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Archive for the ‘Rolling Meadows drug charges attorney’ tag

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

FAQs About Medical Marijuana in Illinois

December 7th, 2017 at 8:22 am

medical marijuana, Rolling Meadows drug charges attorney, medical marijuana program, drug charges, Illinois drug lawsAccording to the ACLU, approximately 52 percent of all drug arrests conducted in the United States in 2010 were for marijuana-related crimes. This is largely thanks to the various drug laws that were passed during the government’s “war on drugs” campaign in the 70s—many of which imposed relatively harsh penalties for possessing or distributing marijuana.

However, in more recent years, several states, including Illinois, have relaxed their drug laws a bit and now permit the use of marijuana for medical purposes. Unfortunately many of these modern medical marijuana laws are not well understood by the public. Consider the following frequently asked questions to help clear some confusion. 

Q: What is “medical marijuana”?

A: The National Institute on Drug Abuse’s website notes that the term “medical marijuana” (sometimes called “medical cannabis”) refers to using the whole marijuana plant, or its extracts, to treat symptoms of illness. In other words, medical marijuana is, from a scientific standpoint, essentially the same as recreational marijuana.

Q: Who can legally obtain medical marijuana in Illinois?

A: In 2013, Illinois lawmakers passed the Compassionate Use of Medical Cannabis Pilot Program Act which was a temporary test program designed, at its core, to allow Illinois residents with qualifying debilitating medical conditions to use medical marijuana as part of their treatment plans.

Under this act qualifying “debilitating medical conditions” include Parkinson’s disease, glaucoma, muscular dystrophy, rheumatoid arthritis, as well as a number of other conditions. This pilot program was originally intended to run until the end of 2017 but last year lawmakers passed Senate Bill 10 which effectively extended the program until July 2020.

However, it should be noted that if you were convicted of a felony drug crime in the past then you are not eligible to participate in Illinois’ pilot medical marijuana program.

Q: How much medical marijuana can a qualifying patient possess under Illinois law?

A: Under Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act, a qualifying patient who has properly registered and who possesses a registry identification card may not possess more than two and one-half ounces of usable marijuana.

Q: If I have a valid medical marijuana card can I legally grow marijuana at home for my own consumption?

A: No, under Illinois’ current medical marijuana laws individual cultivation is not allowed.

Need Legal Advice? Contact a Local Drug Charges Attorney

At The Law Offices of Christopher M. Cosley we defend clients against various felony and misdemeanor drug charges across Illinois. Thanks to Attorney Christopher Cosley, a former prosecutor in the Felony and Drug Division, our firm is well acquainted with the legal tactics commonly used by prosecuting attorneys in drug cases and we use this valuable insight to benefit our clients. To find out what an experienced Rolling Meadows drug charges attorney can do for you, contact our office today.

Source:

https://www.aclu.org/gallery/marijuana-arrests-numbers

https://www.drugabuse.gov/publications/drugfacts/marijuana-medicine

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