Belleville Criminal Defense Blog

Many people who are arrested for driving under the influence are concerned about having a conviction on their criminal record. However, there are many ways to have the charges dismissed. A criminal defense attorney in your area can inform you on possible defense strategies you can use to potentially have your charges dismissed.

One common defense strategy used in Illinois DUI cases is establishing that the traffic stop was invalid. When an officer stops your vehicle, the law requires that the officer has reasonable suspicion that you or your vehicle was involved in a crime of some kind. In most cases, that means the officer observed you violating a traffic law (e.g. speeding, running a stop sign) or observed a mechanical violation (e.g. broken taillight) on your vehicle. However, if an officer stopped you without reasonable suspicion, they have violated your Fourth Amendment rights and the traffic stop will be considered unlawful. That means that your attorney can file a motion to exclude any evidence of your intoxication that was gathered during the unlawful stop.

If you are accused of committing a drug-related crime, you could face criminal charges in the state of Illinois. Minor drug crimes, such as possessing a small quantity of marijuana, will generally result in misdemeanor charges. However, more serious drug crimes, such as possession of heroin with the intent to distribute, typically result in felony charges.

Under 720 ILCS 570/402, anyone convicted of a drug crime in Illinois can face jail time, as well as serious financial penalties.

If one has been charged with a DUI, an Illinois criminal defense attorney can evaluate the case and help determine what the next steps should be. Many DUI cases end before trial, when the defendant agrees to enter into a plea bargain. In some cases, the prosecuting attorney on the case may offer to reduce the severity of the charge or lighten the sentence one face, if one accepts a plea deal and agree to plead guilty. In other cases, one may agree to plead guilty to the charges in exchange for a lighter sentence, if the evidence is significant.

Plea bargains come with positives and negatives, and a DUI defense may or may not be as effective as these bargains. Accepting a plea deal can be very beneficial to many defendant, as it means that they will have less serious offenses on their record and often, less serious penalties.

Two men reportedly were charged with unlawful possession of a controlled substance with intent to deliver after the DEA found heroin on the lot of their used car dealership in Illinois. The owner of the dealership and another employee were taken into custody after DEA agents raided the dealership and found a kilogram of heroin inside one of the lot vehicles. According to the state's attorney on the case, one kilogram of heroin could be worth $200,000 to $300,000 on the street and could cause a significant number of deaths. The men are now facing 15 to 60 years in prison and are currently being held on $300,000 bond.

Most drug possession crimes can be broken down into two main components. First, one must have simple possession of the controlled substance on one's person or stored in a place to which one has immediate access or control of. If a drug is proven to be in one's possession, prosecutors will look for evidence of the second component: the intent to distribute, sell or deliver the drug. This evidence may include large quantities of the drug, weapons, large amounts of cash or items generally relating to drug distribution (e.g., scale, baggies).