Tag Archives: drug possession

St. Charles drug charges defense attorney

The majority of drug possession charges result from a police search of a person’s property. In the United States, citizens have a reasonable right to privacy. Although police are authorized to search an individual or his or her property in some situations, they must follow certain rules and procedures when doing so. When evidence of a crime is uncovered during an unlawful police search, it is possible that this evidence will not be admissible in court. If you or a loved one has been charged with possession of cocaine, heroin, methamphetamine, or another controlled substance, it is crucial that you know the laws regarding search and seizure of personal property.

When Can Police Search a Person?

The Fourth Amendment to the United States Constitution gives citizens the right to be free from “unreasonable” search and seizure. However, defining which searches are reasonable and which are unreasonable is not always as straightforward as it may seem. Police can search an individual if he or she:

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St. Charles drug possession defense attorney

In Illinois, it is a crime to possess illicit substances such as cocaine, methamphetamine, or heroin. However, knowing exactly what counts as being in possession of these substances is not always easy. For example, if a passenger drops a small baggie of cocaine in your car, and it is later discovered by police, are you considered to be in possession of the substance, even though it was not technically on your person? It is essential if you are facing drug charges in Illinois to understand the nature of the charges laid against you and to be fully informed of your defense options. Being charged with possession of a controlled substance can result in significant penalties, so it is imperative to speak with an experienced criminal defense attorney right away.

The Definition of Drug "Possession"

There are two distinct forms of possession according to Illinois law: actual possession and constructive possession. If you are caught by police with illegal drugs on you, this is considered actual possession. The illicit substance may be discovered in your hand, in your pocket, or in a backpack or purse belonging to you. You may also be charged with actual possession if law enforcement witnesses you attempting to hide or dispose of the substance. For example, if an officer sees you throw something out of your car window while you are being pulled over, you may be accused of being in actual possession of an illicit substance.

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St. Charles gun charges defense attorney

Criminal charges related to theft, weapons violations, and possession of controlled substances are often the result of a police search of a vehicle or a home. However, if a police search was conducted, and the proper procedures were not followed, it is possible that any evidence discovered in the search will be inadmissible in court. According to the “exclusionary rule,” the government cannot use evidence against a criminal defendant that was acquired in violation of the Constitution. It is crucial for every person in Illinois to know what their rights are in regard to search and seizure of their property.

When Are Police Allowed to Search My Home?

You have a constitutional right to be free from unreasonable searches of your property. The Fourth Amendment to the Constitution states in part that the right of people to be protected from unreasonable searches and seizures will not be violated and that “no Warrants shall issue, but upon probable cause.” This means that law enforcement cannot search a person’s property without a good reason for doing so. Typically, a person’s residence cannot be legally searched by law enforcement unless the officers have a valid search warrant that was signed by a judge. However, there are several situations in which police can search your home even if they do not have a search warrant.

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juvenile drug court, Naperville juvenile defense lawyers, criminal court, drug possession, drug court programOften, individuals who are charged with drug possession and related offenses are struggling with addiction. Research shows that these individuals generally have a better chance of overcoming their addictions and moving forward with productive lives when they receive addiction treatment, rather than punishment.

Across the nation, drug court programs have been developed to provide the treatment addicted individuals need. When a minor is arrested and charged with a criminal offense, he or she is best served by an experienced juvenile defense lawyer. The juvenile justice system is not the same as Illinois’ adult court system, so choose a lawyer who has worked within this system.

Differences Between Drug Court and Regular Criminal Court

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Defending Against Illinois Drug Possession ChargesA conviction for drug possession can have a tremendous impact on your life, affecting everything from your family to your job to your educational opportunities. Aside from the fact that you now have a drug offense in your history that will appear in any criminal background check, a conviction on a drug offense may bar you from certain government benefits in the future and impede your ability to support yourself and your family. While the penalties for drug possession differ under Illinois law according to the type and amount of drug, as well as other related factors, even a first-time conviction for any drug offense can have negative effects on your future.

Defining Drug Possession Under Illinois Law

In the state of Illinois, it is illegal to possess, sell, distribute, or manufacture any amount of certain illegal drugs. Possession is the most simple drug offense under Illinois law; the state can charge you with a crime if you possess any amount of any illegal drug.

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