What is Drug-Induced Homicide in Chicago, Illinois?
You can be charged with drug-induced homicide in Chicago if you allegedly delivered a controlled substance, such as heroin, fentanyl or cocaine, to another person who died after injecting, inhaling, absorbing or ingesting that substance.
In order for you to be charged with this offense, it will have to be established that unlawful delivery did indeed occur and that the drugs you provided were a contributing cause of the death. This charge is usually applied to friends, partners or acquaintances as opposed to dealers. Even without intent to kill, this charge can be applied to you. And even when multiple substances or factors are involved, you can still end up facing charges.
Because these cases are aggressively pursued by prosecutors in Illinois, it is imperative that you quickly reach out to a Chicago drug-induced homicide lawyer for aggressive legal defense.
When your reputation and future are on the line, following drug-induced homicide charges, you should not hesitate to speak with our Chicago drug defense lawyers. To benefit from our more than 60 years of combined legal experience, call our office today at (314) 900-HELP.
The Link Between Chicago Overdose Deaths and Criminal Charges
Because overdose deaths automatically trigger homicide investigations, you can find yourself in a shocking and entirely unforeseeable situation, facing criminal charges. Under Illinois law, prosecutors do not need to prove that you intended to kill anyone, only that an unlawful delivery of a controlled substance contributed to the victim’s death.
Other things you should be aware of:
- Multiple people can be charged from one death
- Indirect delivery or sharing can lead to charges
- Broad theories of causation may be applied
With these cases being highly aggressive and fact-dependent, the sooner you can retain skilled and hard-hitting legal defense, the better.
How Chicago Drug-Induced Homicide Cases are Investigated
Chicago investigations for drug-induced homicide cases are conducted as follows:
- Scene Investigation: CPD detectives treat the scene of a fatal overdose as a homicide scene. They search for drug paraphernalia, identify the source of the drugs and document the area.
- Digital Forensics: Detectives will gather evidence such as the victim’s phone, social media accounts, text messages and call logs to attempt to identify the supplier.
- Medical Examiner Collaboration: Investigators work alongside the medical examiner to review toxicology reports and determine the exact substance that caused the death.
- Surveillance and Timeline Reconstruction: Investigators will often review surveillance footage, doorbell cameras, and witness statements to reconstruct the victim’s movements and contacts leading up to the overdose.
- Evidence Collection and Chain of Delivery: A “chain of delivery” will have to be established, linking a specific alleged transaction to the substance involved in the death and ultimately to you.
These investigations often rely on circumstantial evidence, which creates opportunities for misinterpretation. When law enforcement and prosecutors are coming after you, you can count on our team at Combs Waterkotte to push back and defend your rights.
How Prosecutors Prove Drug-Induced Homicide in Chicago
Prosecution will have to prove beyond a reasonable doubt that you delivered the drugs and that the substance was a contributing cause of the victim’s death.
They attempt to do this through:
- Cell Phone Forensics
- Social Media Data
- Banking and Financial Records
- Toxicology and Autopsy Reports
- Witness Testimony
These cases can be challenging for prosecutors to prove, however, as they have to trace the drugs to a specific seller and as the victim may have been using multiple drugs or alcohol. Toxicology results may not definitively identify a single source of the substance and digital communications and witness statements are open to interpretation.
Penalties for Drug-Induced Homicide in Chicago
A Class X felony offense, drug-induced homicide will result in the following penalties:
- A Mandatory Prison Sentence of 15-30 Years (probation is not available)
- An Extended Sentence of 30-60 Years, in Certain Circumstances
- 75%-85% of the Sentence Must be Served, Before Release Eligibility
- A Term of Mandatory Supervised Release Following Incarceration
- No Probation / No Alternative Sentencing
Additionally, depending on the facts of the investigation, defendants may also face federal scrutiny or charges. With a felony on your criminal record, you will also be facing housing and employment limitations and the loss of your firearm rights. Because of the severity of these penalties, you should speak with a Chicago drug defense lawyer today to safeguard your legal rights and options.
Common Defenses in Chicago Drug-Induced Homicide Cases
When you are being investigated for drug-induced homicide in Chicago, you should know that there could be a variety of defenses that can be applied to your case.
These include:
- Challenging Proximate Cause: This is when we argue that the specific drug provided by you was not the sole or direct cause of the victim’s death. We may be able to show that alternative substances were in the victim’s system and/or the victim had a pre-existing medical condition.
- Lack of Knowledge or Intent: If the drugs were obtained through other means, then your alleged delivery to the victim, then these charges may not stand against you. We might also be able to show that you believed you were delivering a different, less potent drug.
- Shared Possession Defense: If it can be shown that you and the victim were co-users who purchased the drugs together, this may mitigate your charges to simple possession.
- Constitutional Violations: If your Fourth Amendment rights were violated, we may be able to suppress evidence such as the drugs themselves or your text messages.
- Mistaken Identity: We may be able to argue that your text messages are ambiguous or that the witness testimony is unreliable. If there is no evidence clearly identifying you as the source, then your case may be able to be dismissed.
Your Constitutional Rights in a Chicago Drug-Induced Homicide Case
When you are going through a Chicago drug-induced homicide investigation or court case, our team can ensure your rights remain protected.
You possess fundamental constitutional rights that can protect you from law enforcement and prosecutor overreach, including:
- The Right to Remain Silent: Under the Fifth Amendment, you don’t have to answer questions from law enforcement. Speaking to police without your attorney can harm your case.
- The Right to Counsel: Under the Sixth Amendment, you have the right to a lawyer during any interrogation and throughout the court process.
- Protection Against Illegal Search and Seizure: Under the Fourth Amendment, police must have a warrant or probable cause to search your home, phone or person. Additionally, if evidence was obtained illegally, we may be able to file a motion to suppress it in court.
- The Right to Due Process and a Fair Trial: The prosecution will have to prove every element of the crime beyond a reasonable doubt, which includes that you delivered the substance and that it was the direct or contributing cause of death.
- Protection Against Self-Incrimination: You cannot be forced to provide testimony or evidence that may implicate you in a crime.
