If you are facing drug possession charges in Illinois, it is important to remember that being charged with a crime does not necessarily lead to a conviction. You and your attorney can come up with an effective defense strategy that can help you avoid some or all of the serious criminal consequences that come with a drug crime conviction.
Many drug-related arrests follow a search of the accused person's home or vehicle. In some cases, however, officers will perform a search in violation of the accused's Fourth Amendment rights. Under the Fourth Amendment, U.S. citizens are protected against unreasonable searches and seizures of their homes. In other words, if an officer performs a search without probable cause to do so, any contraband he or she finds may not be used in the case against the accused.
Many Illinois drivers assume that they can only get charged with a DUI if their blood alcohol content level is .08 or higher. However, according to 625 ILCS 6/11-501, it is also against the law for a person to drive a vehicle if they are under the influence of alcohol to a degree that prevents them from driving safely or are under the influence of drugs.
Many states across the country have legalized marijuana for both medical and recreational use. While medical marijuana is legal in Illinois, growing or possessing marijuana, in any form, for recreational purposes is illegal and can result in criminal charges.
Possession of an illegal substance is a crime, but possession with the intent to distribute is an even more serious criminal offense. Under the Illinois Controlled Substances Act, knowingly possessing, manufacturing and delivering controlled substances can result in criminal charges.
If you are facing drug possession charges, the prosecutor on your case likely wants to get a conviction. In order to do so, he or she is legally required to prove the elements of the charges against you beyond a reasonable doubt.
Many transactions involving illegal drugs cross state lines, with the seller of the drugs travelling to the place where the transaction is intended to occur. For this reason, law enforcement agencies from various states and the federal government often cooperate in the investigation of these operations. A joint operation involving agents from the Drug Enforcement Administration (DEA) and the states of Illinois, Kentucky and Missouri recently announced that it had arrested 8 suspects and recovered $700,000 worth of methamphetamine.
Use and sale of methamphetamine in Belleville and the surrounding areas in Illinois has become increasingly problematic. Law enforcement is taking major steps to find and arrest those who are involved in its manufacture and sale. With that will come charges and the possibility of fines and jail time, if there is a conviction. The charges can vary based on how much the person has in his or her possession, if it was meant for sale, and if there are other crimes alleged along with it. Having legal assistance in all circumstances is critical to lodging a strong defense.
When a drug suspect is arrested, the duration of immediate incarceration often depends upon the person's ability to post whatever bond is ordered by the court. Occasionally, the requirement of posting a bond will be waived by the court, and the suspect may leave police custody immediately, with the only condition being that the person return for the preliminary hearing. In a recent case involving a suspected drug dealer, a federal magistrate overruled a state court order for a bond and allowed the suspect to be set free.