Archive for the ‘drug charges’ Category

A Drug Crime Conviction Could Lead to You Being Deported

April 21st, 2017 at 9:30 am

drug crime conviction, Rolling Meadows Drug Crimes Defense LawyerMany people who live in Rolling Meadows and the surrounding communities do not have United States citizenship. These individuals are living in the U.S. on a visa or as a permanent resident, or because they hold a green card. Immigrants who are in the United States legally, or even illegally, and find themselves in trouble with the law over drug offenses could face deportation or removal from the country if they are convicted.

Non-U.S. citizens who are deported are often prevented from reentering the country again for many years after their deportation. Often times, non-U.S. citizens who are convicted for drug crimes involving controlled substances or methamphetamines are more likely to be deported or removed from the country than someone who is convicted for marijuana possession based on small quantities of marijuana. The harder and more addictive the drug that is involved in the crime, the more serious the consequences may be upon conviction.

The Challenges of Deportation

When a non-U.S. citizen (also known as a foreign national or a legal alien) is convicted for a drug crime in Illinois, deportation from the United States is often one of the most serious consequences for his or her criminal activity. Deportation back to a native country can be a big problem for someone who is convicted for a drug crime, especially if he or she does not know anyone in his or her native country, has no family connections in his or her native country, or does not speak his or her native country’s language. Not only that, but it is very likely that the immigrant has built a life in the United States. He or she most likely has family, friends, a job, and a life here in Illinois and he or she could lose it all if convicted with drug charges.

Fight Your Drug Charges to Avoid Deportation

The best way to avoid being deported is to not be convicted on your drug charges. If you are not convicted, then the federal government does not have grounds to force your deportation or removal from the country. Getting the drug charges against you dropped or dismissed is your best bet.

By working with an experienced drug crimes defense lawyer, you will give yourself your best shot at success for beating your charges. An experienced criminal defense lawyer will review the facts of your case and your arrest and will identify each possible grounds for defense. Together, you and your lawyer will decide on a defense strategy.

Reach Out to Us for Help

More often than not, first time offenders who are convicted of minor drug offenses often avoid being deported. However, there is no guarantee that you will not be deported if you are convicted of a drug related offense in Illinois. Drug charges need to be taken seriously, and especially so if you are not a U.S. citizen. Please do not hesitate to contact a passionate Rolling Meadows drug crimes defense attorney immediately for assistance with your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

Facing Life in Jail for a Drug Crime

April 17th, 2017 at 9:16 am

drug crime, Rolling Meadows Criminal AttorneyWhen many people think about drug charges, they incorrectly assume that a conviction is not a serious matter. For instance, most minor marijuana-related offenses are only punishable by a civil fine, and most low-level drug offenses are misdemeanors. With the stakes so low, people are often not worried if they get caught by the police. However, it is possible for you to go away to jail for life over a drug offense, which is not something that should be taken lightly.

Circumstances Where You Could Face Life in Prison for a Drug Conviction

There are several circumstances when it comes to drug-related crimes that could land you in jail for the rest of your life if you are convicted. Not only could you be facing state drug laws, but you could also be facing federal drug laws, which are often more strict and carry tougher penalties.

Being Caught in Possession of Large Amounts of Cocaine

If you are caught with more than 100 grams of cocaine in your possession, even if you are a first time drug offender, then you could be sentenced to the rest of your life in jail (you could be sentenced from anywhere between 30 to 50 years in jail, which reasonably could be the rest of your lifetime). What seems patently unfair about being sent to jail for the rest of your life over a drug possession charge is that typically no one gets hurt during the commission of a drug possession crime.

Conversely, if you are caught by Illinois law enforcement with a large quantity of a cocaine mixture in your possession, and someone has died or suffered serious bodily injury as a result of your drug activities, you could face up to life in prison.

Caught Trafficking a Large Quantity of a Drug

Under federal drug laws, you can be sentenced to life behind bars if you are caught trafficking a large quantity of any of the following:

  • Cocaine mixture (500 or more grams);
  • Cocaine base (28 or more grams);
  • Fentanyl (40 or more grams);
  • Fentanyl analogue (10 grams or more);
  • Heroin (100 grams or more);
  • LSD (1 gram or more);
  • Methamphetamine (5 grams or more of pure methamphetamine, or 50 or more grams of a methamphetamine mixture); and
  • PCP (10 grams or more of pure PCP, or 100 or more grams of a PCP mixture).

Discharged Firearm Causes Death or Injury During a Drug Crime

If you are responsible for using and discharging a firearm during the commission of a drug-related offense, and someone is injured or killed as a result, you can be punished for your crimes by being given a sentence of life behind bars.

Drug Charges Are Serious. Call Us

If you are arrested for drug offenses, depending on what you allegedly did, you may face charges under state and federal law. You will need help fighting the drug charges that are levied against you. Make sure to contact a skilled Rolling Meadows criminal attorney for assistance.

Source:

https://www.dea.gov/druginfo/ftp3.shtml

Are Synthetic Drugs Illegal in Illinois?

March 27th, 2017 at 8:26 am

synthetic drugs, Rolling Meadows Drug Offenses AttorneyIn just the past few years there has been a dramatic increase in the volume of synthetic drugs available on the streets of Illinois. Synthetic drugs, also sometimes referred to as designer drugs, are substances that mimic the effect of illegal drugs and that fall outside of the regulatory authority of the Food and Drug Administration. They often contain controlled substances and because there are so many different types and formulations of synthetic drugs, it is difficult to predict the effect the synthetic drugs have from one user to the next. A common factor amongst synthetic drugs is that they are often addictive, and can be highly dangerous because of the unpredictable effect that these drugs can have on users.

Are Synthetic Drugs Illegal in Illinois?

Synthetic drugs are just as illegal as their chemically similar counterparts and are prohibited under the Illinois Controlled Substances Act. Prior to 2016, Illinois law was not very well defined when it came to prohibiting the use and possession of synthetic drugs. However, the passage of Senate Bill 1129 effectively curbed synthetic drug use among Illinoisans by making them illegal.

Synthetic drugs can include compounds such as:

  • Synthetic marijuana, i.e., spice or K2;
  • Ketamine or Special K;
  • GBL (gamma-butyrolactone);
  • Bath salts;
  • Synthetic heroin; and
  • Synthetic PCP.

Many synthetic drugs are considered Schedule 1 drugs. The sale and distribution of these synthetic drugs is a felony level offense. If you have been charged with a drug offense involving synthetic drugs, it is imperative that you get in touch with an experienced criminal defense lawyer as soon as possible.

Defending Against Synthetic Drug Charges

Anyone who is charged with a synthetic drug offense needs to work closely with a skilled and experienced criminal defense lawyer who has an extensive history working on synthetic drug cases. You could face a felony level penalty if you are convicted on a synthetic drug charge, which means you could face lengthy jail time and a significant fine. Additionally, you will have a criminal record including a drug conviction, which can have a long term impact on your life.

There are many possible defenses that could be raised, and which defenses are relevant to your particular circumstances will depend on the facts surrounding your particular alleged offense. For instance, it might be possible to raise a defense concerning your knowledge that you had possession of the synthetic drug, or it might be pertinent to raise a defense against whether you had possession of the synthetic drug. There may be issues concerning the illegal search and seizure of the synthetic drug as evidence by law enforcement, or your arrest might have been illegal. You should work closely with a criminal defense lawyer to work out your best defense strategy.

Let Us Help You with Your Case

Being charged with a synthetic drug offense is just as serious as being charged with a crime related to the real thing. Please contact a passionate Rolling Meadows drug offenses attorney immediately to be working aggressively on your case.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=SB&DocNum=1129&GAID=13&SessionID=88&LegID=86576

Narcotic Drug Laws in Illinois

February 20th, 2017 at 8:37 am

narcotic drug, Rolling Meadows Criminal Defense LawyerSome of the most commonly committed drug offenses in Illinois involve narcotic drugs. Criminal defendants across Illinois are arrested and charged with possession, sale, distribution, or manufacturing of narcotics, but do not fully understand what those charges mean.

Often, people are unclear on what a narcotic drug is, and instead merely know drugs by their street names—heroin, cocaine, opium. For clarification, under Illinois law, narcotic drugs include:

  • Opium and opiates, such as:
    • Oxycodone;
    • Codeine;
    • Hydrocodone;
    • Methadone; and
    • Hydromorphone.
  • Heroin;
  • Cocaine; and
  • Ecgonine (a cocaine-like substance).

Illinois is tough on drug offenses involving narcotic drugs because of their highly addictive nature, and people who use these drugs often form physical and psychological dependencies on these drugs. There is also a risk that a person taking these drugs could overdose.

More Information About the Illinois Controlled Substances Act

The Illinois Controlled Substances Act lays out the law concerning the possession, manufacture and distribution of controlled substances in Illinois. Substances that are considered controlled substances are broken down into five groups, or schedules. The schedules are arranged in descending order concerning risk of potential abuse and whether the substance has practical medical applications.

Schedule I substances have a high risk of abuse, and no accepted medical use. Schedule V substances, on the other hand, have a low risk of potential abuse, and have a high level of medical applicability. Opiates are generally classed as Schedule I substances, while cocaine and cocaine-like substances are classified as Schedule II substances.

If you have been charged with a narcotics offense, an experienced defense lawyer can help you identify the exact charges you are facing and what the possible consequences can be if you are convicted. Your lawyer will review your charging document to properly identify the controlled substance offense with which you are charged. Based on the Schedule of the narcotic your lawyer can identify the portion of the Controlled Substances Act that applies to your offense.

Being caught in possession of a narcotic drug substance is a felony, and the degree of felony depends on how much of the substance is found in your possession. The sale or distribution of a narcotic in Illinois is a felony as well. Similarly, the manufacture of narcotics is also a felony level offense. A felony conviction can have a serious and long-lasting impact on your life. You will need an experienced drug offenses lawyer to help you fight the charges against you.

Call The Law Offices of Christopher M. Cosley

Criminal charges for possession of a controlled substance, distribution, or manufacturing are serious and they carry significant penalties if you are convicted. It is important for you to work with a skilled Rolling Meadows criminal defense attorney who has experience handling drug cases like yours.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

MDMA Possession in Illinois

February 6th, 2017 at 8:37 am

MDMA possession, Rolling Meadows Criminal Defense LawyerOne type of controlled substance that is particularly popular with young people is a drug known as MDMA. Its scientific name is 3,4-methylenedioxy-methamphetamine, and it belongs to the family of drugs more commonly known as methamphetamines.

MDMA, which is more commonly referred to by young people as Ecstasy or Molly, is a synthetic drug, which is taken in order to affect a person’s mood. The drug causes a sense of euphoria and pleasure, which can last for many hours. It is a drug often taken while at parties and dance clubs, but use of MDMA can happen anywhere.

Possession of MDMA is Illegal in Illinois

MDMA was linked to many drug-induced deaths in Illinois in the early 2000s, which prompted Illinois lawmakers to take a firm stance against the drug, imposing very strict consequences for possession, sale, and distribution of drugs like MDMA. It is a felony offense to be found in possession of even a single tablet of MDMA under the Possession of a Controlled Substance laws in Illinois. Possession of MDMA with no other evidence to suggest you intended to commit further illegal activity is known as simple possession.

Alternatively, if there is evidence to suggest other criminal activity, such as a scale or small baggies that indicate an intent to sell or distribute the MDMA in your possession, you could be charged with possession with intent to deliver. Depending on how much MDMA is found in a person’s possession determines how much potential jail time they could face. In any case, being found in possession of MDMA means that you are looking at years of jail time.

You Need a Lawyer if You Are Facing MDMA Possession Charges

Being charged with a drug offense can be stressful and intimidating, especially if this is your first major encounter with the law. Anyone who is facing criminal drug charges needs to hire an experienced criminal defense lawyer to help prepare and present his or her defense to the court. Since MDMA possession charges are at the felony level, fighting the charges pending against you is all the more important. You will need the help of an experienced criminal defense lawyer with a proven track record of success defending against drug charges like MDMA possession.

One of the key elements that must be proven in a drug possession case is that you knew you were in possession of the drug. You could have a viable defense if you had no knowledge about the drug that was found in your possession. There could also be possible defenses to your charges if law enforcement conducted an illegal search and seizure, or if your arrest was illegal.

With any criminal drug case, your goal is always to have your charges dismissed because you have a good defense to the charges pending against you. However, sometimes a dismissal is simply impossible due to the circumstances surrounding your offense. In such cases, it is best to try and obtain reduced charges. A skilled lawyer will know how best to advise you concerning your criminal drug charges.

Contacting a Rolling Meadows Drug Offenses Lawyer

If you are facing MDMA possession charges, please contact a passionate Rolling Meadows criminal defense attorney at our office. We are available to assist you immediately.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K401

Charged With Multiple Cocaine Offenses in Illinois

January 11th, 2017 at 8:30 am

cocaine offenses, Rolling Meadows Criminal Defense AttorneyDrug trafficking, and cocaine trafficking in particular, is a serious felony offense in Illinois. The crime of drug trafficking involves knowingly selling, transporting, and importing controlled substances, such as cocaine, with the intent to manufacture or deliver the drugs.

There are two different sets of laws that govern criminal charges associated with cocaine trafficking. When the drug offense is committed within the state of Illinois, generally state law applies to the case. However, if a drug offense is committed across multiple jurisdictions, i.e., the drug offense involved activities occurring in two separate states, then the matter falls under the purview of federal law.

Transporting Cocaine Across State Lines Leads to Federal Drug Charges

One of the most common ways that drug charges go from being a strictly state matter to a federal matter, is when drugs are transported across state lines. Getting drugs like cocaine across state lines can involve:

  • Transporting cocaine across state lines by automobile or bus;
  • Transporting cocaine across state lines by using the rail system;
  • Transporting cocaine across state lines by using a boat across Lake Michigan; or
  • Transporting cocaine across state lines by use of a private plane, jet or commercial airline.

Whether your cocaine drug charges are at the state or federal level, if you are facing drug charges at all you need to speak with an experienced criminal defense attorney serving Rolling Meadows and the surrounding areas. Your criminal defense lawyer will know the intricacies of the law regarding cocaine possession, distribution, and transportation, and your lawyer will help prepare the best defense possible in light of your particular circumstances. You deserve fair treatment under the law and a skilled criminal defense attorney will fight so that you can get the best possible outcome in light of your specific situation.

Charged With Two Crimes: Trafficking and Possession

Generally if you are facing cocaine trafficking charges, you were likely caught in the act by law enforcement or you were implicated in the crime from some other evidence, such as videotape footage, testimony from others involved in the crime, etc. Many times, defendants who are charged with cocaine trafficking are also charged with cocaine possession, since they are usually found by law enforcement to be in actual possession of the cocaine that was being trafficked.

It is common practice for law enforcement in Illinois to charge a defendant with as many crimes as possible at the time of arrest. If the offense even closely resembles a crime, the arresting officer will likely charge the defendant with it. This is referred to as “stacking” or “multiplying” the charges against the defendant and it is to the prosecution’s advantage. By effectively charging you with every possible crime that facts and circumstances surrounding your offense could possibly justify, the prosecution is given the best possible chance to have charges stick in court to turn into a conviction.

For Defense Against Cocaine Charges: Call The Law Offices of Christopher M. Cosley

If you have been arrested and charged with a cocaine offense, you need to work with a skilled Rolling Meadows criminal defense attorney who has years of experience handling drug cases like yours. We are prepared to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

How Far Can Illinois Drug Asset Forfeiture Reach?

December 9th, 2016 at 10:55 am

Illinois Drug Asset Forfeiture, Rolling Meadows Criminal Defense LawyerBegin caught while committing a drug offense and/or being charged with a drug offense is tough in its own right. You will need to hire a criminal defense lawyer and go to court, and you can potentially face jail time, fines, probation, and a criminal record that will be with you for a long time. Additionally, the police can take your personal property if it is associated with the drug offense, such as your car, money, or other belongings.

Illinois Drug Asset Forfeiture Laws Are Far-Reaching

Illinois has certain aggressive and broad drug asset forfeiture laws. Under Illinois drug asset forfeiture laws, any property that is associated with criminal drug activity can be seized by the police. This causes many problems for people who own property that was taken into custody by police. These laws do not distinguish between the person who allegedly committed a crime and who actually owns the property. Moreover, the laws extend to other items that may have been purchased with money associated with a crime. Finally, the property is not automatically released if the charges against the alleged offender are dropped.

If you borrowed your mother’s car, went driving to your friend’s house, and for some reason were pulled over, the car was searched, drugs were found, and you were arrested, your mother’s car could be seized under the state’s drug asset forfeiture laws—even though it is not your car. Your mother will have to request that her car be returned to her, which can be a time-consuming hassle.

Additionally, the Fourth District Appeals Court just recently held that the police can also seize property that was purchased with money associated with drug crimes when there is a direct link between the property and the drug money. According to the Herald & Review, an Illinois woman lost out on a $50,000 winning lottery ticket because it was suspected by police to have been purchased with drug money. The woman herself was not directly involved with drugs, rather her boyfriend was, but the police took her winning lottery ticking nonetheless.

The point is that while being charged with a drug crime directly affects you and your loved ones, there can be other complications for those who are close to you as well, pending their property ends up muddled in with your alleged offense.

Let Us Help You Today

If you have been arrested and charged with a drug offense, you need to focus on fighting and beating the drug charges that have been lodged against you. The consequences for a drug conviction are very serious and could have a long-term impact on your life. Whether you are facing charges for possession of a controlled substance or cannabis, distribution, or manufacturing drugs, you should speak with a skilled Rolling Meadows criminal defense attorney who has a lot of experience handling drug cases.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1977&ChapterID=54

Drug Asset Forfeiture in Illinois

November 25th, 2016 at 3:19 pm

drug asset forfeiture, Rolling Meadows criminal defense attorneyGetting arrested for a drug offense, such as possession or intent to distribute, is a bad situation on its own. If you are convicted for such an offense, you can face jail time and fees. However, getting caught with drugs can also mean that you will lose personal property, such as your car or other assets, if such assets are affiliated with the drug offense. Drug asset forfeiture is a common practice in Illinois, yet many people are unaware of it until it happens to them or someone they know.

If you are charged with a drug crime, you might be subjected to Illinois’ drug asset forfeiture laws. Under these laws, property that is associated with drug activity or a crime can be seized by law enforcement. The point of the seizure is to limit the amount of resources that are available for criminal activity. If your personal property is taken by law enforcement under state asset forfeiture laws, it may take a long time to get your seized assets back, and recovery of your seized property can be at a great cost to you.  

What Types of Assets Can Be Seized?

Under the Illinois drug asset forfeiture laws, police do not have to arrest anyone or have a warrant to make a seizure of property involved in criminal drug activity. Instead, law enforcement can simply seize any personal property that is involved in a drug crime.  Examples of assets that are commonly seized under civil asset forfeiture include motor vehicles, cash, real estate, home, electronics, equipment, and more.

Recovering Seized Property

Even if your underlying drug charges are dropped or defeated, or if you are only given probation or court supervision, your seized property will not automatically be returned to you. Rather, you will have to enter a claim to obtain your seized property.

Recovering your seized property can be a difficult process. The owner of the property has the burden of proving that the personal property was not involved in the criminal activity and should not have been seized. Property owners must demonstrate that the property was obtained in a legitimate way, was not used for criminal activity, and that the property owner will suffer financial hardship without their seized property.  

Call an Experienced Drug Offenses Lawyer

There is no doubt that drug offenses carry serious consequences, and if you have been charged with a drug crime, it is important to get in touch with an experienced criminal defense lawyer quickly. A skilled attorney can begin crafting a defense to your original drug crimes, as well as help you devise a way to recover your seized property. Please feel free to contact a Rolling Meadows criminal defense attorney for assistance. We are prepared to help you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1977&ChapterID=54

The Offense of Drug Delivery in Illinois

October 25th, 2016 at 7:00 am

drug delivery in Illinois, Rolling Meadows criminal defense attorneyDrug crimes are some of the most frequently committed criminal offenses in Illinois. One common drug offense is drug delivery. The possession of a drug with the intent to deliver is another very similar drug offense. These drug charges are often asserted against alleged drug dealers.

Illinois Drug Delivery Offense

When an illegal drug actually changes hands, the offense is referred to as a drug delivery offense. However, when illegal drugs do not change hands, yet the person who is in possession of the drug was likely to have delivered the drugs to another individual without being intercepted by law enforcement, the offense is referred to as possession with the intent to deliver.

Drug delivery and possession with the intent to deliver are criminal offenses, regardless of the type of drug that is caught in your possession. For instance, you may be caught with controlled substances such as heroin, cocaine, stimulants, depressants, hallucinogens or prescription drugs—all illegal under the Illinois Controlled Substances Act. You could also be charged with drug delivery or possession with the intent to deliver marijuana, under 720 ILCS 550/4 of the Cannabis Control Act, or methamphetamines, under 720 ILCS 646/55 of the Methamphetamine Control and Community Protection Act.

Fight Your Drug Charges

When you are charged with a drug delivery or intent to deliver drug offense, it is critical to speak with an experienced Rolling Meadows criminal defense lawyer as soon as possible. A knowledgeable attorney can fight tenaciously to preserve your your rights and your freedom. Importantly, your lawyer will carefully examine your case for every possible defense that is available to you.  

Your lawyer will examine your arrest and will analyze whether or not law enforcement properly followed protocol when they brought you into custody. If drugs were seized as part of the arrest, your lawyer will make sure that the search and seizure procedure was properly followed and was legal. If the search and seizure was not legal, your lawyer will fight against the admissibility of the seized drug evidence in your case.

Your lawyer will also consider whether you have any other legal defenses that could be asserted. For instance, the prosecution has a burden to prove, beyond a reasonable doubt, that you committed each and every element required for the crime of which you stand accused. If the prosecution has not met its burden on an element of the crime, your defense lawyer will make sure that the court knows that the prosecution has failed to meet its burden and that you should not be convicted of the crime.

Drug Delivery or Intent to Deliver Charges? Contact a Lawyer

Drug crimes are severely punished and the consequences of a drug conviction can have a lasting impact on your life. Please do not hesitate to contact a skilled Rolling Meadows criminal defense attorney today. We are eager to help you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

Cocaine Drug Offenses in Illinois

October 4th, 2016 at 12:45 pm

cocaine drug offenses, rolling meadowsCocaine is a very popular drug that acts as a stimulant; people who use this drug experience an energetic high. Cocaine can be consumed in a number of different ways, including injection, inhalation, or by snorting it up the nose. While the drug may have some initial stimulating effects, cocaine has a lot of serious health consequences.

Cocaine is a highly addictive illegal drug that has lead to many individuals facing drug charges. They might have been charged with cocaine possession, cocaine distribution, or trafficking. What all of these drug offenses have in common is that they are all felonies. How serious the offense is depends on a number of factors—a history of cocaine drug offenses, the amount of drugs involved, where the drugs were found (e.g., a drug sale near a school or truck stop) and to whom the drugs were sold (e.g., minors, pregnant women, etc.).

Cocaine Drug Offenses Carry Years of Jail Time

Illinois law considers cocaine to be a controlled substance under the Illinois Controlled Substances Act, and does not take cocaine possession, distribution or trafficking lightly. For instance, possession of just a small amount of cocaine can put you in jail for up to three years. Selling less than a gram of cocaine can lead to a jail sentence of three to seven years. Trafficking just a few grams of cocaine across state lines can result in anywhere from four to 15 years of jail time. And these are just jail sentences for small quantities of cocaine. Drug charges are serious, and you need an experienced drug offenses lawyer by your side to help you fight for your rights and your freedom.

What is Required to Prove Guilt for a Cocaine Offense?

First and foremost, when you are facing drug charges, your criminal defense lawyer will want to make sure that the prosecution is proving each and every element of your alleged crime beyond a reasonable doubt. The specific elements for particular drug crimes might vary slightly, but for the most part it must be shown that you had possession of the cocaine, and that you knew, or thought it was cocaine.

Possession can be proven through actual or constructive possession of the cocaine. Actual possession means that the drugs were found on your person or nearby. For instance, cocaine found in your pocket, purse, or backpack could be used to demonstrate actual possession. Constructive possession means that the drugs are found somewhere that only you have access to, and thus the drugs were constructively in your possession. For example, cocaine found in a trunk in your living room in your apartment where you live alone will likely be enough to show constructive possession of the cocaine.

Your lawyer will act aggressively to disestablish a claim of possession, because if the prosecution cannot show that the drugs were in your possession beyond a reasonable doubt, then the charges against you should be dropped. If there is any chance that someone else was in possession of the drugs, or that someone else could have placed the drugs wherever they were found, then the possession of the drugs should not be pinned on you.

Facing Cocaine Drug Charges? Contact a Lawyer Today

Cocaine drug charges can carry substantial jail time. Please do not hesitate to contact a Rolling Meadows drug crimes attorney immediately if you need assistance in your criminal case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000