Chicago Drug Crime Attorney

In many cases, criminal charges for drug possession or delivery are based on evidence recovered during an arrest. One of the most common ways a defendant can challenge criminal charges is to show that this evidence was obtained through illegal search and seizure, such as searching a person’s car or home without obtaining a search warrant. A defendant may also be able to show that drugs belonged to someone else, were planted by police officers, or were being used legally.

Forfeiture occurs when money or property is seized by law enforcement, and this often happens in cases involving alleged drug crimes. Criminal forfeiture may occur as part of a sentence after a person has been convicted. Civil forfeiture may occur whenever law enforcement officials believe that money or property has been used to commit a crime or obtained through criminal activity. A criminal defense attorney can help defend against civil forfeiture and recover property that was wrongfully seized.

Even if you do not believe that you can win your case, you should not simply plead guilty and hope that the prosecutor or judge will be lenient when imposing a sentence. A criminal defense attorney can help you negotiate a plea deal in which charges or penalties may be reduced, or they can help you determine whether you may be eligible for diversion programs, such as probation for first-time drug offenders.

Parole and probation are both alternatives to time in prison. Probation usually allows a person to avoid a prison sentence as long as they comply with certain requirements, such as participating in drug treatment, maintaining employment, and refraining from criminal activity. Parole may be granted after a person has served some of their prison sentence, and it may allow them to be released early and begin reintegrating into the community.

In some cases, a prosecutor may bring a drug case before a grand jury to determine whether the defendant can be indicted, or formally charged with a crime. The prosecutor will present evidence or call witnesses to testify, and the grand jury may also issue subpoenas to obtain evidence or have witnesses provide testimony. The members of the grand jury will vote to decide whether there is enough evidence to show that a trial should take place.

Federal and state governments group illegal drugs or controlled substances into several categories, known as “schedules.” Schedule I drugs, such as heroin, cocaine, and LSD, are considered the most addictive and harmful substances that do not have accepted medical uses, and the other schedules have less potential for abuse or dependence. The federal government considers marijuana to be a Schedule I drug, but this substance has been legalized for recreational and/or medical use in several states, including Illinois.