Facing Unlawful Drug Bust Charges

 Posted on February 20, 2024 in Drug Crimes

Being charged with drug offenses can be an overwhelming and frightening experience. Even if you believe the bust was unlawful or the charges are unfair, navigating the legal system is complex. An Illinois criminal defense attorney can guide you through this process and protect your rights.

Get a Lawyer Immediately

The first thing you should do after being charged is hire a criminal defense lawyer. Do not speak to the police or prosecutors without your attorney present. Anything you say can be used against you, even if you believe you have done nothing wrong. A knowledgeable lawyer will handle communications and start building your defense right away.

Understand the Charges

Various drug charges carry diverse penalties under Illinois law. Manufacturing or delivering illegal substances leads to more severe sentences than possession. The amount, the intent to sell, criminal history, and other factors also impact sentencing. Your attorney will explain the exact charges so you understand what you are facing. This allows you to build an appropriate defense focusing on the strongest arguments to get charges reduced or dismissed.

Explore Unlawful Bust Strategies

If you believe the drug bust leading to your charges was unlawful, that opens avenues to get evidence suppressed or the case dismissed. For example, if the search violated your Fourth Amendment rights, you can file a motion to suppress the evidence due to an illegal search and seizure. Other arguments include improper interrogation tactics, lack of probable cause for arrest, mistakes in legal procedures and protocols, and more.

Build an Affirmative Defense

In some cases, we may acknowledge you did commit the act but argue you should not face charges due to extenuating circumstances. For example, you obtained and used drugs under duress; police tactics entrapped you, you have a substance abuse disorder, or other conditions prevented you from following the law.

Seek Diversion Programs

First-time offenders often have opportunities to avoid conviction through diversion programs. These may include drug court, deferred adjudication, probation before judgment, and rehabilitation programs. Not only do these prevent lasting criminal records, but completing them shows your initiative to the court.

Contact a Wheaton, IL Criminal Defense Attorney

Getting charged with drug offenses can lead to a complex legal battle regardless of whether you think the arrest was unfair. You have rights, and a charge like this can affect you in the long term. Working with a DuPage County, IL criminal defense lawyer can help ensure you take the proper steps. Call Stephen A. Brundage at 630-260-9647 for a free consultation.