Drug Crimes

December 26, 2018

Defending Against Drug Possession and Distribution Charges

by Law Offices of David L. Freidberg, P.C.

Though the number of drug arrests in Chicago is down, drug crimes in Chicago are still a serious problem. The fight against drug possession charges is a difficult one if police find enough evidence to support their claim. But an additional charge of intent to distribute is typically attached when the individual charged has a sizable amount of a single drug or multiple drugs. The amount is what warrants the impression that the drugs are meant to be sold.

With the addition of intent to distribute, the initial charge is amplified with more severe penalties that are life changing. With the right legal representation, it is possible to defend yourself against the charges.

If charges of drug possession and intent to distribute are leveled against you, it is essential you hire legal counsel immediately. Whether you are facing drug charges that involve marijuana, prescription drugs or cocaine, a drug crime defense lawyer in Chicago will work with you to achieve the best outcome for your situation by pursuing possible defenses such as:

August 8, 2018

Common Defenses to Drug Charges

by Law Offices of David L. Freidberg, P.C.

Drug charges are some of the most common criminal charges issued in the Chicago area. Even if you are no stranger to drug charges, you will want to know the different defenses you can use to fight the charges levied against you. It does not take much to fight a drug charge in Chicago, but you should always protect your rights with the help of an experienced criminal defense attorney. Your freedom is something you should never take for granted by nonchalantly accepting whatever charges were filed against you. Let us take a look at the most common defenses to drug charges in today’s post.

Someone Else’s Drugs

One of the most common defenses to a drug charge when caught in possession of drugs is that the drugs belonged to someone else. So many people use this defense as soon as the police officer initiates the contact. They carry this defense with them to their criminal defense attorney’s office and then in front of a judge if the case gets that far. This will require quite a bit of evidence to prove.

July 27, 2018

Marijuana Possession During a Traffic Stop in Chicago

by Law Offices of David L. Freidberg, P.C.

In June of 2018, Chicago police discovered over 1,500 pounds of marijuana during a traffic stop. The street value of the drugs is just over $10 million. The use of a drug dog from the narcotics unit helped police make this discovery.

The vehicle was stopped for suspicion of trafficking narcotics, which is why the drug dog was on hand. The drugs were en route to Chicago from California. The driver was charged with possession of over 5,000 grams of cannabis. Now, many people are raising issue with the legitimacy of the traffic stop.

The Issue

June 29, 2018

Felony Drug Charges in Illinois

by Law Offices of David L. Freidberg, P.C.

Drug crimes are one of the most prevalent crimes committed in Chicagoland and across the world. You should be informed of the laws that dictate the ones in your own hometown. More often than not, the line between a misdemeanor charge and a felony is very thin. When it comes to drugs, even if you have access to Illinois drug statutes, it can all be confusing. There are cases in which the lines are quite blurred and you may not be sure of what consequences you will be facing in your near future.

Possession

Within the plentiful variety of possession charges one can face, it is obviously highly dependent on what substance it is that has been found. Whether or not if you are a first or repeat offender is also a major factor in the eyes of the court.

March 28, 2018

Details of Defense Against Felony Drug Charges

by Law Offices of David L. Freidberg, P.C.

Although drug crimes have the potential to either be a felony or a misdemeanor, it is when you are charged with a felony that you will most want to present some sort of defense for yourself. As you may know, your trial must begin within 120-160 days of your arrest, which may be giving you a false sense of time. This is due to the fact that you must file your challenge against your conviction within 30 days or else you might miss the opportunity to seize your right to appeal completely.

Drug Offenses

According to research, the following is a list of the top three felony drug offenses in Illinois:

February 28, 2018

Why the Distinction Between Drug Dealing and Trafficking is so Important

by Law Offices of David L. Freidberg, P.C.

Although most ordinary people talk about “drug crime” as if it were one giant part of criminal law, there are many important distinctions between different drug-related crimes. One of them is the difference between drug dealing and drug trafficking. Let us take the case of David Price, who faced life imprisonment after being found guilty of running an illicit drug empire.

Drug dealing often happens on the streets when middlemen and low-level distributors try to offload the controlled drugs onto the street. They are the people who sell on a one-to-one basis or who provide small shopping facilities for drugs. This is a different crime from trafficking, which often includes international routes. The failure to make these distinctions clear has meant that many people are serving sentences that are longer than they would ordinarily be if the right procedure was followed.

Why is the Distinction Between Dealing and Trafficking so Important?

February 16, 2018

Crackdown on Marijuana Business in Chicago

by Law Offices of David L. Freidberg, P.C.

Like every other state, Illinois is debating whether or not to make recreational marijuana legal, even after U.S. Attorney General Jeff Sessions made it a priority for federal prosecutors to enforce drug laws. According to Sessions, marijuana is causing serious health issues to citizens and anyone found in possession of it should be convicted.

However, Illinois leaders do not agree with Sessions. State Representative Kelly M. Cassidy and state Senator Heather Stean have plans to come up with revised statute in the legislature’s new session to permit recreational marijuana. They have been carrying out town halls and meeting with constituents and key stakeholders to come up with a bill.

The first approach of making recreational marijuana legal in Illinois might take place in March 2018 in Cook County. In the same month, an advisory referendum will ask voters whether adult use of cannabis should be lawful. It will be placed in the primary ballot. It is crucial to note that there is still a lengthy process. The vote is part of the strategy by state-wide legalization, hence not binding or affecting the current law.

October 25, 2017

Appeals Court Rules on Drug Dog Sniffing Evidence in Chicago

by Law Offices of David L. Freidberg, P.C.

The use of dogs for gathering police evidence has been debated at the highest levels of the criminal justice system. The 7th US Circuit Court of Appeals recently considered the matter and made a ruling that could potentially have far-reaching consequences.

The key issue was the extent to which the law enforcement agencies should be able to rely on K-9 partners when making a decision as to whether to search a person or not. There are vehicle sniff directives for law enforcement agencies in place even without this trial.

In the case of Lex, the dog was not considered to be adequately trained or talented enough to be able to make a decision either way. The case was brought by Larry Bentley Jr. He had been sentenced to 20 years in jail for being found in possession of controlled substances.

August 18, 2017

The Law on Industrial Hemp in Chicago

by Law Offices of David L. Freidberg, P.C.

The Chicago legislature has recently put laws in place that allow farmers to grow industrial hemp. This is a replacement of the old regime under which such actions were barred. A system of permits ensures that issues of public safety and good conduct are taken into consideration. Hemp belongs to the family of the cannabis plant. Although it can be used as a narcotic in sufficiently strong concentrations, it is also used to make textiles as well as paper-based industrial products. Farmers could potentially earn an income from this plant that is also on the banned list of substances. The old law was caught between encouraging genuine commercial activity and preventing the large-scale production of potential narcotics. The initial plan was to allow the cultivation for research purposes and then move on to commercial production for non-narcotic usage.

The Illinois Department of Agriculture is intimately involved in all the proceedings so as to ensure appropriate oversight. The Drug Enforcement Administration (DEA) previously classified hemp as a Schedule 1 Drug. That meant that farms could not legally grow it, certainly not on an industrial scale. The classification was based on the findings that the drug had a high potential for abuse. Those who dispute the classification argue that hemp contains only trace elements of the offending substance known as tetrahydrocannabinol, or THC. This is indeed the psychoactive chemical that is known to create a high for marijuana users. Over time, a number of states (now numbering 16) have gradually legalized the production of hemp for commercial purposes. By 2014, Illinois had put legislation in place to allow for the growing of hemp by State Universities and the Department of Agriculture.

The Narcotic with Huge Potential

April 28, 2017

Medical Marijuana in Chicago

by Law Offices of David L. Freidberg, P.C.

The sale of marijuana for medical purposes is a hot topic in legal circles, following a number of reform efforts. That is no different in Chicago where laws are in place to ensure that people can access much-needed relief whilst at the same time protecting the rest of the public from some of the worst effects of Marijuana. This remains a controlled substance and citizens should not assume that they can trade in it without any legal consequences. When the law was passed allowing medical marijuana, there was an upsurge in purchases. The first week alone saw sales of over $200,000 and covering over 800 patients. Each ounce costs about $450 and during that heady week, over 400 ounces were sold.

The legal issues at stake are always interesting to both prosecutors and defense attorneys. At the heart of it is the difference between freedom of choice and the need to put controls on substances that have proven to be harmful. The law was always playing a delicate game that matched the needs of the wider community to those of the individual. Whereas it seemed heartless to leave someone to suffer in pain, it was equally heart-wrenching to see people’s lives being destroyed by marijuana. So far it seems that the legislative regime has managed to hit the right spots on this delicate balancing line.

A Long Journey Toward Legalization