3 Defense Strategies for Individuals Accused of Drug Crimes in Illinois

 Posted on April 06, 2022 in Criminal Law

Whether the charges are for drug possession, drug manufacturing, or drug distribution, being accused of a drug crime can dramatically alter your life. Depending on the type of substance and the amount of the substances allegedly in your possession, drug crimes can lead to profound consequences, including years behind bars.

If you or a loved one were arrested for a drug-related offense, contact a skilled criminal defense lawyer right away. Do not answer any questions from police and remain silent. Your lawyer will ensure your rights are not violated and help you form a strong defense strategy.

Drugs Were Discovered During an Illegal Search and Seizure

Police and other government officials are bound by the U.S. Constitution and other laws. They cannot search your home or property without just cause. To search a residence, police typically need a search warrant signed by a judge. Vehicle searches do not require a search warrant, however police do need probable cause to search a car, truck, or other vehicle without your consent. This means that the police must have a reasonable belief that a crime has taken place or there is illegal contraband in the vehicle.  If a police search is deemed unlawful, any evidence obtained in the search may be inadmissible during court. So, if police did not have a valid reason to search your property, any drugs or paraphernalia they found will not be usable in the prosecution’s case against you.

Lack of Knowledge or Intent

Many people share rides with others or borrow property from friends and family. It is not unreasonable that an individual may be in possession of drugs or other illegal materials without their knowledge. For example, you may borrow a backpack that contains a controlled substance in a zippered compartment or share a ride with someone transporting drugs. Lack of knowledge or lack of intent can sometimes be successfully used to defend against drug charges.

Entrapment by Police

Entrapment is a rare defense strategy, but it is possible in some circumstances. Law enforcement often use undercover agents to find out how drugs are being manufactured and sold. Police are legally permitted to lie or pretend to be someone else, however, they cannot encourage or force illegal behavior. There is a fine line between sting operations and entrapment. If your drug charges resulted from an undercover police operation or drug bust, contact a lawyer to discuss the situation and learn whether entrapment may be a potential defense.

Contact an Arlington Heights Drug Crime Defense Lawyer

If you or a loved one were charged with drug possession, drug manufacturing, drug distribution, or another criminal offense, contact our Rolling Meadows criminal defense attorney for help. Call Scott F. Anderson, Attorney at Law at 847-253-3400 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402