Your Options in Drug Felony Cases To Keep IT OFF Your Record

You may think that possessing a small amount of illegal drugs for your own personal use is not that big of an issue—that is, until you are arrested and face felony charges. Even a first offense for drug possession can mean a felony charge, which can net you 15 years in prison and a fine of $25,000. A felony conviction can cause lasting issues in your life that can derail your education, job, housing, and more. Fortunately, not every arrest leads to a conviction, and an experiened attorney might mitigate your legal consequences. In fact, in some cases, a lawyer can have the case against you completely dropped, erased or enroll in a Second Chance Program.

If you face this situation, call an experienced criminal defense attorney as soon as possible after your arrest to learn your options and start protecting your rights. At Kent Law, L.L.C., our DuPage and Kane County criminal defense lawyers will review the facts of your case at no cost to you and let you know your legal options. To schedule your free consultation with a lawyer, call our office today at (630) 474-8000.

Erasable 410 Probation Or Second Chane Probation,

While many felony sentences include jail time, Illinois has an option for certain defendants facing drug charges—410 probation or Second Chance Probation. This requires no prior Felony drug-related convictions or probation violations. In addition, it requires you to plead guilty to your drug charge—but instead of sending you to jail, the judge will give you a two-year period of probation.

The mandatory terms of 410 probation and Second Chance Probation include:

• You cannot commit any criminal violations
• You must submit to random drug tests
• You cannot possess any weapons
• You must complete 30 hours of community service

Additional terms may include drug rehab, regular court appearances, or fines.

If you successfully complete the probation period without violations, the court can dismiss your drug possession charges and the conviction will never go on your record.

Not everyone qualifies for 410 probation. Those who do should never make this decision lightly—instead, discuss the possible benefits and drawbacks to 410 probation with an experienced criminal defense attorney.

Drug Court

Another option to avoid a felony conviction is acceptance and participation in Illinois Drug Court under the Drug Court Treatment Act. This rigorous program comes with many conditions and requirements, but when you finish, the court can dismiss your charges or terminate any sentence entered.

Drug court is an intensive process and is not right for everyone. To even qualify, you must:

• Admit to addiction or drug use
• Demonstrate you are willing to cooperate with the program
• Have no violent crime convictions during the past ten years
• Have no previous drug court admission

In addition, you must get special permission to participate in drug court if you face Class 2 felony charges or more serious allegations.

The specific conditions of drug court will vary depending on the judicial circuit overseeing your case. No matter what, the conditions will require a huge commitment from you—but if you successfully complete the program, you could receive an important payoff.

Challenging the Charges Against You

While the vast majority of drug cases are settled through a plea bargain, there is always the option of challenging the charges against you and taking your case to trial. An experienced lawyer can raise many substantive and procedural defenses in cases involving drug possession. They are often highly technical, however, and it can be difficult to know whether they apply in a given case without sufficient legal training. For this reason, everyone who faces drug crime charges should review their cases with an experienced attorney. Failing to do so could result in a completely avoidable conviction for a serious criminal offense.

The Fourth Amendment Limits What Police Can Do

In many drug cases, a defense attorney will argue that police violated the defendant’s constitutional rights during the investigation. The Fourth Amendment prohibits unreasonable searches and seizures. The law presumes unreasonable nearly any search or seizure performed without a warrant. If a search or seizure did, in fact, violate the Fourth Amendment, a legal principle known as the exclusionary rule prevents the state from using the evidence in court. Without evidence, prosecutors are often forced to drop their cases.

So when does the exclusionary rule apply? While there is no complete list of Fourth Amendment violations that will result in the exclusion of evidence, here are some circumstances under which a defense attorney can successfully use the exclusionary rule:

• The police pulled you over for no reason, or due to an impermissible reason, such as racial profiling
• The police searched your car without probable cause
• The police searched your home without a warrant
• A valid search conducted pursuant to a warrant exceeded the permissible scope of the search
• The police listened to your phone calls or read your text messages without a warrant

These are just a few ways in which the police could hypothetically violate your rights in a way that could justify the exclusion of evidence. To find out if police violated your rights, call our office today to speak with an attorney.

Claiming Innocence

Of course, not everyone arrested for criminal offenses related to drugs is actually guilty. Potential defenses to drug cases include:

• Mistaken identity
• You had a valid prescription for the drugs that police found
• The law did not, in fact, prohibit the drugs in question
• You had no knowledge that you possessed the substance

Contact a Wheaton Drug Crime Defense Attorney Law Firm as Soon as Possible

These are only two alternatives that those facing felony drug charges in Illinois can explore. You have the option to plead guilty to the charges or contest the charges at trial.

The stakes in felony drug cases are extremely high, so always seek advice and representation from a highly experienced drug crime defense lawyer. Martin and Scott Kent have more than 45 years of combined experience in criminal law. They worked not only as defense attorneys, but for years as prosecutors—so they know what prosecutors are thinking, and what it takes to get them to drop cases or negotiate reasonable plea agreements.

Please call Kent Law, L.L.C., at (630) 474-8000 to started on your case today.