The consequences for drug charges in Illinois can range from a civil penalty to decades in prison. However, most of these charges have similar repercussions, including a criminal record that may negatively impact the convicted individual’s job opportunities, government assistance, and professional licensing.
The experienced attorneys at Combs Waterkotte have defended over 10,000 criminal cases. We understand which defenses work in drug cases because we’ve used them to win dismissals, acquittals, and favorable plea deals. Connect with us today to discuss your drug charges and the defenses we can use to fight them.
This article will address the following:
- Steps to take after you’re arrested or charged with drug crimes
- Defenses that can beat a drug charge in Illinois
- Evidence that you may need to overcome your drug charges
Steps to Take When Facing Drug Charges in Illinois
Your actions during and after an investigation for drug crimes could determine whether you overcome your drug charges or face the possibility of a conviction. Here’s what to do (and what not to do) when the police make contact with you:
Don’t Speak to the Police
Police officers are trained in sophisticated interrogation techniques. Even if you don’t feel like you’re being questioned, the police may still use anything you say to gather information to arrest, charge, and prosecute you.
However, you aren’t required to speak to the police. Under the Fifth Amendment to the U.S. Constitution, you have the right to decline to answer questions posed by police officers.
At the same time, you shouldn’t lie to the police or attempt to physically flee or elude them. Instead, assert your Fifth Amendment rights or your right to remain silent until they let you go or find other evidence to support an arrest.
Don’t Give Permission to Search Your Body or Property
The Fourth Amendment only allows the police to search your person or property if they obtain a search warrant, secure your permission, or are in a situation that justifies a warrantless exception. Some common warrantless exceptions include evidence in plain view, searches incident to an arrest, and searches of vehicles based on probable cause.
The police often lack the grounds to conduct a warrantless search or obtain a search warrant. Moreover, officers will generally avoid expending the time and effort to petition a court for a search warrant if they only have unverifiable suspicions of criminal activity.
As a result, the police may ask you for permission to search your body, vehicle, or home. In these cases, your consent allows them to do something they might not otherwise be able to do. More specifically, officers can go on a “fishing expedition” looking for evidence of a crime when they have no reason to suspect one.
Bear in mind that many drug charges arise from interactions that seem innocent. For instance, the police might stop you for a traffic violation, such as speeding, and smell marijuana.
Since possession and use of marijuana is mostly legal, the officer will need additional evidence to prove that you committed a crime, such as driving under the influence. When you consent to a search, you hand them the ability to look for that evidence.
Moreover, the results of the search can be used against you even if they turn up evidence of a crime unrelated to the marijuana smell. Thus, you could face charges for cocaine possession after the police find a baggie of the drug during a consensual search, even if the police never suspected cocaine use.
Contact a Lawyer if You’re Questioned or Arrested
If the police decide to question or arrest you, it’s critical to assert your right to a lawyer. Attorneys know how to ensure that their clients give the police as little potentially incriminating information as possible. Even if you feel the need to tell your side of the story, you should refrain from talking until your lawyer arrives.
For example, suppose that the FBI found drugs, plastic bags, and a scale in your home and arrested you for federal drug crimes.
Even if you weren’t involved in your roommate’s drug trafficking activities, you should wait until you’ve spoken to a lawyer before blaming them. Talking without a lawyer might allow prosecutors to twist your words to make it seem like you knew about or even facilitated the trafficking.
Defenses That Can Beat a Drug Charge in Illinois
Once drug charges are filed, you must begin building your criminal defense. The following defenses may help you beat a drug charge:
Lack of Intent
Drug crimes typically require knowledge and intent. As such, you may be able to defend yourself by pointing out that the prosecution has failed to establish intent or by presenting evidence of your lack of knowledge.
Drug possession in Illinois requires proof that you “knowingly” possessed a controlled substance. You could use your lack of knowledge to establish a defense in many scenarios.
For example, your friend might have given you a pill without telling you what it was, or they might have lied by saying it was a sleeping pill rather than oxycodone. Similarly, someone might have dropped drugs in your car without your knowledge.
Illegal Search
The Fourth Amendment prohibits unreasonable searches and seizures. When you successfully challenge a warrantless search, the court will remedy the violation of your rights by barring the prosecution from using any illegally obtained evidence.
If an illegal search uncovered the drugs used to charge you, the prosecution can lose the evidence at the heart of their case.
Evidence That May Help Your Illinois Criminal Defense Lawyer
In a criminal prosecution, the state bears the burden of proving the elements of the alleged offense beyond a reasonable doubt. Therefore, your lawyer will seek out evidence that raises reasonable doubts in jurors’ minds.
Eyewitness testimony that you weren’t involved in the drug crimes can help you prove that you didn’t participate by possessing, transporting, or manufacturing the drugs.
Similarly, chemical testing might establish that you didn’t use drugs if you face DUI charges. Alibi witnesses can also prove that you were somewhere other than the location where the alleged drug crimes occurred.
The right evidence can also help you demonstrate that the state’s case was constructed improperly.
For example, dash camera footage might show that you didn’t commit the traffic violation that gave the police probable cause to stop you for driving under the influence of drugs. Alternatively, body camera footage might prove that you refused to consent to a search of your home that turned up illegal drugs.
Contact Combs Waterkotte to Start Building Your Defense Against Drug Charges in Illinois
A conviction for drug charges could result in the loss of your freedom and a permanent criminal record. Contact us online or at (314) 900-HELP to learn more about how to beat a drug charge and safeguard your future.
