The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889
Subscribe to this list via RSS Blog posts tagged in Kane County drug crimes defense attorney

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

Last modified on

drug, Kane County drug crimes attorneyWe have discussed the dangers of the synthetic opioid fentanyl in previous posts. The extremely potent substance is significantly stronger than heroin or morphine and is responsible for thousands of overdose deaths each year. Many individuals have died after using heroin which was secretly laced with fentanyl. Only three milligrams of the powder is enough to kill a grown man. The enormously unsafe nature of fentanyl has even led to legislation which allows drug dealers who sell fentanyl-laced products to be charged with homicide. However, a new synthetic opioid which is even more potent than fentanyl is now being discovered in homes across the United States, and lawmakers are responding sternly.

Carfentanil is a Deadly Synthetic Opioid

While fentanyl continues to be a massive public health concern, Carfentanil has even more sinister implications. The substance was originally engineered to be an elephant tranquilizer, but some people are now risking their lives by using it recreationally. The drug’s extreme toxicity has even provoked concerns that terrorists could use it as a weapon of mass destruction. Needless to say, law enforcement and legislators are paying close attention to this drug.

Dark Web Dealer Faces Life in Prison

A man faces possible life behind bars after being arrested on drug distribution charges in June of last year. Federal agents searching the Californian home discovered a large quantity of carfentanil as well as hundreds of vials of ketamine and fentanyl tablets. The 39-year-old San Francisco resident recently pled guilty to conspiracy to distribute controlled substances using the "dark web."

More and more drug dealers are using the internet to buy and sell illicit drugs. The term "dark web" refers to specific websites which are not indexed by web search engines and can only be accessed using specific "back door" methods. The man will have to serve 10 years in federal prison at a minimum, but experts suspect that he will actually be sentenced to many more years. The 1.7 grams of Carfentanil found in his home is enough to kill over 86,000 people. The man was also charged with conspiracy to launder money and will be forced to surrender the bitcoin cryptocurrency he used during the illegal online transactions.

Facing Drug Charges?

If you have been arrested on drug-related charges, you need an attorney who can help you understand your legal options and make the best decisions possible moving forward. To schedule a free, confidential initial consultation about your drug manufacturing and delivery case, contact an experienced Illinois drug crimes defense lawyer. Call 847-488-0889 today.

Sources:

https://www.statnews.com/2016/09/29/why-fentanyl-is-deadlier-than-heroin/

https://www.courthousenews.com/dark-web-drug-dealer-looking-at-life-in-prison/

Last modified on

medical marijuana, Kane County drug crimes defense lawyerLast week, an Illinois House panel called The House Elementary Education Committee unanimously approved legislation which would allow school children to consume medical marijuana in school. The proposed legislation would allow a parent or legal guardian to administer infused medical marijuana on school grounds and in school-owned transportation.

Medical Marijuana Prevents Student’s Seizures

House Bill 4870 was largely influenced by a lawsuit brought by parents of a child who has seizures. The girl suffers from seizures after undergoing chemotherapy treatment, and medical marijuana is the only medication which effectively controls them. The parents sued the school because they were not allowed to change their daughter’s medical marijuana patch or administer medical marijuana oil under her tongue on school grounds. As the law currently stands, a school nurse could lose his or her license if they administered medical marijuana to a student – even if the student has a valid medical marijuana card. Although it is unlikely, the student and her parents could face criminal prosecution for sending the girl to school with a medical marijuana patch. Advocates of the bill say that this is unacceptable.

Only Medical Cannabis Will Be Included in Bill

The proposed legislation does not allow students to smoke marijuana in the schools. Parents are only allowed to administer infused products to their children. This includes food, oils, or other products which contain medical marijuana but are not smoked. If the bill passes the full House and is eventually signed by the governor, schools will be required to allow parents and legal guardians to administer medical marijuana to their children in school. Children must have a valid pre-approved medical marijuana card in order to qualify for this opportunity.

The measure is sponsored by State Representative Lou Lang. He said of the bill, "Before anyone sets their hair on fire about medical marijuana in school, it&s important to understand that tots won&t be toking up in class. Discreet, private locations in a school will set aside for parents to administer the product and have no impact on anyone else in the building." Colorado, New Jersey, Maine and Washington state already allow students to use medical marijuana at school.

Experienced Kane County Criminal Defense Lawyer

To be clear, marijuana of any kind, including medical cannabidiol is currently not allowed in schools. If you or your child has been charged with a drug-related crime, you need an attorney who will help you understand your rights and protect your freedom. Call 847-488-0889 to speak with a skilled Elgin drug crimes defense attorney at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.chicagotribune.com/suburbs/skokie/community/chi-ugc-article-medical-marijuana-administered-in-schools-by-2018-03-12-story.html

https://www.cnn.com/2018/01/22/health/medical-marijuana-school-illinois/index.html

Last modified on

study, Elgin drug crimes defense attorneyWhen the Compassionate Use of Medical Cannabis Pilot Program finally got underway in late 2015, Illinois lawmakers hoped that legalizing marijuana for those with approved medical conditions would have positive results. The main goal of the program was to help such patients alleviate pain and to deal with chronic health problems while reducing the need for highly-addictive opioid prescriptions. A new peer-reviewed study suggests that the pilot program seems to be working.

Limited Study Participants

The limited-scale survey was conducted by researchers at DePaul University and Rush University and included responses from 30 patients currently registered for the Illinois medical marijuana program. The project, while small, is the first peer-reviewed, published study regarding medical marijuana use in Illinois specifically. The study’s authors acknowledge that the survey was not large enough to extrapolate percentages or quantified conclusions, the response received did provide anecdotal support for other studies that suggest medical cannabis may help reduce the use of opioids.

The participants were all volunteers, which led the researchers to note that the subjects’ opinions may skew in favor of marijuana, but the feedback provided much needed qualitative information about how the drug is being used so future studies can be done with better accuracy.

An Alternative to Prescription Painkillers

The average age of the participants was 45, and most used marijuana for chronic pain, seizures, or inflammation. They anonymously reported that they had numerous concerns about tolerance, side effects, and addiction when it came to prescription drugs. Marijuana, overall, was reported to manage certain symptoms better, faster, and for longer periods of time than prescription medications. Subjects claimed that using marijuana helped a number of them eliminate the need for prescriptions that were "frightening" and could make a patient feel like a "zombie."

The study’s lead author is presently working on another project that has already accumulated more than 10 times the number of responses. With about 25,000 registered participants statewide, larger studies will certainly be needed to gauge the pilot program’s success.

Facing Drug Charges?

Possession of more than 10 grams of marijuana is still a criminal offense for those who are not registered to participate in the state’s medical cannabis program. If you or a loved one has been arrested and charged with marijuana possession, you need an advocate who will fight to protect your rights. Contact an experienced Elgin drug crimes defense attorney to discuss your case. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

https://www.ilnews.org/news/health/study-illinois-patients-use-medical-marijuana-as-an-alternative-to/article_f48f5ec4-ad30-11e7-b2c0-67588c6d9d39.html

http://www.chicagotribune.com/news/local/breaking/ct-medical-marijuana-illinois-study-painkillers-met-20171008-story.html

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