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Archive for the ‘drug crimes’ tag

Penalties for Ecstasy Possession in Illinois

November 7th, 2019 at 10:53 am

IL drug crimes lawyer, Illinois defense attorney Ecstasy is often known as a party drug, but it is a substance that is illegal under Illinois’ drug laws. It also carries some of the harshest penalties for those convicted. The drug was blamed for causing an epidemic in Illinois in 2002, as it was said to have been responsible for a number of teenage deaths. It has also been called a growing threat to youth all around the country. It is because ecstasy is considered so dangerous that law enforcement and the prosecution here in Illinois take it so seriously.

Anyone accused of ecstasy possession should understand what penalties they are facing if they are convicted, and the importance of speaking to an Illinois criminal defense lawyer.

What Is Ecstasy?

Today MDMA, the technical name for ecstasy, is on Schedule I of the Controlled Substances Act. Drugs appearing on this schedule are thought to have a high potential for abuse and no currently accepted medical use.

However, ecstasy was not considered an illegal drug until the 1980s. Before that time, psychiatrists used the drug when treating patients, although it had not yet been tested or approved by the U.S. Food and Drug Administration. Since ecstasy has been banned throughout Illinois and the rest of the United States, it has become a very popular street drug.

Penalties for Ecstasy Possession in Illinois

Possessing any amount of ecstasy in Illinois is illegal. Like all drugs, the penalties associated with possessing the drug will depend on how much of the drug a person has in their possession.

The only ecstasy possession charge that is a Class 4 felony is possession of one to 15 tablets. The penalty for this charge for individuals convicted is one to three years in jail.

All other penalties for ecstasy possession are considered Class 1 felonies. Possessing 15 to 200 tablets carries a minimum sentence of four to 15 years in jail while possessing 200 to 600 tablets has a penalty of six to 30 years for individuals that are convicted.

Individuals found with 600 to 1,500 tablets of ecstasy face eight to 40 years in prison. Any amount of ecstasy in excess of 1,500 tables carries a minimum mandatory sentence of ten to 50 years in prison. When a person is found with more than 1,500 tablets of ecstasy in their possession, they may also face distribution charges.

These penalties will increase if the person accused has a prior conviction, or if they were found in possession of ecstasy near a school or place of worship. Individuals that are in possession of ecstasy while a crime was being committed or that had a firearm on them at the time of arrest may also face increased penalties if they are arrested.

Need Help With Your Ecstasy Charges? Call Our Illinois Criminal Defense Attorney

If you have been charged with ecstasy possession, you need the help of an experienced Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, our defense attorney knows how to defend against ecstasy possession and other drug charges to give you the best chance of holding on to your freedom. Call us today at 847-394-3200 or contact us online to schedule your free consultation so we can start preparing your defense today.

 

Source:

https://www.govinfo.gov/content/pkg/CHRG-107hhrg88329/html/CHRG-107hhrg88329.htm

When Is it Illegal to Possess Prescription Drugs in Rolling Meadows?

October 10th, 2019 at 10:08 am

criminal drug charges, prescription drugs, Rolling Meadows criminal defense attorney, prescription drug charges, prescription drug useWhen most people think of criminal drug charges, they often think of those relating to hard street drugs, such as cocaine, meth, and heroin. However, did you know that even if you have a prescription for a drug, you could still face criminal charges under certain circumstances?

In Illinois, there are many offenses associated with prescription drugs, and many residents are not aware of that fact. For this reason, too many people are charged by overzealous law enforcement. When they are, they often do not know what to do. The first step to take is to speak to a Rolling Meadows criminal defense attorney.

Illinois Law on Prescription Drugs

Under the Illinois Compiled Statutes, there are certain offenses related to prescription drugs that have serious consequences. The statutes stipulate that it is against the law to manufacture, distribute, or possess controlled substances, including prescription drugs. The most common of these drugs fall within Schedules 2 and 4 and include:

  • Hydrocodone
  • OxyContin
  • Ritalin
  • Adderall
  • Morphine
  • Valium
  • Vicodin
  • Xanax
  • Darvocet
  • Demerol

When a person is found guilty of any offense relating to these, or any other controlled substances, they face harsh penalties. However, many of those accused do not understand why they were charged.

Types of Illinois Prescription Drug Crimes

Even the smallest act could result in a charge for a prescription drug crime. These most often include:

  • Unauthorized possession: When a person is found in possession of any prescription drug that was not prescribed to them, they could face up to 30 years in prison. This is true even if the person in possession of the drug never used it. For example, two friends are out and one asks the other to hold their prescription drugs in a backpack or purse. The person the prescription is for goes home, forgetting to take their medication with them. Under the law, the person still holding it could be charged with a crime.
  • Sharing: While everyone wants to help their loved ones feel better, sharing even one pill, even when a person suffers from the same condition, could result in criminal charges.
  • Recreational distribution: When a person uses a prescription drug for anything other than treatment of an illness, it is a crime. It is also a crime for doctors to prescribe drugs that are not intended for medical use, or that are in greater quantities than what a person needs.
  • Misrepresentation: When a patient lies to a doctor or misrepresents facts in order to gain a prescription, they may be charged with a crime.

Regardless of the crime a person is accused of, they face serious consequences if they are convicted.

Penalties for Prescription Drug Crimes

The penalties for prescription drug crimes, no matter the alleged offense, are always severe. The prosecution will lay charges ranging from a Class 4 felony to a Class X felony. The sentences for Class 4 felonies range from one to three years in state prison. For those convicted of a Class X felony, the penalties are even worse and can include six to thirty years in state prison.

Additionally, there are also certain circumstances that may enhance these penalties. For example, if a person is found in possession of an illegal prescription drug, and a firearm, a judge may double their sentence.

To avoid these penalties, it is imperative that anyone facing charges speaks to a Rolling Meadows criminal defense attorney that can help.

Call Our Illinois Criminal Defense Lawyer Today

After being charged with a prescription drug offense, those accused are often confused and feel hopeless. The situation may not be as dire as it seems, though. At the Law Offices of Christopher M. Cosley, our dedicated Rolling Meadows criminal defense attorney can help. We will scour the law and apply it to the facts of your case to create a solid defense that will give you the best chance of a positive outcome. Call us today at 847-394-3200 for your free consultation to learn more about how we can help with your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-25

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

When Is Meth Possession a Felony in Illinois?

April 11th, 2019 at 8:27 pm

Illinois drug crimes lawyer, Illinois defense lawyerThe drug laws in Rolling Meadows and throughout Illinois are often confusing, and the line between a misdemeanor drug charge and a felony charge can become blurred. Most of the time, the charge that is laid depends on the scenario surrounding the alleged crime.

There are instances though, in which a drug crime is automatically a felony. Typically a harsher charge is laid when there are large volumes of a controlled substance involved, or when the crime includes certain substances. LSD, cocaine, and heroin are a few drugs that automatically make a crime a felony. Methamphetamine, or meth, is another.

Methamphetamine Laws in Rolling Meadows

According to 720 ILCS 646/60 of the Illinois statutes, meth crimes are always charged as a felony. This means that even when a person is caught with the smallest amount on them, and they did not intend to distribute the drug, they will face felony charges.

The law imposes such strict charges and penalties on those caught with meth because it is a very dangerous drug. It is incredibly addictive and exposes those that use it to toxic chemicals. Manufacturing the drug is also particularly dangerous, which is why the law also outlines severe penalties for anyone that does.

Methamphetamine Possession Felony Charges

The crime of meth possession is the most minor meth crime of all in Illinois. These are still treated as felonies. Individuals charged with meth possession face a number of possible charges, depending on the amount they were carrying at the time of arrest.

  • Class 3 felony for any amount under five grams;
  • Class 2 felony for any amount of at least 5 grams, but under 15 grams;
  • Class 1 felony for any amount of at least 15 grams, but under 100 grams; and
  • Class X felony for any amount over 100 grams.

When charged with a Class X felony, the penalties will increase even more if the amount was over 400 grams, and then again on any amount over 900 grams.

Penalties for Methamphetamine Possession in Rolling Meadows

With meth possession being the most minor of all meth crimes, it makes sense that these also carry the lightest sentences. However, anyone charged with a meth crime in Rolling Meadows must understand these sentences are still very severe.

A Class 3 felony offense, the least severe of them all, still has a potential sentence of two to five years in jail. A Class 1 felony offense carries a much longer prison sentence of 15 to 30 years in jail. Class X felonies, although rarely charged in meth crime cases, can send someone to prison for several decades if they are convicted.

Been Charged with Meth Possession? Call a Rolling Meadows Drug Crime Lawyer

Being charged with meth possession, or any other meth crime, is very scary. Those accused begin to worry about their future and what it may hold for them. A skilled Rolling Meadows criminal defense lawyer can help ensure that future is a little brighter. If you have been charged with a meth crime, contact the Law Offices of Christopher M. Cosley at 847-394-3200. We know how serious the charges are that you are up against, and we will build a strong defense against them. Do not wait for representation when you can call and get a free consultation right now.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072006460K60

https://www.iwu.edu/counseling/Illinois_Drug_Laws.htm

Common Defenses to Drug Charges in Rolling Meadows

January 29th, 2019 at 7:02 pm

IL defense lawyerBeing charged with a drug crime, whether it is a simple possession charge or the more serious charge of drug trafficking, can have serious consequences. If convicted, a person may face high fines, jail time, loss of child custody, and loss of immigration rights. After a conviction, individuals also have a permanent criminal record that will follow them for the rest of their life.

While the situation may seem hopeless, it is not. There are several common defenses to drug charges, and a qualified attorney will use them to help anyone accused of committing a drug crime.

Entrapment

Due to numerous television shows and movies that have focused on entrapment, people are often unsure whether or not this can actually be used as a defense. In Illinois, it can. Entrapment occurs whenever a law enforcement officer, or other authority, incites or induces a person to commit a crime. However, if it can be proven that the person was going to commit the crime without any interference from the officer, this defense cannot be used.

For example, if a person sells drugs to an undercover police officer, that would not be considered entrapment. The person was likely to sell the drugs anyway and just happened to sell them to a police officer. That same person, however, may have prescription drugs in their possession that were prescribed to them. If an undercover officer repeatedly asked to buy the drugs and the person declined numerous times before finally giving them the drugs, that may be considered entrapment.

Informant Credibility

Police officers often rely on the public to solve crimes. They rely on eyewitness testimony and informants to provide them with the information they would to otherwise have. In some instances though, these informants are not always credible. An informant may have reason to turn over an innocent person to the authorities, such as in divorce proceedings or if the informant is simply acting out of revenge. When an informant is not credible, the information they are giving to the authorities is not considered credible either, and this can help build a solid defense.

Violation of Legal Rights

When someone is arrested for committing a crime, they have several legal rights. One of these is the right to a lawful search and seizure, as protected by the Fourth Amendment. When officers or other authorities violate this right, any evidence obtained through that search and seizure can be thrown out of court. The same is true for Miranda warnings, and many other rights those accused of committing a crime are entitled to.

Presence of Drugs

When an individual is arrested and charged with a drug crime, law enforcement officials must seize the drugs in question. If the prosecution cannot produce these drugs as evidence during trial, the charge will likely be dropped. In a case involving drug crimes, the presence of the actual drugs in question is one of the main pieces of evidence the prosecution has. Without it, there is often no case.

Addiction and Mental Health Issues

Substance abuse addictions and mental health issues are serious problems and are also often a part of many drug crimes case. When these issues are present, often those accused may be eligible for treatment rather than harsher penalties, such as being sentenced to jail. Some of these programs, such as court supervision, allow the accused to complete a program. Upon successful completion, the case is dismissed and a criminal conviction is avoided. That allows individuals to move on with their life without a criminal record following them throughout it.

A Rolling Meadows Criminal Defense Lawyer Can Provide a Proper Defense

It is one thing to know the possible defenses available in drug crime cases. It is another thing altogether though, to argue those defenses in court in order to get charges dropped or reduced. A passionate Rolling Meadows drug crimes lawyer though, can help those accused build and argue a strong defense. If you have been charged with a drug crime, call the Law Offices of Christopher M. Cosley at 847-394-3200. Many people have addictions, were in the wrong place at the wrong time, or are completely innocent of a crime and have still been charged. A proper defense will show this, so you can move on with your life. Contact us today for your free consultation and we will start reviewing your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/072000050K7-12.htm

https://www.law.cornell.edu/wex/fourth_amendment

Possession or Sale of Hypodermic Needles

October 12th, 2018 at 7:02 pm

Illinios defense lawyerHaving a hypodermic needle in your possession can land you in cuffs. This is due to Illinois’ Hypodermic Syringes and Needles Act, which makes it illegal for minors to be in possession of any hypodermic needles or syringes, and illegal for adults to possess hypodermic needles for the injection of controlled substances. Studies have shown that Needle and Syringe Exchange Policies (NSEPs) drive down HIV and other needle-transmitted-diseases, so why is possessing needles a crime, even if used for injecting drugs? Unfortunately, the logic of this law is as unjust as it is flawed, and is simply another criminal charge in the name of the war on drugs, tacked on increase overall prison time and incentivize defendants to take a quick plea deal.

What the Law Says About Needle Possession

Under Illinois statute 720 ILCS 635, it is illegal for anyone to possess a “hypodermic syringe, needle or “other instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.” Adults are legally allowed to purchase dozens of syringes from pharmacies and possess up to 100 at any given time, so the mere possession of such a needle is not a crime. What makes the needle illegal is when it is used or intended to be used for injecting controlled substances, unless of course, you are a physician, nurse, or hospital worker performing your professional duties. A defense to this criminal offense is proving that the needle was used for another purpose other than delivering a controlled substance. Common reasons and medical conditions for using hypodermic needles and syringes include:

  • Dozens of types of cancer;
  • Deep vein thrombosis;
  • Type I and Type II diabetes;
  • Hormone treatment including testosterone therapy;
  • Allergy treatment;
  • Fertility purposes;
  • Injection of vitamins and minerals for general health or to compensate for a deficiency; and
  • Hundreds of other types of diseases and disorders.

Sale of Hypodermic Needles

Unless you are authorized to sell hypodermic needles (such as a doctor, pharmacist, or drug manufacturer), selling any needles could result in a felony offense. The sale of hypodermic needles is a Class 4 felony in Illinois.

A Rolling Meadows Attorney Is Available to Talk Today

Possession of a hypodermic needle used for administering a controlled substance, which is a Class A misdemeanor, carries a penalty of up to one year in jail and a fine of $2,500. Each subsequent offense is a Class B misdemeanor, which is a Class 4 felony punished by one to three years in prison and a fine of up to $25,000. This means that if you were found with four hypodermic needles allegedly used for the purpose of administering controlled substances, you could face one Class A misdemeanor and four Class 4 felony charges. As such, if you are facing any hypodermic needle charges, whether for possession or sale, you need to contact the dedicated Rolling Meadows criminal defense attorneys at the office of Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4496270/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1954&ChapterID=53

 

Understanding the Consequences of Prescription Forgery in Illinois

September 25th, 2018 at 1:21 pm

Cook County drug charges defense lawyerPrescription drug abuse is on the rise, and police and prosecutors are becoming increasingly vigilant about cracking down on those who they believe are breaking the law by using falsified prescriptions to obtain controlled substances. Because of the opioid epidemic, which has resulted from over-prescribed pain medications pushed by pharmaceutical companies and physicians, hundreds of thousands of Americans are looking for any means to get their hands on narcotics. Obtaining opioids by falsifying a prescription may seem safer than buying drugs on the street, but make no mistake—prescription forgery is a serious crime in Illinois.

What Illinois Law States About Prescription Forgery

According to 720 ILCS 570/406.2, a person commits prescription forgery (known as “unauthorized possession of prescription form”) if they have altered a prescription, possessed a form not issued by a licensed practitioner, possessed a blank prescription form without authorization, or possessed a counterfeit prescription form. Examples of prescription drug forgery include the following:

  • Changing the dose amount on a prescription written by a doctor.

    Stealing a prescription pad off a doctor’s desk.

    Writing a prescription for yourself.

    Using a computer to create a fraudulent prescription form.

The Consequences of Prescription Forgery

Shockingly, even a first time prescription forgery offender can be fined up to $100,000, and they may be sentenced to between one and three years in prison. If a person is charged with their second prescription forgery offense, they may be fined up to $200,000 and sentenced to between two and five years in prison.

It is common for a person who is charged with prescription forgery to be facing other drug charges at the same time, such as burglary, possession of an illegal drug, or an intent to traffic drugs. All of these offenses can add up to considerable time behind bars and fines that would be impossible to pay back in a lifetime of full-time work—something that would become extremely difficult to accomplish with a felony record.

Defending Medical Professionals

Medical professionals are not immune to prescription forgery charges. Doctors have been known to use their license as an opportunity to write friends or family members a prescription without reason, or to prescribe opioids to addicted patients who pay them cash under the table. If you are a physician or pharmacist, you will lose your professional license in a heartbeat if you are found guilty of prescription forgery.

A Cook County Drug Crimes Defense Attorney Can Help

More than 115 Americans die every day from overdosing on opioids, according to the National Institute on Drug Abuse. Instead of taking steps to combat addiction and help self-medicated individuals overcome or manage their mental or physical ailments, our criminal justice system sends its best prosecutors to lock up victims of opioid addiction. If you have been charged with prescription forgery, you need a strong defense that will help you avoid the consequences of a conviction. Contact dedicated Rolling Meadows criminal defense lawyer Christopher M. Cosley today at 847-394-3200 to schedule a free consultation.

Sources:

https://www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K406.2

Man Charged After Being Found With 75 Pounds of Marijuana

August 20th, 2018 at 3:31 pm

marijuana, criminal drug charges, drug charges, drug crimes, felony drug charges, Rolling Meadows criminal defense attorneyA man in Cook County is facing felony drug charges after being found with more than 75 pounds of marijuana, according to NBC Chicago. The Chicago Police department was responding to reports that there was a burglary in progress.

While investigating the premises of the alleged burglary, the police found a basement door that bore signs of forced entry. The officers proceeded inside the door and found 34,000 grams of marijuana. More than 120 grams of cannabis oil was also discovered.

The man who was renting the building where the marijuana and cannabis oil was found is now facing two felony charges. He has been charged with two felony counts of manufacturing or delivering over 5,000 grams of marijuana, or cannabis. In addition to these two felony charges, he also faces a misdemeanor charge as a result of being found to be allegedly violating the concealed carry act.

Felony Drug Charges in Illinois

The words felony and misdemeanor are often thrown around, but not everyone always knows the difference between these two types of charges. A felony charge is a more serious charge that carries harsher and stricter penalties. The classification of a drug charge in Illinois is based on the amount of drugs in possession and the specific intent of the person in possession of the drugs.

There are several different types of drug charges that an individual can be charged with, both felony and misdemeanor. The different types of drug charges in Illinois include:

  • Drug possession;
  • Possession of drugs with the intent to distribute;
  • Drug manufacturing;
  • Drug trafficking; and
  • Drug conspiracy.

The above list of drug crimes encompasses most, if not all, of the various types of crimes an individual might find themselves facing. These crimes, depending on the amount of drugs in a person’s possession or the circumstances surrounding the offense can lead to harsh punishments. Typically, there are fines, court costs, jail time, prison time, probation, or parole assigned to those who have been convicted of a drug crime.

Contact Us Today for Help

The charge and potential conviction of a crime can have a major impact on your life. You could lose your job, home, be unable to rent an apartment, or even be unable to find another job all because of a criminal conviction. Do not let one charge derail your entire life.

Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is ready to defend you in criminal drug charges. Attorney Cosley knows that a conviction can drastically alter one’s life and will work diligently to get the best outcome under the circumstances. Contact us today for a consultation.

Source:

https://www.nbcchicago.com/news/local/man-charged-after-cops-find-over-75-pounds-of-pot-488882181.html

What is Possession of a Controlled Substance in Illinois?

May 30th, 2018 at 5:10 pm

controlled substance, drug crimes, drug possession, possession of a controlled substance, Rolling Meadows defense attorneysPossession of a controlled substance is a serious drug crime in Illinois. The punishment for such a crime depends on the controlled substance in question and the amount of the substance that is found. Generally, the more of a substance a defendant has, the harsher the punishment can potentially be.

Most possession of a controlled substance crimes carry fines, probation, and jail or prison time. Ultimately, if you have been charged with this crime, it is imperative that you reach out to a skilled attorney for help immediately.

Controlled Substance

The first step in understanding possession of a controlled substance is being able to identify a controlled substance. Per 720 ILCS 570/102(f), a controlled substance is defined as a “drug, substance, immediate precursor, or synthetic drug.” The drugs included in this definition include heroin, cocaine, marijuana, methamphetamines, LSD, oxycodone, ketamine, ecstasy, and other controlled substances listed in Article II of 720 ILCS 570.

The controlled substances are broken into five different schedules. Schedule I drugs are those that are most likely to be abused. These include opiates, derivatives of opiates, and substances that are likely to induce hallucinations. Schedule V includes the least dangerous drugs. Contrary to Schedule I drugs, Schedule V drugs are those least likely to be abused.

Possession

The next step in understanding possession of a controlled substance is knowing what possession means. According to the Illinois Controlled Substances Act, it is unlawful for “any person to knowingly possess a controlled or counterfeit substance or controlled substance analog.” In general, to knowingly possess something requires that an individual must have knowledge of the controlled substance.

Circumstantial evidence can be enough to find that an individual knowingly possessed a controlled substance. For example, if a controlled substance is in a vehicle owned by the defendant, it is likely that he or she will be found to have knowingly possessed the controlled substance.

That being said, simply having a controlled substance in your possession is not enough to be convicted of a crime. In reality, you may not have been aware of the substance if it appeared in your car or your home; instead, it may have belonged to another party. Overall, if you are facing charges of drug possession, an experienced attorney can help mount an aggressive defense and ensure your rights are protected throughout each step of your case.

Contact an Attorney for Professional Help with Your Case

If you have been charged with possession of a controlled substance, you need an attorney with all of the tools to best represent you. At the Law Offices of Christopher M. Cosley, we combine years of experience with a passion for advocating for your rights. Our talented Rolling Meadows defense attorneys possess the requisite knowledge and skill to properly defend you. Contact us today to give you the best possible defense available to you.

Source:

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

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

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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