Are You Facing Drug Charges after an Illegal Search and Seizure?

 Posted on June 16, 2023 in Drug Crimes

Recently, in Illinois, fentanyl-laced pills worth up to $10 million were found in an I-57 traffic stop. Last year, Illinois State Police and drug task groups seized nearly 27 thousand pounds of drugs. But what happens when authorities violate your rights during a search and seizure? While it is against the law to possess any amount of controlled substances if police illegally searched your car and found drugs, you may have a strong defense in court as they may constitute an illegal search and seizure. If you are facing drug crime charges, it is important to understand the serious consequences that can come with a conviction and to seek the help of a criminal defense attorney.

A Violation of Constitutional Rights

The Fourth Amendment of the United States Constitution protects citizens from illegal search and seizure. That means that law enforcement officials must have a warrant or probable cause to search your home, car, or person.

An experienced criminal defense attorney can review the details of the search and determine if your constitutional rights were violated. If law enforcement officials did not have probable cause, a valid search warrant, or if they exceeded the scope of the warrant during the search, any evidence obtained during an illegal search can be tossed out because there was a violation of your rights. An attorney can file a motion to suppress the evidence obtained during the illegal search. This is known as the exclusionary rule which prohibits the use of illegally obtained evidence in court.

In addition, an attorney can help you build a strong defense by challenging the credibility of witnesses, questioning the accuracy of lab results, or negotiating with the prosecution to potentially reduce the charges or penalties you face.

Challenging the Legality of a Search and Seizure

Drug crimes can include possession, distribution, manufacturing, and trafficking of illegal drugs and substances, and can result in severe penalties such as fines, probation, and even imprisonment.

However, it is important to remember that everyone deserves a fair defense, no matter the circumstances. An experienced criminal defense attorney can help you understand your legal options and work towards the best possible outcome for your case. This may include challenging the legality of the search or seizure, questioning the credibility of witnesses, or negotiating with the prosecution to potentially reduce the charges or penalties you face.

You may have to explore the possibility of drug treatment programs or diversion programs that may help you avoid a criminal record and get your life back on track.

Contact an Elgin, IL Illegal Search and Seizure Criminal Defense Lawyer

If you are facing charges for a serious drug crime, it is important to understand your legal rights and protections. At The Law Office of Brian J. Mirandola we have the experience to derail the prosecution’s case. A skilled Kane County criminal defense attorney can identify an illegal search and seizure and help protect your rights. Call 847-488-0889 for a free consultation.

Sources:

https://www.illinois.gov/news/press-release.26038.html#
 
https://abc7chicago.com/fentanyl-drug-bust-i-57-illinois-state-police/13305712/
 
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072500050HArt%2E+108&ActID=1966&ChapterID=54&SeqStart=11400000&SeqEnd=13000000
 
https://ilga.gov/legislation/ilcs/documents/072500050K114-12.htm