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Category: Drug Possession

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Drug Possession

Drug prosecution policy change in Cook County

Prosecutors often have a fair amount of discretion when it comes to drug prosecutions. Thus, changes in drug prosecution policy can have some pretty major impacts.  A change in drug prosecution policy was recently announced here in Cook County. The new policy represents a softening when it comes to the stance towards low-level drug offenses in the Chicago area. Among the things the new policy reportedly will involve are: Prosecutors in the county not pursuing...

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Drug Possession

Conditions of probation

One thing a drug possession conviction can lead to is a severe curtailing of one’s freedom. A person convicted of such an offense could end up having a nearly complete loss of freedom for a time through a prison sentence. However, prison sentences are not the only penalty that can be issued in drug possession cases that can have significant effects on a person’s freedom. Take for instance, probation. Probation is when a court orders...

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Drug Possession

When is a Miranda warning required?

Sometimes, in drug crime cases, authorities use responses a suspect gave to questions police asked as evidence against the suspect in criminal proceedings. There are certain things that can impact whether such evidence is in fact allowed to be used in criminal proceedings. If the suspect’s responses were given during a custodial interrogation, one such thing is whether police gave the suspect a Miranda warning. A Miranda warning involves police informing a suspect of certain...

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Drug Possession

New marijuana legislation comes before Illinois General Assembly

A person’s life can be vastly impacted if they are accused and found guilty of possessing marijuana here in Illinois. This is even the case for small amounts. A first offense of possessing 30 grams or less of marijuana is a misdemeanor offense under state law. The penalties for such a first offense vary, but can be up to a twelve-month jail sentence. Depending on the specific amount involved, accusations of a second offense of...

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Drug Possession

What constitutes drug paraphernalia possession in Illinois?

When it comes to possession crimes, the main thing that may come to a person’s mind is drug possession, like marijuana possession, cocaine possession or heroin possession. However, it is important to note that drug possession in not the only type of drug-related possession crime here in Illinois. Another such crime is drug paraphernalia possession. Today, we will go over what constitutes the crime of drug paraphernalia possession under Illinois law. Here in Illinois, two...

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Drug Possession

Man arrested for drug possession over cactus plants

The vast majority of drug arrests fall along within a very limited scope. The substances seized are usually marijuana, cocaine, methamphetamines or prescription drugs. A recent arrest, however, had Illinois police transporting an unusual substance back to the lab for testing. After the results were in, the man who was targeted in the drug raid will face a court under charges of drug possession and unlawful manufacture of drugs. When police entered the man’s Island...

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Drug Possession

Medical marijuana and the Cromnibus

As our readers have likely heard, the potential federal government shutdown has been prevented. A government spending bill that acquired the moniker “Cromnibus” was signed by the president earlier this week. One might be wondering why we are discussing this funding legislation on our drug crimes blog. It is because among the many provisions of this legislation is a provision involving medical marijuana. Medical marijuana sits in a strange legal position here in the United...

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Drug Possession

Fourth Amendment limits on drug arrests

Sometimes, during police investigations of alleged drug activity, authorities will arrest individuals on suspicion of drug crimes, such as suspicion of drug possession. As is the case with many police tools, police cannot simply conduct drug arrests whenever and on whoever they feel like. There are certain requirements an arrest needs to meet to be legal. One thing that puts limits on police arrests is the U.S. Constitution’s Fourth Amendment. Under the Fourth Amendment, in order...

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Drug Possession

Possession with intent charges in Illinois

Simple possession charges are not the only type of drug possession charge that can be brought against an individual here in Illinois. Depending on the specifics of the allegations, a person accused of possessing a controlled substance may face a heftier class of possession charge: possession with the intent to deliver or manufacture. Why does it matter whether a person is facing a simple possession charge or a charge of possession with the intent to...

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