Recently the U.S. Supreme Court has taken up the issue of when a dog sniff search of a vehicle is legal in U.S. v. Rodriguez, the Illinois Court’s have taken this ruling and applied it to Illinoisans through People v. Pulling.
In a recent case, a dog sniff done in correlation with a routine traffic stop resulted in the discovery of between 500-2000 grams of cannabis and some evidence of selling (a class 2 felony). After preparing a Motion to Quash Arrest, and Suppress Evidence the State Attorney on this particular case understood that the potential for all of the evidence to be suppressed was a very real possibility.
Based on this, the amount of cannabis was reduced by agreement to 10-30 grams, with the intent to deliver which makes the charged offense a Class 4 Felony. This also means that the Defendant is then eligible for 720 ILCS 550/10, or traditionally known as Chapter 10 or 4/10 probation.
A judgment is deferred and if someone completes the 24 months of probation, the charge is dismissed leaving someone that was at one point facing a potential sentence of 3-7 years in prison will be able to avoid a felony conviction in the entirety and not see even a single night in a jail or prison. It’s important that when you’re seeking legal representation you use an attorney that is constantly staying up to date on how cases nationally can impact cases at the local county level.
- Intent to Deliver/Manufacture/
- 720 ILCS 550/10/