The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

Aurora IL criminal defense attorneyWhen a person is arrested and charged with drug crimes, the prosecution’s case will often rely on the evidence recovered. Drugs or drug paraphernalia that are found on a person, in their vehicle, or in their home may be used as evidence, and depending on the amount of drugs and other types of evidence, such as materials used to manufacture or package drugs, a person may face charges of drug possession or drug manufacturing and delivery. However, police officers are required to follow the law when performing searches, and in cases involving illegal search and seizure, the evidence recovered by police officers may be inadmissible.

Understanding Illegal Search and Seizure

The Fourth Amendment to the U.S. Constitution provides people with protection against unreasonable searches and seizures. The “exclusionary rule” applies to evidence obtained through these types of unreasonable searches, meaning that evidence that was obtained illegally cannot be introduced in a criminal case against a defendant. In addition, the “fruit of the poisonous tree” doctrine also applies, and this states that any evidence derived from evidence that was obtained illegally will also be inadmissible in court.

Typically, law enforcement officials must receive a search warrant before performing a search of a person’s property, including their home or vehicle. However, a few exceptions may apply to this requirement, including:

  • Probable cause - A search may be performed if a police officer has a reasonable suspicion that a person has committed a crime, and this suspicion is supported by the facts available to the officer before performing the search. For example, a police officer may notice the smell of marijuana after pulling a person over for a traffic violation, and this may provide them with probable cause to search the vehicle for drugs.

  • Items in plain view - A warrant will not be needed for items that can be plainly seen by police officers, such as drugs or drug paraphernalia that are visible through the windows of a vehicle.

  • Search incident to arrest - When lawfully arresting someone, police officers are allowed to perform a search of their person. Evidence found in these searches, such as baggies of drugs in a person’s pockets, will usually be admissible in court.

  • Consent - Searches may be performed without a warrant if a person voluntarily gives permission for law enforcement officials to do so.

Contact Our Aurora Drug Charges Defense Lawyer

If you have been arrested and charged with a drug-related offense, The Law Office of Brian J. Mirandola can review the circumstances of your arrest and determine whether police officers performed an illegal search. We will fight to make sure any evidence that was obtained through illegal search and seizure will not be used in your case. To get the defense you need, contact our Kane County criminal defense attorney at 847-488-0889 and schedule a free consultation today.

 

Sources:

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

https://www.law.cornell.edu/wex/unreasonable_search_and_seizure

https://www.law.cornell.edu/constitution-conan/amendment-4/search-incident-to-arrest

Last modified on

IL defense attorneyUPDATE: As of January 1, 2020, Illinois laws regarding marijuana have changed. Adults over the age of 21 are allowed to possess and use up to 30 grams of cannabis for recreational purposes, and adults and minors may also possess and use marijuana for medicinal purposes if they have a debilitating medical condition and are authorized to participate in the Medical Cannabis Patient Program. Along with these changes to the law, the penalties that minors may face for possession of marijuana have been updated.

Minors under the age of 21 are prohibited from possessing or using marijuana, with the exception of those who are authorized to use medical cannabis. However, possession of marijuana by a minor is no longer a criminal offense, but is instead treated as a civil law violation. This type of violation may be punished by a fine of $100-200. If a minor is found to be in possession of marijuana in a motor vehicle, their driver's license may be suspended or revoked.

While minors may not be charged with a criminal offense for possession of marijuana, they may face a variety of other penalties. To determine how to minimize the potential consequences a child may face in cases involving marijuana, families will want to consult with an Elgin criminal defense lawyer.


Children who are exposed to drug usage at a young age are more likely to start abusing drugs themselves. Adults who possess or use a controlled substance can face felony charges which leads to fines, jail time, and probation.

Juveniles who are caught in possession, or using, drugs will not face felony convictions because the Illinois court system focuses on rehabilitation rather than punishment. The hope is to steer young adults away from drug use before they get into real trouble after reaching full adulthood.

Illinois Drug Laws

Juveniles face the same drug rules that adults do, except that tobacco is also considered a “controlled substance” because nicotine is addictive. In July, Illinois raised the legal age to purchase cigarettes and e-cigarettes from 18 to 21 years old.

As for other controlled substances, there is zero-tolerance for minors to possess or use drugs. Adults who are caught selling drugs to minors face twice the amount of jail time than if they sold to another adult. The minors are punished by:

  • Drug counseling for the minor and their parents.
  • Probation in that a minor will be required to attend check-in with a probation officer while also attending school regularly and participating in community service. If the minor is of legal working age, they will also be required to maintain a job.
  • Complete a diversion program which is similar to probation, but less formal because the minor will not have to go through juvenile court to have their probation requirements ordered.

Only in serious cases - or repeat offenses - will a child be sent to detention for drug possession. Aside from a juvenile detention facility, a minor offender can be sentenced to home confinement, foster care, or sent to a juvenile home.

Defending Against Juvenile Drug Charges

While the crime will not usually see a child sent to jail or have a permanent blemish on their record, it is still serious when a juvenile is convicted of drug possession. It can be difficult for the child to receive acceptance into a good college, enlist in the military, or eventually land the job of their dreams.

This is why minors and their parents should seek the help of a criminal defense lawyer who can investigate whether or not:

  • The minor’s rights were compromised in an illegal search and seizure.
  • The minor knew that they were in possession of a controlled substance; prosecution must prove this in order to convict.
  • The police involved acted professionally throughout the arrest of the minor.

A lawyer can also help the parents of the child if it is found out that the adults involved were also in possession of controlled substances. This could lead to child abuse offenses if the parents used the drugs around the minor.

Contact an Elgin, IL Drug Crimes Attorney

Minors have their whole lives ahead of them and a possible drug conviction could change the course of their lives. The lawyers of the Law Offices of Brian J. Mirandola can help make sure a minor avoids serious punishment from a drug charge. To schedule a free consultation with a Kane County drug crimes lawyer, call our office at 847-488-0889.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

https://norml.org/laws/item/illinois-penalties

https://www.illinoispolicy.org/illinois-becomes-1st-state-in-midwest-to-raise-tobacco-age-to-21/

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992&ChapterID=35

https://www.ilga.gov/legislation/ILCS/ilcs3.asp?ActID=1937&ChapterID=53

Last modified on

Kane County drug crime defense attorneyThere are multiple different types of illegal drugs and controlled substances that may be available to people in the United States. These substances are strictly regulated, and possession of illegal drugs can result in serious criminal charges. However, a person can be charged with an even more serious offense if they are accused of manufacturing drugs or selling controlled substances. These charges may apply if a person allegedly sold or delivered drugs to someone else, but possession of large amounts of drugs may also be seen as an indication that a person intends to sell or distribute these substances. Those who are facing these types of drug charges should be sure to understand how Illinois law applies to their situation, and by working with a criminal defense attorney, they can determine the best strategy for defense.

Drug Manufacture and Drug Delivery Charges in Illinois

According to the Illinois Controlled Substances Act, drug manufacturing involves producing, preparing, compounding, or processing controlled substances. This may include mixing different components of a drug, synthesizing chemical substances, or packaging and labeling substances to make them available for sale. Drug delivery includes any transfer of possession of controlled substances from one person to another, whether a person does or does not receive payment or anything else in exchange.

The specific penalties for drug manufacturing or delivery will depend on the types and amounts of drugs involved in a case. For substances that are grouped in Schedule I and classified as the most dangerous and addictive drugs with little to no legitimate medical uses, manufacturing, delivering, or possessing with intent to deliver will result in Class 1 felony charges at minimum, and for larger amounts, a person may face Class X felony charges.

For example, manufacturing or delivering between 1 and 15 grams of heroin or cocaine is a Class 1 felony, and a conviction can result in a jail sentence of 4 to 15 years and a maximum fine of $250,000. For cases involving more than 15 grams, Class X felony charges will apply, and in cases involving more than 100 grams, fines may be as high as $500,000 or the total street value of the drugs. A person will face a minimum six-year prison sentence if they are convicted of a Class X felony, with longer sentences for higher amounts of drugs. The maximum sentence, which applies in cases involving 900 grams or more of heroin or cocaine, is 60 years.

While lesser charges will apply for drugs that are considered less dangerous, all cases involving the manufacture or delivery of controlled substances will result in felony charges. Even in cases involving Schedule V drugs, which are considered the least dangerous and addictive substances, a person may be charged with a Class 3 felony, and a conviction can result in a jail sentence of two to five years and a fine of up to $75,000.

Contact Our Elgin, IL Drug Charges Defense Attorney

If you have been accused of manufacturing or selling controlled substances, you need a knowledgeable attorney on your side who can help you determine your best options for defense. The Law Office of Brian J. Mirandola provides legal help in cases involving drug possession and drug trafficking, and we will fight to protect your rights and help you avoid a conviction. Contact our Kane County drug crimes defense lawyer at 847-488-0889 to set up a complimentary consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

Last modified on

Aurora drug possession defense attorneyEspecially during these times of pandemic anxiety, many people may look for ways to relax in the form of opioids and other prescription drugs. You might think this is not a crime because the drugs are not illegal, but if you yourself do not have a prescription for those drugs and yet still possess, use, distribute, or sell them, you may be charged with a drug crime in Illinois. Here are the types of drugs and their possession consequences. 

Types of Prescription Drugs You Cannot Possess without a Prescription

Before the COVID-19 pandemic even arrived in the United States, there was an epidemic of another kind destroying lives: the opioid epidemic. And while the focus these days is primarily on the virulent pandemic, illegal prescription drug use, abuse, possession, sale, and distribution are all common, possibly even more so, during these difficult times. 

Per the Illinois Controlled Substances Act, charges and penalties concerning drugs do not just involve illegal drugs like heroin, ecstasy, and LSD, classified as Schedule I controlled substances; they also include prescription drugs like painkillers and psychiatric medicines that have the potential to put local citizens’ health and well-being at risk if not taken under the proper guidance and supervision of a qualified doctor. Among the most common prescription drugs that people might be charged with possessing in Illinois are:

  • Stimulants (Schedule II), such as Adderall, Ritalin, and amphetamines

  • Opioids and other narcotics (Schedule II), such as morphine, methadone, oxycodone, and hydrocodone. These drugs have brand-names registered as Oxycontin, Percocet, and Vicodin

  • Other pain relievers (Schedule III), like ketamine, codeine, and some steroids

  • Psychiatric drugs (Schedule IV), including anti-anxiety medicines like Xanax, Klonopin, and Valium

What Happens If Charged with Possession of Unprescribed Prescription Drugs

Even if you are not actively taking a prescription drug illegally or selling or distributing it, you can still be charged with possessing certain controlled substances, including prescription drugs, that have the potential to put the safety, health, and well-being of you and others in jeopardy without the guidance of a doctor. Possession of prescription drugs without a prescription, depending on the Schedule of drug and the amount of that drug, can result in anything from a few years in jail to more than 30 years in prison in addition to substantial monetary penalties, including up to $25,000 depending on the severity of the charges.

Contact an Aurora, IL Drug Possession Lawyer

As the pandemic rages on, law enforcement officers are still cracking down on the opioid epidemic. Even possessing a prescription drug without a prescription can land you in jail with significant financial penalties. If you are facing charges, call a Kane County criminal defense attorney at 847-488-0889 for a free consultation. The experienced professionals at the Law Offices of Brian J. Mirandola will develop the right strategies that can help you win your case.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

https://www.dph.illinois.gov/opioids/home

https://obamawhitehouse.archives.gov/sites/default/files/docs/state_profile-illinois.pdf

Last modified on

Posted on in Drug Crimes

b2ap3_thumbnail_drug-Crimes.jpgIllinois still has a few months before marijuana is legal for more than just medical usage. There are still serious consequences for those who are caught possessing, selling, and/or trafficking marijuana or another illegal substance.

Illinois Controlled Substance Act

The act of trafficking drugs into the state of Illinois is covered under the Controlled Substance Act. Trafficking is defined as knowingly bringing an illegal substance into the state with the intent to deliver and/or sell the drugs to others.

Offenders of the Controlled Substance Act will face felony punishments that increase in severity based on the amount of drug in the offender’s possession.

Trafficking cannabis punishments include:

  • Less than 2.5 grams: Up to a $1,500 fine and up to six months in jail
  • 2.5-10 grams: Up to $2,500 in fines and up to one year in jail
  • 10-30 grams: Class 4 felony with fines of up to $25,000 and 1-3 years in jail
  • 30-500 grams: Class 3 felony with fines of up to $55,000 and 2-5 years in jail
  • 500-2,000 grams: Class 2 felony with fines of up to $100,000 and 3-7 years in jail
  • 2,000-5,000 grams: Class 1 felony with fines of up to $150,000 and 4-15 years in jail
  • Over 5,000 grams: Class X felony with fines of up to $200,000 and 6-30 years in jail

Trafficking of other illegal substances including morphine, heroin, cocaine, and methamphetamines are also punishable under the Controlled Substance Act. Up to 15 grams for any of these substances can see the offender charged with a Class 1 felony; 4-15 years in prison and a fine of up to $250,000.

Defenses for Drug Trafficking

Anyone facing trafficking charges should seek help and advice from a knowledgeable attorney who can build a solid strategy to avoid major penalties.

The most common way people traffick drugs into the state is by having it hidden in a car. So, the best defense for an offender is to claim that they did not know the drugs were in the vehicle. That can be an unreliable strategy especially if the car is the offender’s possession and has been for years, but it is worth a try.

Other strategies include:

  • Entrapment
  • Insanity
  • Infancy (for individuals under the age of 13 years)
  • Compulsion

Any of these strategies can be discussed and decided upon with a lawyer who has studied the case.

Contact an Elgin, IL Drug Crimes Attorney

If you or someone you know is facing charges of drug trafficking, the lawyers of the Law Office of Brian J. Mirandola a ready to build a defense strategy to help avoid a negative outcome. To schedule a free consultation with a Kane County drug trafficking lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072005700HArt%252E+IV&ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

https://www.iwu.edu/counseling/Illinois_Drug_Laws.htm

 

Last modified on
Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top