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IL defense attorneyChildren 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 marijuana and other drugs, 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/

 

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Posted on in Drug Crimes

Aurora, IL drug lawyer

Here in the state of Illinois, possession of illegal drugs can come with serious legal ramifications. While medical marijuana is legal, recreational use and possession of marijuana are not. While possession of cannabis charges are serious, getting caught with even a small amount of cocaine, methamphetamine, or heroin can be life-changing if you are convicted.

If you are charged with a drug crime, it is important to understand the potential consequences and seek experienced legal assistance as soon as possible. 

Drug Charges in Illinois 

According to Illinois state law, the possible legal penalties of drug crimes depend on the type of substance and the amount seized by law enforcement.

If you are apprehended with less than 10 grams of marijuana, you may be charged with a civil offense, with a fine of up to $200. Possession of 10 to 30 grams is a misdemeanor for a first offense with up to a year in jail and fines of $2,500. Anything more than 30 grams becomes a felony, with mandatory minimum sentencing for a conviction and fines up to $25,000. 

With hard drugs like cocaine, meth, and heroin, a possession conviction automatically constitutes a felony on your record, starting with one to three years in jail and up to $25,000 in fines.

Drug Defense Strategies 

At The Law Office Brian J. Mirandola, we aggressively fight for the rights of our clients. Our trusted criminal defense team will do everything it can to keep a conviction off your record and secure the best possible outcome in your case. We can help prove your innocence if you did not know about the narcotics police say you possessed, or effectively negotiate a plea agreement with possible probation. Depending on the facts of your case, we may be able to secure enrollment in a diversion program to further lessen the potential damage.

Contact an Elgin, IL Drug Crime Defense Lawyer

Do not let a drug allegation severely impact your life. The Law Office Brian J. Mirandola is here to fight for you. To schedule a free initial consultation with an adept Kane County criminal defense attorney, contact our team today at 847-488-0889. 

Sources:

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

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Kane County Drug Charges Lawyer

Throughout the United States, more than 1.6 million people were arrested for drug law violations in 2016, according to the FBI’s Uniform Crime Report. Here in the state of Illinois, even minor drug charges can come with severe legal ramifications. As written in the Illinois Controlled Substances Act, different types of drugs and amounts warrant different legal consequences. Fines and jail time are also influenced by paraphernalia present and the intent of the alleged user. 

If you have been arrested on any sort of drug charge, contact an experienced criminal defense attorney who can defend your rights.

Of the U.S. residents arrested on drug charges throughout 2016, more than 85 percent were cited for possession of an illegal substance. Here are the penalties for two of the most common substances involved in narcotics arrests:

Marijuana Possession

Despite the legalization of recreational marijuana in a number of states around the country, possession of marijuana can result in harsh criminal punishment in Illinois. Possession of fewer than 2.5 grams of cannabis constitutes a Class C misdemeanor, which is punishable by a fine. If someone is arrested for possession of over 10 grams of marijuana, they can be charged with a Class B misdemeanor, with fines up to $1,500 and up to 180 days in jail. Drug possession charges of more than 30 grams of marijuana may result in a felony. According to Illinois state law, a Class 4 felony conviction comes with a minimum sentence of one year in prison. 

Cocaine Possession

Cocaine penalties are significantly more severe than marijuana possession charges. From 1 up to 15 grams, a cocaine possession charge is a Class 1 felony. Even one gram of cocaine is punishable by imprisonment and up to $25,000 in fines. If arrested with anywhere between 15 to 99 grams of cocaine, one could face a minimum of four years in prison. Those possessing more than 100 grams of cocaine could spend decades behind bars. Other drugs that constitute a Class 1 felony include heroin, peyote, morphine, and amphetamines. 

Contact an Elgin, IL Criminal Defense Lawyer

With years of experience defending clients arrested on drug possession charges, attorney Brian J. Mirandola is prepared to fight for you. Drug charges can be fought on a number of fronts, including lack of knowledge and entrapment. If your rights were violated during or after the arrest, our aggressive representation could result in dropped charges. To schedule a free consultation with an Aurora, IL criminal defense attorney that you can believe in, call our offices today at 847-488-0889.  

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

https://www.drugwarfacts.org/chapter/crime_arrests

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Posted on in Drug Crimes

drug court, Illinois law, Elgin Criminal Defense AttorneyJudges, prosecutors, criminal defense lawyers, and lawmakers recognize the problems drug addiction causes in our communities. Many Illinois counties, including DuPage County and Cook County, are turning to drug courts to help addicts, improve neighborhoods, and take pressure off the criminal justice system. Drug courts work inside of the normal criminal court system, but give defendants the chances to avoid going to jail, and sometimes even a criminal conviction. It also provides the tools to help the defendant overcome addiction.

Who is Eligible for Drug Court?

Drug court is for non-violent defendants charged with certain drug offenses. Each county has a different set of rules about who is eligible for drug court and most courts require a defendant to apply for the program. During the application process, the case criminal case is still active, but the proceedings are postponed. A certified professional will evaluate a defendant during the application process.

 A defendant’s criminal history, the current offense being charged, and the recommendation of the evaluator all play a role in being accepted into drug court. If accepted, a defendant may be required to plead guilty to the charges against him or her and must agree to the terms of the drug court, including cooperating with treatment and monitoring.

What Are the Drug Court Conditions?

The defendant will first have to cooperate with a detailed drug addiction assessment. Once in the program, the defendant will need to comply with the recommended treatment. This can include either inpatient or outpatient treatment. There are random drug tests, regular reporting to a probation officer or case officer, and regular reporting to the drug court. The defendant is also not to commit any more crimes.

If any conditions are not met, the defendant can be sanctioned, including jail time or the lengthening the drug court supervision period. For some actions, the defendant can be taken out of the drug court program and convicted of the crime for which he or she was originally charged and sent to jail or prison.

What Happens After Drug Court?

Depending on the county and the case, if a defendant successfully completes drug court the charges against him or her may be dismissed. In some instances the conviction will remain, but the resulting sentence will be drastically reduced and often includes no prison or jail time.

If you have been charged with a drug crime, you need to talk to an experienced Elgin drug crimes defense lawyer right away. Do not talk to anyone about your case until you have spoken with an attorney. Call the The Law Office of Brian J. Mirandola at 847-488-0889 to schedule your free, confidential consultation.

Sources:

http://www.illinoisattorneygeneral.gov/methnet/fightmeth/courts.html
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