety tests, or admissions of drinking—may be inadmissible in court. This could lead to the case being significantly weakened or completely dismissed. The same legal principle applied in the felony weapons case discussed earlier also applies to DUI stops. Challenging the legality of the stop is often one of the strongest defenses in a DUI case.
How an Aggressive Defense Can Lead to Case Dismissals
Winning a criminal case often depends on the ability to scrutinize police conduct and expose any constitutional violations. Many people facing DUI or other criminal charges assume they have no defense, but the reality is that law enforcement makes mistakes—and those mistakes can mean the difference between a conviction and a dismissal.
By analyzing every detail of a case, from the initial stop to how evidence was handled, an experienced attorney can uncover procedural errors and use them to fight back against unjust charges. Whether the case involves DUI, weapons charges, or another serious offense, a strong legal strategy can be the deciding factor.
Facing DUI or Criminal Charges?
Get the Defense You Deserve
If you have been arrested for DUI, a weapons offense, or any other criminal charge, you need an attorney who understands how to challenge police procedures and protect your rights. At Andy Sotiropoulos & Associates, we have extensive experience defending clients in Cook, DuPage, Lake, Will, Kane, Kendall, and DeKalb counties, and we are committed to fighting for the best possible outcome in your case.
Contact our office today to schedule a consultation. A well-prepared defense can mean the difference between a conviction and walking free.
