Drug Crimes Legal Questions

Were you charged with a crime? If you were charged with a crime, you would be able to question the stop. This would be done by a motion to suppress the evidence. There would be a hearing with regard to the basis for the stop. We would represent you at the hearing for this motion. The prior conduct of the police officer would be relevant. The case is more difficult if you were not charged with a crime. You would and have to bring a civil rights action against the police officer. This must be done in federal court and requires extensive litigation. Please call to discuss.    I would add that the drug cases are coordinated by a Drug Cordinator in the prosecutors office. We work closely with the coordinator. You may have an opportunity to have these charges dismissed. Please call if you would like to discuss representation and costs.... Read Answer

The police and prosecutor will normally charge both occupants with possession. The drugs were in the vehicle and there were two people in the vehicle. If one person will not raise their hand and accept responsibility, then the police charge both occupants.  I am assuming that the other occupant will not except responsibility for the heroin. Your problem is that the police may want the other occupant very badly. As such, they will threaten to punish you severely unless you cooperate against the other occupant in the car. You have the choice of testifying against the codefendant. Please call to discuss.... Read Answer

The affidavit supporting the search warrant is readily available and will be provided to your attorney in the discovery package. Please ask your attorney to give you the affidavit. The affidavit is very specific and it sets forth the reasonable suspicion of a crime being committed at a particular location. The judge  who signed the search warrant reviews the affidavit and, if not satisfied with the facts, will ask that the affidavit be further detailed. Please call if we can help. We have significant experience in drug cases.... Read Answer

   Please contact an experienced attorney as soon as possible. An attorney can help you handle this situation, and possibly get the warrant vacated rather than having you be arrested by law enforcement. Additionally, a lawyer can explain the process as well as your options. These options may or may not include a motion to suppress evidence, a trial or a plea.    This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com www.facebook.com/chicagodefense... Read Answer

It really depends on the actual charge. Generally speaking, however, you will most likely not be able to obtain Federal student loans if you are convicted of a charge of this kind (as drug sale charges usually prevent you from getting certain loans).   Additionally, if your case is still pending, then you may have bigger issues as trafficking charges tend to result in prison sentences.  I recommend that you contact an attorney that has experience in trafficking cases in order to help defend you.   Again, the actual charge will depend on what level felony you are facing.  Without more details about the charge it is unlikely that you will get the answer you need.  Remember though, this is a public forum and you should not share any details about the case itself.  ... Read Answer

I thought I had answered this question. The key to success is having one or more of the people in the car take responsibility for that marijuana. If one of the three will take responsibility, then you can have the charges dismissed against you. As such, you would not be utilizing your one and only one conditional discharge. I would save the conditional discharge for a more important charge against you. I would utilize an attorney to make sure that the charges were either dismissed or were subject to a conditional discharge. I would then have the arrest expunged. You do not want this arrest on your employment record. Please call if we can help with the dismissal or the conditional discharge or the expungement. We have had good success in all three areas. Ed Dimon... Read Answer

The devil is in the details. Please prepare a specific and carefully written personal statement about what took place. Please be specific. Please email me this personal statement and I will review ASAP. what was the basis for the stop? Why were you pulled over? Why did the please officer look inside your car? Where did the police officer find the marijuana? What are the specific charges? We should be able to mitigate the consequences. Please call to discuss.. Ed Dimon  ... Read Answer

The drug investigations are coordinated by a senior officer in the prosecutors office for each county. As such, there is a file on each home where they believe drugs are being distributed. In addition, there are files on people that frequent those homes. What happened to you? Where are you charged? Please call to discuss. Ed Dimon... Read Answer

The police must respond to the scene when the neighbor reported the alleged crime. I am sure the neighbor said that he smelled marijuana. The police can ask questions about the crime.  The police could utilize the information provided by the neighbor. The police questions and actions were ultimately justified by the one defendant pleading guilty to the possession. As such the police actions would be justified. You would not have a successful civil complaint against the police. Ed Dimon... Read Answer

We are involved in the exact type of case. We are working with the judge and prosecutor to have the person re-entered into PTI so that the person can complete PTI and not have a record. We have set forth the drug testing and work record and IRS records and the positI've comments of probation officer. Please call if we can help. Ed Dimon,Esq. 732-797-1600... Read Answer

Illinois may permit you to do whatever you want. However, Federal law generally trumps state Law under the Supremecy clause.  At this point though, you are currently unpermitted to smoke medical marijuana because the program is not currently active.  That means Illinois does not permit you to smoke either. You may have some better options once January 1 rolls around, but right now you are not permitted to smoke by the Federal or State government.  If you choose to do so, you take your own risks.        ... Read Answer

  It is always advisable to be represented by counsel in a criminal case. An experienced criminal defense attorney will be able to evaluate the evidence against you and will be able to advise you of your alternatives. Additionally, an attorney will be able to inform you of the ramifications of the alternatives that you are facing.   This posting is for informational purposes only. It does not constitute legal advice nor establish a relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer