Illinois drug laws encompass all controlled substances including synthetic drugs. As new laws emerge, it is likely that more individuals will face drug charges in coming years. However, with existing laws, those who are accused wrongfully have a real opportunity to stop a conviction.
What the Prosecution Requires
When constructing a case, the prosecution must follow specific guidelines. First, they must identify the controlled substance without a doubt. They must also designated the quantity of the controlled substance found. Next, they must prove that the accused was aware of their possession of the substance. Lastly, the prosecution must prove that the defendant had exclusive control over the identified substance.
What the Prosecution Doesn’t Need
The prosecution doesn’t have to prove that the defendant’s fingerprints were on the packaging. They can present formal criminal charges under constructive possession laws. This indicates that the defendant maintained the intent and the capacity to control the identified substance. Essentially, the prosecution may charge a real property or automobile owner if a controlled substance is found inside their property under this ruling. Anyone facing a drug charge should contact the Best Criminal Attorney in Chicago today.
What Defenses Are Used to Prevent a Conviction?
A prescription is the first opportunity to exonerate the accused. If they have a prescription for the controlled substance, an attorney presents this evidence to have the case dismissed.
Mental incapacity and infancy are also used to prevent a conviction. Infancy represents any defendant that is under the age of thirteen. Mental incapacity identifies an inability to recognize the substance as a drug or an inability to comprehend that possession of these substance is a criminal infraction.
The absence of knowledge is another option. If the attorney proves that the defendant didn’t have knowledge of the drug, they could use this as a defense. This may require the prosecution to utilize fingerprints from the packaging to identify an owner of the controlled substances. Entrapment is another defense linked to the lack of knowledge.
Criminal drug charges could lead to extensive prison sentences. The quantity of the controlled substance could increase the charge to a felony. After a conviction, the defendant could also face difficulty in finding substantial employment. To learn more about these charges, contact best criminal attorney in Chicago John Fitzgerald Lyke Jr.
