Robert J Callahan | Chicago, IL Criminal Defense Lawyer | Attorney
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  • What happens when the Police claim your car smells like weed?
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Recent Criminal Case Victories

Call (312) 322-9000 and Start Fighting for Your Rights.

Click on the criminal defense case victory links below to learn more about how we won each case.

Recently Won Cases

(Actual Dates and Cases)

December 2020

Aggravated Unlawful Use of Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR

Driving While License Suspended – CASE DISMISSED

Unlawful Use of Weapon Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of Weapon- Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR

Aggravated Unlawful Use of Weapon- Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR

Aggravated Speeding- Class B Misdemeanor – REDUCED TO PETTY TRAFFIC TICKET

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED

No Stalking Petition – VACATED

Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE

Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense – CASE DISMISSED

Petition for Governor’s Pardon and Clemency – PETITION GRANTED

Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

MARCH to JUNE COURTS CLOSED DUE TO COVID-19

APRIL 2020

Violation of Order of Protection- Class A misdemeanor – CASE DISMISSED

Leaving the Scene of Accident- Class A misdemeanor – CASE DISMISSED

Felony Sealing – GRANTED

Felony Gun Case Sealing – GRANTED

Battery- class A misdemeanor – CASE DISMISSED

Aggravated Sexual Abuse Investigation – NOT CHARGED

March 2020

JB – Class X- MDMA/Ecstasy Possession with Intent to Deliver – looking at 6-30 years IDOC – CASE DISMISSED

Disorderly Conduct – CASE DISMISSED

Misdemeanor – CASE DISMISSED

February 2020

MF -1st Degree Murder – ACQUITTED

Battery to a child – CASE DISMISSED

Order of Protection – CASE DISMISSED

Possession of Cannabis – Class 4 Felony; Unlawful Possession of Weapon – CASE DISMISSED

Deceptive Practices – Class 4 felony – CASE DISMISSED

DUI – REDUCED TO RECKLESS DRIVING

January 2020

AW – Aggravated Arson-class X – Dismissed

Criminal Trespass to Land – Class A Misdemeanor – CASE DISMISSED

December 2018

Possession of Controlled Substance- Class 4 Felony – CASE DISMISSED

Possession of Cannabis – Class 4 Felony & Unlawful Use of a Weapon – Class A Misdemeanor – DISMISSED

November 2018

Battery – Misdemeanor – BENCH TRIAL- NOT GUILTY

Battery – Misdemeanor – CASE DISMISSED

Battery and Obstruction of Justice – CASE DISMISSED

People v. GK, Agg Speeding – Misdemeanor – REDUCED TO PETTY OFFENSE

DUI – REDUCED TO RECKLESS DRIVING

People v. AN, DUI – REDUCED TO RECKLESS DRIVING

October 2018

Battery – CASE DISMISSED

Assault – CASE DISMISSED

Felony Class 4 possession of a controlled substance – CASE DISMISSED

Disorderly conduct – CASE DISMISSED

Felony aggravated DUI – NOT GUILTY

September 2018

Felony Class 3 criminal fortification of a residence or building – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 4 felony possession of heroin – CASE DISMISSED

Domestic battery – CASE DISMISSED

Violation of an Order of Protection – DISMISSED

Battery – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of cocaine – CASE DISMISSED

August 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

July 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

Driving on a suspended license – CASE DISMISSED

Possession of marijuana – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

June 2018

DUI – Misdemeanor – DISMISSED ON MOTION TO DISMISS 06/2018

Battery Misdemeanor – DISMISSED

Civil Forfeiture – HEARING WON – CAR RETURNED

May 2018

Pardon – GRANTED W/ LEAVE TO EXPUNGE

Battery Misdemeanor – DISMISSED – CONVINCED STATE IT WAS SELF DEFENSE

Expungement – EXPUNGEMENT GRANTED

April 2018

Executive Clemency Petition (AKA Governor’s Pardon) for Class 2 felony burglary – GRANTED

Battery – CASE DISMISSED

March 2018

Class 2 unlawful use of a weapon by a felon – NOT GUILTY

February 2018

Domestic battery – CASE DISMISSED

January 2018

Domestic battery – CASE DISMISSED

December 2017

Class 4 felony possession of a controlled substance – FINDING OF NO PROBABLE CAUSE AT PRELIMINARY HEARING – CASE DISMISSED

Class X Felony Cannabis Case – NOT GUILTY

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Testimonials

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What happens when the Police claim your car smells like weed?

October 12, 2017 / Robert J Callahan / Blog
0
In today’s criminal defense world, the increasing use of video footage seems like a potential holy grail for a client’s case, but what about evidence that literally cannot be seen? Sure, a camera can directly refute a baseless traffic stop or improper actions by officers, but what about a smell? A camera is useless in such a fight.   “Upon approach of the vehicle, responding officer smelled a strong odor of marijuana.” Ask any seasoned criminal defense attorney and they’ve heard this line too many times to count. Officers know they can claim the smell of weed and search the vehicle? It’s a highly effective investigative tool that often pays off. But it’s not bulletproof.  So what is the law and how can you use it to meet this challenge?   Simply put, the smell of cannabis in a vehicle gives an officer probable cause to search the vehicle, its contents, and everyone in it. People v. Stout, 106 Ill. 2d 77 (1985).  People v. Williams, 2013 Il App (4th) 110857, Wyoming v. Houghton, 526 U.S. 295 (1999). If an officer tells you that he or she detects the odor of cannabis, be polite, remain silent, and realize that they will search your car. This is not where the battle is fought.   Don’t be this guy: https://www.youtube.com/watch?v=jcbrfGTqbqA. Don’t try to engage in a legal debate with the officers. Don’t put your family through the trauma of witnessing you getting tased and arrested. You are not going to win this battle with the police. You will, however, “win” new charges that will likely hold up in court.   Right or wrong, if the officer says those magic words, they are going to search you and your vehicle. The best thing you can do is remain calm and politely respond to basic identifying information. You can also ask them if you are free to leave and why they are searching you/your car. Tell them (nicely) you do not consent, but stop there. Anything further may not be in your best interest. You do have a right to not incriminate yourself, use it in this situation. It will help in the battle to come.   In Illinois, three issues often arise when analyzing drug and/or other criminal offenses resulting from a traffic stop: 1. The legal justification for the stop aka traffic violation; People v. Rush, 319 Ill.App.3d 34, (2001); 2. Whether the stop is unreasonably prolonged beyond the time necessary to complete the mission of the traffic stop. Rodriguez v. United States, 575 U.S. ___ (2015). 3. A person’s knowledge of, and ability to, control the contraband. People v. Schmalz, 194 Ill.2d 75, 82 (2000).    

Why You Need An Experienced Criminal Defense Lawyer:

With proper representation, these types of searches can be challenged in numerous ways. At Robert Callahan & Associates, we employ a multi faceted investigative technique to challenge such a search and arrest by:  
  • Investigating the Stop-Gathering & validating the evidence that claims to support the reason you were detained or the vehicle stopped;
  • Challenging the smell- Is there any evidence to suggest the officer is using this excuse as a pretext or has doubts? People v. Abdur-Rahim, 2014 IL App (3d) 130558;
  • Investigating Knowledge-Identifying evidence that could show you were not aware of the contraband;
  • Analyzing the Investigation- making sure officers followed the law and all proper procedures in a reasonable and timely manner;
  • Thorough review of all the evidence-Upon representation, we will immediately begin working on obtaining the alleged evidence and researching its application to the law for your specific case.
  You may not be able to stop an officer from searching your car if they claim to smell marijuana but you may be able to stop the consequences of what happens next.  While the smell of marijuana may be enough to justify a search of a vehicle and its passengers, your rights don’t stop. Anyone facing this situation needs immediate consultation from an experienced criminal defense attorney. With 23 years of criminal defense advocacy, Robert Callahan & Associates is here to help.
Criminal Defense, marijuana, weed

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Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



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