THE DRUGS AREN’T MINE: WHEN YOU ARE CHARGED WITH POSSESSION OF NARCOTICS

Posted on February 18, 2009 by admin

You’ve just been arrested for possession of a controlled substance. Maybe it’s marijuana or cocaine or methamphetamine or even heroin. Maybe the substance was mailed to you in a package or the police found it in your car or the apartment you share with a roommate. Whatever the circumstances, you say the drugs aren’t yours. Can you get your case dismissed?

To prove possession of a controlled substance, the state must show: 1) you knew about the presence of the drugs, and 2) the drugs were in your immediate and exclusive control. The police do not have to show you had the drugs on your person. Constructive possession is enough. For example, the drugs are in your closet and no one else has the keys to your home.

Since actual knowledge is difficult to prove, the state can infer that you knew about the narcotics from your acts, declarations or conduct. Maybe you threw the package out the car window to conceal it. Or you made up several conflicting stories about the package and who it was for. Sometimes, the fact you opened a package addressed to you can be enough. At other times, your knowledge can be inferred from your control of the package, as when you tried to conceal the narcotics.

While the state must show the drugs were in your immediate and exclusive control, the fact that others had access to your drugs may not be enough to get an acquittal. Possession may be held jointly. You may be in a car with three other people when a police officer, in a routine stop, finds cocaine under the seat. The police may charge you even if you really didn’t know about the drugs.

The law regarding drug offenses can be very fact specific. A lot can also depend on who your judge is. If you are charged with a narcotics offense, your best chances lie in seeking legal counsel as early as possible. If you are placed under arrest, do not talk to the police and instead ask to speak with an attorney. An experienced attorney can determine whether the police violated your Fourth Amendment rights when they arrested you. An attorney can also guide you toward the best defense if your case should go to trial. If you have any questions, feel free to call me at 847-568-0160 or email me at matt@mattkeenanlaw.com.

Posted in arrest, controlled substance, criminal charges, criminal law, drug dealing, drug possession, drugs, narcotics, possession | Leave a comment

THE NEW ILLINOIS DUI DRIVING MONITOR DEVICES

Posted on January 14, 2009 by admin

As of January 1, 2009, Illinois has a new system for permitting first time DUI offenders to drive. The Monitoring Device Driving Permit (MDDP) allows a qualified driver more leeway than the old system, but involves a new set of rules and costs.

Prior to this year, first time DUI offenders could request a Judicial Driving Permit in order to drive to work. The permit outlined specific routes and times to drive. The new MDDP allows a driver to use the car at any time and drive anywhere once a Breath Alcohol Ignition Interlock Device (BAIID) is installed.

When you are charged with a DUI, the Secretary of State automatically suspends your driver’s license for a certain period. The new law has doubled these time periods. Your license is suspended for 6 months if you do take the breathalyzer and 12 months if you don’t. Please keep in mind that an experienced attorney may be able to fight a driving suspension, and that if you have been drinking, you will have a greater chance of winning your case if you refuse the breathalyzer.

To qualify for an MDDP, you must be a first offender for a DUI with no previous conviction or supervision for DUI within the last five years. You must be at least 18 years old and have an otherwise valid driver’s license. Your DUI must not have resulted in death or great bodily harm and you cannot be previously convicted of reckless homicide or aggravated DUI involving death.

Once the Judge approves your MDDP, you must pay to have the BAIID installed on your car. You must then pay up to $30 per month to the Secretary of State for administration. The entire Secretary of State fee is due up front. Then you must pay a private company for installation at an average cost of $150 with average monthly fees of $115.

The BAIID operates like a portable breathalyzer machine. You must blow into the BAIID before starting the car. The BAIID analyzes your alcohol level and will not let you start the car unless you are below .025. (The legal limit in Illinois is .08) The BAIID records its activity.

The BAIID also requires that you perform a retest at random intervals. If you fail the retest while driving, your car will begin honking repeatedly to alert law enforcement. The car also honks if you tamper with the BAIID.

Other rules include taking your BAIID-car for retesting within 5 days upon notice and at least every 30 days, or you will be permanently locked out. You must keep a journal of problems with using the BAIID including any failures to pass a test or retest.

If you have any question about the new rules, feel free to contact me or another attorney. You can reach me at matt@mattkeenanlaw.com or call 847-568-0160. Also see our related DUI blog at http://duilawyerskokie.com

Posted in breath alcohol monitoring device, breathalyzer, criminal charges, drunk driving, dui | Leave a comment

CAN I PLEASE GO NOW? WHEN A POLICE STOP BECOMES A SEIZURE.

Posted on January 14, 2009 by admin

You are sitting in an empty parking lot late at night when a police car pulls up behind you. The officer says he needs to ask you a few questions. You start worrying about that joint you hid in your wallet or that open beer bottle under your seat. You just want to leave. Can you?

The police can make three types of stops. The first type involves the polices’ community caretaking function. An officer can ask you to voluntarily cooperate in giving information. The officer need not have a specific basis to stop you. However, you need not answer any questions, and you can walk away.

The second type is an investigatory stop. Now, the officer must have a reasonable and articulable suspicion of wrongdoing at the time he or she made the stop. The officer cannot act on a hunch and cannot justify the stop after the fact just because illegal activity was discovered. This type of stop must be brief and non-intrusive. You may still refuse to answer any questions and you are still free to go.

The third type of stop is a seizure or detention under the Fourth Amendment. In other words, you are no longer free to leave. Before seizing you, the police must have probable cause to believe you have commited a crime.

If you are ever stopped by the police, ask them “Am I free to go?” If the answer is no, then you have been seized and the police must have probable cause to detain you. The police may indicate that you have been detained in some other fashion: They may block your car. They may activate their signal lights. They may use physical force.

If you do get detained, my advice is to stay calm. Do not consent to a search of your car or personal effects. Also, do not answer any questions. You may think you are explaining your way out of a situation only to dig yourself deeper into a hole. If you are arrested, you should immediately request an attorney. Feel free to contact me at matt@mattkeenanlaw.com or 847-568-0160.

See our related DUI blog at http://duilawyerskokie.com.

Posted in arrest, criminal charges, criminal law, detention, fourth amendment, police custody, suspect | Leave a comment

DO I NEED AN ATTORNEY?

Posted on November 24, 2008 by admin

Whether it’s internet crime, DUI, a simple traffic ticket or a more serious misdemeanor like retail theft or internet crime, clients often ask: “Do I really need an attorney?” The client may have blown a bad breathalyzer test and thinks a guilty plea is a foregone conclusion. Or a client may feel they will just get the same fine that everyone else does without paying more money to an attorney.

Whatever your crime and no matter how guilty you may be, an attorney can only benefit you when you appear in court. You may feel you are “nailed” anyway, but as one attorney friend of mine once said, you may not realize just how deep that nail can go.

One person I know of represented himself on a misdemeanor case. The court convicted him on his first offense, instead of giving him the supervision that I know he was eligible for. In most cases, supervision allows you to clean the arrest off your record at a later date. But a conviction can follow you around forever. So by not consulting an attorney first, that person created a problem that he is still living with.

Not all attorneys are equal. An attorney who has a reputation for pleaing out every case may not get you the respect your case deserves. But a skillful attorney with a reputation for vigorously defending their clients can help you immeasurably. The court is more likely to offer a better deal when the court knows that the attorney will put his money where his mouth is and take the case to trial.

If you have questions about a criminal matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

Posted in arrest, class a misdemeanor, criminal charges, criminal law, driving while under the influence, dui, internet crime, retail theft | Leave a comment