Illinois Drug Crimes Legal Questions

   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

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

   Please contact an attorney as soon as possible. If your son is being referred to Juvenile Court, he will need to be represented by an attorney; juveniles cannot represent themselves. Should you not be able to afford an attorney, a public defender will be appointed for him. The court will determine whether or not your son is eligible for the services of an assistant public defender.    Being referred to Juvenile Court is a very serious matter. Please contact an attorney as soon as possible. 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

  It is always advisable to be represented by experienced counsel when facing criminal charges. The police are on the same side as the prosecution and it is not there position to assist you. The only person who can and should advise you is an experienced criminal defense attorney.  A lawyer will review your case and the facts surrounding it and will be able to apply the law to your situation. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896 @LoriLevin (twitter)... Read Answer

You have a few issues.  What you probably need is an expungement to wipe that charge out.  However, some recruiters are willing to accept a letter from the State's Attorney's Office explaining why the marijuana was not charged.   It would not be a bad idea to contact a private attorney to see if you qualify for an expungement, or else see what your recruiter needs to see.    ... Read Answer

Depending on what your disposition was, you may want to consider a "sealing" or "expungement".  I don't think its possible to answer your question without knowing more information, such as how many years ago was your case and what the exact disposition was.  There are free expungement clinics though, if you look through the internet.  ... Read Answer

If he was charged with a Misdemeanor level offense, he can expect to be asked whether he would like to hire an attorney, request a Public Defender, or represent himself.  If your son is in college and receives financial aid, you may want to make sure any disposition involving cannabis does not affect his financial aid status.  ... Read Answer

There are many ways in which this is possible. For example, if your son-in-law said that he had just smoked the crack cocaine with Mom, then he could be considered to have "constructive possession" of the crack cocaine.  Just because it was not on him at the exact time he got arrested did not mean he can't be charged with it.  Here is a classic example: Drug dealer gives patsy 1 kilo of cocaine. Drug dealer can still be charged with possessing the cocaine, and distributing the cocaine, even though patsy is the one arrested for it.   ... Read Answer

Your sentence will vary based on how many pain pills were taken or the total weight of the controlled substance.  However, if you are a first time offender, try to get your charge amended to attempt possession of a controlled substance, or get sentenced to Section 410 probation, or TASC probation.    ... Read Answer

You do not require "direct" evidence to prove a crime.  A conviction resting solely on circumstantial evidence is sufficient.  Classic example:  Baby is heard crying. Man walks into the room, kills baby. Baby is no longer crying. Witnesses see man walk out with bloody hands.  No direct evidence is necessary.  A second example is if there's text messages from you saying "Come over, I've got 5 grams of Cocaine", and people see your client come over. Immediately after leaving, they find 5 grams of cocaine on him.  Its reasonable to say that you are the dealer.    ... Read Answer

  This question cannot be answered without knowing the disposition of the case as well as the criminal history of the person involved. Please contact an experienced criminal defense attorney to discuss your son's situation.   This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896... Read Answer

    Without knowing the facts and circumstances, it is difficult to answer the question. It is possible that if you are the legal resident of a home or apartment and the police recover contraband that you may be subject to prosecution. It is best to contact experienced defense counsel to best advise you. If you are arrested or receive a letter that you have been indicted, contact a lawyer immediately.      This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. 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

   Please contact an experienced criminal defense attorney as soon as possible. You need informed legal advice to determine the appropriate legal strategies to endeavor to help you. Criminal matters are serious and the ramifications of a conviction or convictions are also serious. Please contact a knowledgable lawyer as soon as possible. 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

  You do not state the age of your son. If he is an adult, he should contact an experienced criminal defense attorney as soon as possible, if he is a juvenile, you should do so. It is unclear from the facts that you posted whether or not the search was permissible under the law. A lawyer who reviews the reports and speaks with your son will be in the best position to advise him of strategy to combat the charges or other ways of disposing the case.   This posting should not be considered legal advice nor the establishment of an attorney-client relationship. 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

  Please contact an experienced defense attorney as soon as possible to assist your son with his pending criminal charges. Based upon the scenario presented, there may or may not be legal issues that can be explored to help him. Without actually speaking with your son, it is difficult, if not impossible to determine his options.   This posting is for informational purposes only and does not constitute legal advice nor the establishment of an attorney-client relationship. 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

  Please understand that if a petition to violate your probation is filed, the burden of proof to find you in violation is less than beyond a reasonable doubt. A general condition of probation is that you are not to commit any violations of the law. If your roommates are arrested for possession of controlled substances, there is always the possibility that you could be arrested too.    This posting is for informational purposes only and does not constitute legal advice nor the establishment of an attorney-client relationship.   Please consult with an attorney to determine your options. 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

   Based on the facts that you have presented, it appears that the juvenile authorities are evaluating whether or not to send you to juvenile court or an alternative to court. Their decision could have serious implications for your future. Please speak to your parents and have them contact an attorney as soon as possible. Lori G. Levin 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

   Since you are charged with a felony and have received a ruling in your favor, I presume that you have an attorney. Only someone familiar with the facts of your case as well as the police reports, prior transcripts, etc. can adequately and fully advise you of trial strategy.    You should meet with your attorney as soon as possible to discuss your case and flesh out your defense. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60605 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

  Although you posted this some time ago, if the situation has not been resolved, you should contact an attorney as soon as possible. It is unclear from your question, what may have happened three years ago and whether it is still within the statute of limitations to be prosecuted.   Persons under investigation should never negotiate with law enforcement without the benefit of experienced counsel. Please contact an attorney as soon as possible.   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

   Although you posted this some time ago, you state that you have an attorney. You should contact your attorney who can advise you with regards to every aspect of your case. This is a public forum, where the postings are not confidential and the answers do not constitute legal advise. You should assume if the bond conditions state drug testing each court date that they mean drug testing each court date.    Please contact your attorney. 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

   You are 17 years old and have been charged with crimes as well as traffic offenses. You need to obtain an attorney as soon as possible who can provide you with legal advice. The evidence, including any and all police reports, need to be evaluated. The attorney can best advise you of any possible pre-trial motions, any plea offers, or whether your case is a triable case.    Please understand that this is a general answer and does not constitute legal advice. Please contact a lawyer as soon as possible. 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

   A judge may or may not allow a private attorney to file an appearance in an ongoing case. If the case is relatively new, the court may be more inclined to allow a private counsel to file an appearance. If the trial has been set, the court may feel that changing counsel is a dilatory tactic. If the trial is in progress, the assistant public defender will continue until the trial is completed. If a defendant has been found not guilty, it is over. If he is found guilty, a private attorney may be allowed to file an appearance for purpose of the motion for a new trial, sentencing and/or appeal.    In order to make the determination, please contact private counsel of your choice who can best advise you if it is feasible to represent your son. 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

   Although some time has elapsed, if you have not done so, you should immediately contact an experienced criminal defense attorney. The law of search and seizure is very complex and rests, in part, on the facts alleged by both sides. You do not state how or why the police were in the premises and if they had a right to be there. Although the police may have had the power to arrest the inhabitants immediately, they did not have to do so.    If you know, as in this instance, that you are under investigation, an experienced attorney can assist you. Furthermore, you should not discuss the matter with law enforcement until you have obtained counsel. 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