Archive for the ‘drug charges’ Category
March 27th, 2017 at 8:26 am
In 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.
February 20th, 2017 at 8:37 am
Some 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:
- Methadone; and
- 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.
February 6th, 2017 at 8:37 am
One 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.
January 11th, 2017 at 8:30 am
Drug 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.
December 9th, 2016 at 10:55 am
Begin 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.
November 25th, 2016 at 3:19 pm
Getting 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.
October 25th, 2016 at 7:00 am
Drug 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.
October 4th, 2016 at 12:45 pm
Cocaine 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.
September 29th, 2016 at 12:11 pm
Illegal drug deals can take many forms, but nearly all drug deals have something in common: they are all transactions. At their core, all drug transactions are the same – they are an exchange where each party gets something that they want. Drug transactions involve a recipient party (i.e., the drug “buyer”) providing something to a drug dealer in exchange for the drugs. A majority of the time, drugs are traded for money.
But in some situations, a drug dealer might accept something other than money as payment for drugs. Sometimes a dealer will want certain services (e.g., the dealer may want the drug “buyer” to commit a crime, or perform some act in exchange for the drugs) in exchange for drugs, or the dealer might want property or valuables instead of cash. Sometimes the dealer may want the drugs to be paid for in stolen goods, like a stolen car or stolen jewelry, watches or electronics. The dealer might even encourage a buyer to commit burglary in order to get the drugs.
Burglary Is Serious Business
There are a number of reasons why people commit burglary; one common reason is to sell the stolen goods for money in order to pay for drugs or to trade the stolen goods directly with the dealer for drugs. Entering someone else’s home or other property without permission and taking things that do not belong to you is a form of theft known as burglary. The Illinois burglary statute covers unauthorized access into a building, dwelling, house trailer, boat, motor vehicle, or airplane. Stealing anything from one of these locations, or intending to commit a felony in one of these locations, is considered to be burglary under Illinois law.
Getting Charged With Multiple Offenses
Getting caught paying for drugs with stolen goods can land you in trouble with the law. Committing a burglary is a serious enough crime on its own, but then using stolen goods to finance a drug transaction makes your situation significantly worse when you are caught by law enforcement. Not only can you, as the drug purchaser, be charged with theft and the burglary, but you can also be charged with the drug transaction and drug possession charges as well. If the drug dealer is caught along with you, he or she could be charged with receipt or possession of stolen property, as well as criminal charges for selling or trafficking the drugs.
Caught Trading Stolen Goods For Drugs? Call A Lawyer
Burglary charges and drug offenses are not matters that should be taken lightly. You can face serious penalties, such as jail time and harsh fines. If you are in trouble with the law, you should contact an experienced Rolling Meadows criminal defense lawyer as soon as possible to obtain guidance on what to do in your particular situation.
September 15th, 2016 at 1:24 pm
Until recently, it was illegal to drive while under the influence of marijuana, regardless of how much marijuana was in your system. Illinois law used to employ a zero tolerance approach when it came to driving under the influence of marijuana. Specifically, if any amount of marijuana was detected in the suspected drugged driver’s system, the driver could be charged with a marijuana DUI. But the recent passage of Illinois bill SB2228 changes things and puts a measurable limit on when an Illinois driver is too high to drive.
Under the old law, prosecutors were not required to demonstrate that the driver was actually intoxicated by marijuana at the time of their DUI arrest, according to a recent article in the Pekin Daily Times. Instead, the prosecution only had to show that marijuana, even in trace amounts, was detected in the driver’s system. A blood test could be used to analyze a blood sample for any trace of THC, which is the active psychoactive chemical ingredient in marijuana.
A Zero Tolerance Policy Is Patently Unfair
The old law was strikingly unfair since it failed to require proof that the driver was actually under the influence of marijuana to such a degree that the intoxication impacted the driver’s ability to safely operate a vehicle. The old law could place a person who was merely in contact with marijuana smoke in violation of the state’s marijuana DUI laws, even though the person never actually inhaled more than second-hand marijuana smoke.
New Law Offers Measurable Legal Limit
The new law places a quantifiable measurement on when a person is considered to be under the influence of marijuana to such a degree that their driving ability is affected. Specifically, a person who has five nanograms of THC in their blood, when the blood sample is taken within two hours of a DUI arrest, is considered to be under the influence of marijuana and is not safe to drive a vehicle. With the enactment of the new marijuana DUI law, Illinois joins just four other states – Colorado, Nevada, Oregon, and Washington – that have placed a measurable impairment level on marijuana.
Bill SB2228 Also Decriminalizes Possession of Small Quantities of Marijuana
The new law also decriminalizes possession of small quantities of marijuana. Instead of being a criminal offense, possession of less than 10 grams of marijuana is punishable as a civil infraction, meaning that offenders will merely be issued a ticket. The ticket ranges from between a fine of $100 and $200.
Facing A DUI? Contact A Rolling Meadows Drug Offenses Lawyer
Whether you are facing a DUI, a marijuana DUI, or drug charges, you need to speak to an experienced Rolling Meadows drug crimes lawyer as soon as feasible about your situation. These criminal charges are serious, and you need legal representation that can help you fight the charges that are pending against you.