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Archive for the ‘drug crime’ tag

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

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

Drug Charges for High Schoolers

August 20th, 2016 at 5:00 am

Drug Charges for High SchoolersOne of the most devastating things a parent can have to deal with is a situation in which their son or daughter is caught with drugs at school. Not only might you as a parent be disillusioned by the whole ordeal, but you are most likely consumed with worry about your son or daughter’s future as well. Whether your child was involved in drug activity at school, was caught selling drugs, or was found in possession of drugs, you need to hire an experienced criminal defense lawyer for your child immediately. This is important because your child could be convicted of juvenile drug charges, or if your child is 18 years of age or older, but is still in high school, your child could be charged as an adult.

Teens Will Find Access To Drugs

It is unfortunate, but most teens will be exposed to some sort of drug activity while they are in high school. They might be offered drugs, they might know or watch a friend take drugs, or they may become involved in drug activity, such as buying and selling drugs. These things happen because teens don’t always make the best decisions, and sometimes they agree to things because they want to seem cool to their peers. Teens are driven by social acceptance, and so they might be pressured into taking, doing or selling drugs at school.

It is not uncommon for teens to get into trouble for having marijuana in their possession, or for selling controlled substances, such as medication for the treatment of attention deficit hyperactive disorder (ADHD). Some teens get involved with very serious drugs, like heroin or methamphetamines.

Drug Charges That High School Teens Can Face

Teens can find themselves in trouble with the law for a number of different drug offenses. Most commonly, high school students get in trouble for possession of marijuana or possession of another controlled substance. They also get into trouble for selling drugs to classmates. This is a particularly bad situation for a student charged with a drug offense since the court has the ability to double the student’s sentencing if the student was selling drugs near a school. There are state laws that require school zones to be drug-free zones. In Illinois, the drug-free school zone extends 1,000 feet from the school property. This also means that school buses are drug-free zones as well.

Let Our Attorneys Help You Today

It is important to fight juvenile drug charges since your son or daughter’s future depends on it. A drug conviction could lead to problems down the road. If your high-school aged child has been charged with a drug-related crime, please do not hesitate to contact a Rolling Meadows juvenile crime lawyer immediately. Our attorneys are here to assist you every step of the case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=100000&SeqEnd=600000

Diversion of Controlled Substances Is Two Crimes: Theft and A Drug Charge

August 1st, 2016 at 10:56 am

Diversion of Controlled Substances Is Two Crimes, Rolling Meadows criminal defense attorneysAll too frequently in the news the media reports on a nurse, pharmacist, or other hospital employee who steals controlled substances that are meant for patients. When this happens it is often referred to as diversion, or theft, of controlled substances, and it is a drug crime as well as a theft crime. Not only did the defendant steal the drugs, but if they are caught with the stolen drugs in their possession, they can be charged with possession of a controlled substance under the Illinois Controlled Substances Act.

Controlled substances are often stolen by healthcare workers who have an addiction. Their addiction drives them to take the drugs and to cover their tracks. Less frequently, a healthcare worker will be motivated to steal controlled substances from their place of employment by the potential of financial gains – by selling the controlled substances for a profit.

Controlled Substances that Are Often Involved in Diversion

When a person has access to an entire pharmacy, it is like having uninhibited access. Every type of drug is readily available; even the most highly regulated and controlled medications and drugs are there. The worker might report that the drugs were properly administered to a patient, or are included in a drug count, when, in fact, some of the drugs are missing.

Some controlled substances that are typically the subject of diversion, or theft by hospital or pharmacy employees, include, but are not limited to:

  • Painkillers, which include Vicodin, Percocet, Percodan, and Oxycontin;
  • Narcotics, which includes opioids, such as morphine, codeine, fentanyl, hydrocodone, and methadone;
  • Barbiturates, which include drugs like Valium and Librium; and
  • High-value or very costly drugs, such as expensive antiretroviral drugs, and performance enhancing drugs.

How Does The Theft Occur?

Diversion of drugs from healthcare facilities and pharmacies can take many forms. Sometimes workers will steal whole vials or pill packs. Some theft involves the removal of solution from a vial storage container and replacing the stolen solution with water. Other types of theft may involve swiping pills out of a patient’s pill vial, but reporting that all the pills were counted and are present. The theft could occur at a pharmacy, hospital, nursing home, senior care center, or any other healthcare facility that has access to controlled substances.

Do You Need Legal Representation?

Being addicted to controlled substances can be tough to live with. If you have been charged with theft or possession of controlled substance charges, you need to speak to a criminal defense lawyer as soon as possible. Let our skilled Rolling Meadows criminal defense attorneys assist you. Reach out to us for more information on how we can be of help.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941

Drug Charges Resulting From Police Mistake or Corruption

February 2nd, 2016 at 11:36 am

drug charges, police mistake or corruption, Rolling Meadows Drug Crimes AttorneyThere are instances where drug charges are made against a criminal defendant, yet some sort of foul play or mistake was made by law enforcement during the search, seizure or arrest. At times, it can be a matter of error. For instance, a police officer may not follow protocol appropriately during a search and seizure or may fail to properly perform an arrest. Additionally, an officer may forget to read a defendant his or her rights upon arrest.

When errors occur, it can render certain evidence inadmissible at trial, or the charges could be dropped completely, because the criminal defendant’s rights were violated. Other times, an arrest could be made due to foul play by an officer. It is not often that law enforcement deliberately and intentionally acts in a corrupt or unethical way; however, it can happen.

Being Framed with Drugs

Nothing is as unfair or as unjust as being framed for a crime that you did not commit. There have been instances where criminal defendants in Illinois have successfully beaten drug charges or had their criminal convictions reversed in cases where they were framed by law enforcement. Being framed for drug charges can take many forms. Examples can include but are not limited to the following:

  • Drugs were planted by law enforcement on the defendant or in the defendant’s personal property or home;
  • The criminal defendant was entrapped by law enforcement into committing a crime that he or she would not normally have been inclined to commit without the encouragement of law enforcement;
  • Charges were fabricated by the arresting officer; or
  • Police gave false statements or created false reports in order to obtain a conviction or protect one another.

Many people do not realize that there are laws in place to protect the people from police corruption and misconduct. Police conduct is governed by two sets of statutes:

  • 720 ILCS 5/33-3, which is directed to official misconduct, whereby law enforcement is not permitted to break the law; and
  • 720 ILCS 5/33-4, which prohibits police officers from engaging in activities similar to that of gang members.

Proving that a defendant was framed for a drug crime is very difficult. Moreover, accusations that law enforcement acted unethically is a serious matter. Police officers are tasked with serving and protecting, and the court gives the testimony made by police officers hefty weight. A judge and jury inherently wants to trust law enforcement, and police officers swear an oath to serve and protect, of which it is presumed that they abide.

Let Us Assist You Today

You should not be charged or convicted of a crime you did not commit. Therefore, having an experienced criminal defense attorney representing you and fighting for your rights is essential. If you are facing drug charges, please contact a Rolling Meadows drug crimes attorney immediately. A skilled attorney at our office can assist you today.

Sources:

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+33&ActID=1876&ChapterID=53&SeqStart=84900000&SeqEnd=86000000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+33&ActID=1876&ChapterID=53&SeqStart=84900000&SeqEnd=86000000

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