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Archive for the ‘drug delivery’ tag

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

Illinois May Have a Good Samaritan Law for Reporting Overdoses, Yet You Could Still be Charged with Drug Crimes

April 14th, 2016 at 7:00 am

Illinois good samaritan law, overdose, Rolling Meadows Drug Crimes AttorneyIn an effort to help combat the heroin epidemic that has been plaguing the United States in the past few years, in 2012 the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act was amended to include a provision that provides limited immunity from prosecution for those who witness an overdose and call for help. In other words, those who report an overdose can avoid at least some drug charges. The provision is codified in 720 ILCS 570/414, and is sometimes referred to as the Illinois Good Samaritan Overdose Law.

Good Samaritan Overdose Law Limited to Possession of Drugs That Can Cause Overdoses

The overdose law offers protection to those who report an overdose. However, the protection offered by the law is strictly limited to possession and is limited to small quantities of drugs that are capable of causing an overdose. Those who seek medical attention for someone who is overdosing will not be charged with a Class 4 felony for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for a Class 4 charge was acquired as a result of seeking help for the person who is overdosing.

The law is only applicable if a small quantity of drugs are found at the scene of the overdose, such as:

  • Less than three grams of heroin, cocaine, morphine or LSD;
  • Less than six grams of pentazocine (an opioid), quaaludes, PCP or ketamine; or
  • Less than 40 grams of peyote, barbiturates, amphetamines, or any Schedule I or II narcotics.  

But the Law Does Not Protect Against a Lot of Other Potential Charges

The law does not protect against drug charges for other drugs, such as cannabis, methamphetamines or other controlled substances. Nor does the law protect those who report overdose victims from other drug charges, such as possession of drug paraphernalia, possession of cannabis, possession of methamphetamines, and drug delivery.

Those who report the overdose could also face other criminal charges if the circumstances warrant such charges, such as driving with a revoked or suspended license, DUI, or aggravated battery (if the person who reported the overdose is suspected of assisting the victim in injecting him or herself with the drug that caused the overdose).

So while you might be doing the “right thing” by calling for medical assistance if you witness someone overdosing on drugs, you should be aware that the overdose law only offers you limited protection from criminal prosecution. It is very easy in an overdose situation to find evidence of other crimes that you would not be immune to under the overdose law.

Contact Us for Help with Your Case

Just because there is a good samaritan overdose reporting law, it does not mean that you are protected against all criminal charges you might face if the cops show up. There are a number of other drug charges you could face. Please contact a Rolling Meadows drug crimes attorney immediately if you have been arrested after reporting an overdose. Our attorneys are prepared to assist you today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2733

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K414

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