Drug Crimes

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

November 16, 2016

Prescription Drug Possession in Chicago

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

The rules relating to controlled substances in Chicago are found within 720 ILCS 570 or the Illinois Controlled Substances Act. Because the offense of unauthorized prescription drug possession touches on the ability to self-medicate; it has remained one of the more controversial aspects of Chicago law. Interestingly, there has been an uptick in arrests for the possession of medications that would otherwise be perfectly legal except for the important absence of a valid prescription. Unfortunately, the zeal with which these offenses are prosecuted has meant that there are some innocents who have gotten caught up in the melee.

Currently there are nearly two million US residents who abuse prescription drugs in one way or the other. In areas where there are no stringent enforcement structures, it is possible to go unnoticed despite the risk to public health. Some of the more high-profile arrests for illegal possession of prescription drugs include the conservative radio talk show host Rush Limbaugh.

Distinguishing Legitimate from Illegal Use of Prescription Drugs

November 9, 2016

Enhanced Sentencing for Designated Drug Free Zones in Chicago

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

Questioning the Rationale and Practicality of the Current Legal Regime

The first principle of the law in the USA is equality. That may not quite square up to the enhanced sentencing regime for designated drug free zones in Chicago. The current trends owe their origins partly to the 1980s when the super-predator ethos started to take hold in the echelons of legislative assemblies. It was fashionable to be tough on crime. As a result many people are now serving ridiculously long sentences for relatively minor drug offenses. President Barack Obama has used his discretion in pardoning some of these offenders. A less shocking but equally serious manifestation of this fear of crime is called enhanced sentencing. The regime was designed to tackle those areas that were at a very high risk of becoming drug dens. In effect, people who committed drug offenses within these localities would eventually face penalties that were stiffer than those who committed crimes in the non-designated areas.

The principles of natural justice do not quite square up to these situational aggravating features given that an offender has limited control over the geography of the USA or how the authorities decide to designate drug free zones. Supporters of the regime argue that it makes sense when you consider the actual zones that are affected. These include schools and drug recovery institutions. The rationale is that the hardened criminals should not be allowed to exploit vulnerable people without serious consequences. In any case, the same principle has been used to develop aggravating features for burglary. The offender may not know that the home is occupied when he or she decides to steal from it, but the fact that it is occupied will lead to a harsher sentence. Illinois is one of the areas that has fully embraced the school zoning criteria for enhanced sentencing.

October 21, 2016

Marijuana Possession in Chicago: Legally Controlling the Uncontrollable

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

Even as some states such as Colorado move to deregulate some previously controlled substances or drugs, Chicago still grapples with the offense of Marijuana possession. At the moment, the state has decriminalized possession but not the actual smoking of pot, which in itself represents a dangerous contradiction. People buy and secure marijuana (often at a great cost) in order to smoke it. Allowing possession whilst banning consumption seems to be one of those incidents in which lawmakers are just too stubborn to admit that they may have made a mistake. Instead they are being dragged screaming and scratching into reality. The consequence for the public is a sequential law that is often riddled with inconsistencies.

The state of the law at the moment must be confusing the potheads and maybe that it is how it was intended. For the defense attorney things are much clearer. Although the client may be arrested for smoking, it is usually the possession that begins the chain of offending that is of interest to the prosecutor. Some localities like Cook County have used prosecutorial policy and discretion to bring more rationality to the law. Hence arrests are made for first and second time offenders but it is rare to make it to the court unless there are other pending matters that the prosecutor wishes to deal with as the defendant is in custody. The Chicago police department also routinely fines those who are caught holding pot. This policy makes sense since everybody knows that you only hold pot when you intend to smoke it or resell it to someone else or hold it for another form of exchange.

The Mechanics and Intentions of the Law