This is the next article in my series on the handling of federal criminal charges in our area of Illinois. My last article provided an overview of topics which this series will be discussing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been charged by the US government. It is important that you begin the process of selecting counsel immediately as not all attorneys are licensed in Federal Court. In this article, I will be discussing the handling of cases which involve drugs or other controlled substances. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Federal drug charges in the Central District of Illinois will often hinge on search and seizure issues
One of the most important aspects of any narcotics case is whether the drugs were found through law enforcement’s violation of the Fourth Amendment. This amendment requires that law enforcement typically acquire a warrant before conducting a search. Also, individuals may not be detained on the street unless the police or FBI have “reasonable suspicion” that criminal activity is occurring. If these aspects of the amendment are violated, and drugs are found as a result, then it may be possible to gain a Court ruling stating that the narcotics may not be admitted into evidence. Depending on the facts of the matter, this may lead to a dismissal of the charges.
Consider the following example. Jack is driving through a high crime area on his way home from work. He is obeying all traffic laws. The police pull him over and want to ask him “a few questions” because they believe he “looks out of place.” Through the window, the police observe what appears to be a baggie of cocaine sitting in the cup holder. Jack is arrested and taken to jail. He is subsequently charged in the Central District of Illinois. In their police report, the police admit that the only reason they stopped Jack was his mere presence in the area. Simply being in an area, however, is not proof of criminal activity. Under these facts, the stop of the vehicle may well have been unconstitutional. If a Court agrees then all evidence obtained after the stop of the car may be ruled inadmissible and it is possible that the charges will be dismissed. It must be remembered, however, that how a Court will rule in any given situation will always depend on the facts of the case.
While the foregoing example is straightforward, it should be understood that the Fourth Amendment is a complicated area of law. Whether or not law enforcement was permitted to stop an individual or conduct a search will always depend on a range of facts and how the law applies to those facts. Retaining an attorney who is experienced in such matters can be an important step towards ensuring that your rights are protected.
Defendants may have other defenses available besides the raising of search and seizure issues
While drug charges often hinge on search and seizure issues, other facts can impact a case. The prosecution bears the burden of proof and must establish, beyond a reasonable doubt, that an individual knowingly possessed drugs. Other issues may be raised as well. I make this point to raise the fact that one should not simply assume that there is “nothing they can do” if they have been arrested. Discussing your situation with an attorney as soon as possible is crucial after any arrest.
If you or a loved one are facing drug charges then contact my office today to speak with a federal criminal defense lawyer. I am licensed to practice in the Central District of Illinois and my firm handles cases in both Peoria and Urbana. I understand that this is a crucial time in your life and my firm will give your case the attention it deserves. Contact us online or by telephone. I look forward to speaking with you.