Tag Archives: drug tests

Defending Drug Possession Cases in Illinois

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Defending Drug Possession Cases in Illinois

Drug possession is a serious crime in Illinois, and those convicted of it can face significant penalties, including jail time, fines, and a criminal record. If you have been charged with drug possession, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and build a strong defense.

There are a number of different defenses that can be used in drug possession cases. Some of the most common defenses include:

  • The drugs were not in my possession. This is a common defense, and it can be successful if the prosecution cannot prove that you had actual or constructive possession of the drugs. Actual possession means that you had the drugs on your person or in your immediate control. Constructive possession means that you had the ability to control the drugs, even if they were not on your person. For example, if you were driving a car and the police found drugs in the glove compartment, you could argue that you did not have constructive possession of the drugs because you did not know they were there.
  • The drugs were prescribed to me by a doctor. If you have a valid prescription for the drugs that you were found in possession of, this defense can be very effective. The prosecution will have to prove that you did not have a valid prescription for the drugs, or that you were not in possession of the drugs for a legitimate medical purpose.
  • The police violated my constitutional rights. If the police violated your constitutional rights during the arrest, any evidence that they obtained as a result of the violation may be inadmissible in court. This could include the drugs that were found in your possession.

If you have been charged with drug possession, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and build a strong defense.

Here are some additional tips for defending drug possession cases in Illinois:

  • Be honest with your attorney. Your attorney needs to know all of the facts of your case in order to build a strong defense. If you are not honest with your attorney, it could hurt your case.
  • Do not talk to the police without an attorney present. Anything you say to the police can and will be used against you in court. It is important to have an attorney present when you speak to the police, even if you think you are innocent.
  • Gather evidence. If you have any evidence that could help your case, such as witnesses or video footage, be sure to gather it and provide it to your attorney.
  • Be prepared for trial. If your case goes to trial, be prepared to testify on your own behalf. Your attorney will help you prepare for trial and answer any questions you may have.

Drug possession is a serious crime, but with the help of an experienced criminal defense attorney, you can build a strong defense and fight the charges against you.

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Lake County jail inmate dies: sheriff’s office

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Lake County jail inmate dies: sheriff’s office

A 36-year-old inmate was found unresponsive in his Lake County jail medical unit cell Friday and was later pronounced dead at a local hospital, the Lake County Sheriff’s Office announced.

Lake County Sheriff Mark Curran and Undersheriff Ray Rose said a recently instituted new protocol regarding any jail deaths requires the Lake County Major Crime Task Force to conduct an independent investigation. The county has had four inmate deaths over the past five years, including one where a woman jailed for missing jury duty went on a hunger strike and died. The latest death brings the number to five.

An autopsy Friday afternoon by the Lake County Coroner’s Office revealed the preliminary cause of death appears to be natural causes, pending final toxicology results, according to a statement. There were no signs of internal or external trauma to the inmate’s body, the release said. The inmate’s name was not released.

The man was brought into custody on Feb. 29 after being arrested on an arrest warrant for failing to appear in court on charges of possession of a controlled substance. While in custody he told jail officials he was feeling ill from drug withdrawal. He was placed under the care of the jail medical unit, the statement said.

On Friday morning he was found unresponsive in his cell inside the medical unit. Staff began administering aid and an ambulance was summoned. He was transported to Vista Medical Center East, Waukegan, where he was pronounced dead.

The protocol of calling in the Major Crime Task Force was designed to initiate an immediate thorough independent investigation of the facts surrounding the death and produce increased transparency, the statement said.

The Lake County jail has been rocked by inmates deaths over the years that also prompted lawsuits.

In 2014 inmate Igor Karlukov, 36, of Palatine and a Ukraine national, was found hanging inside his jail cell after he used shredded pieces of a mesh laundry bag and a piece of copper wire from a set of ear buds to hang himself from a vent, despite the fact he was on special watch.

He had been told by a judge that he could face life in jail for charges related to a home invasion and domestic battery against his girlfriend.

Two of the jail’s inmates died in 2012.

Lyvita Gomes, 52, a native of Mumbai, India, who was living in Vernon Hills, launched a 15-day hunger strike to protest her incarceration for failing to appear for jury duty, then died of malnutrition and dehydration less than a week later.

Eugene Gruber, 51, of Grayslake, suffered paralyzing neck injuries while struggling with officers in the jail, then died months later after being transferred to a Chicago rehabilitation center.

The county agreed to settle a nearly $2 million federal lawsuit filed by Gruber’s family. The Cook County Medical Examiners Office in Chicago ruled Gruber’s death a “homicide,” but an investigation by the Lake County State’s Attorney’s Office found no wrong doing on the guards’ part.

The Gomes family also filed suit.

In 2011, there was a jail death when Thomas Arvie, 50, of Waukegan, apparently suffered a stroke in his cell. He died Sept. 22, 2011.

In 2008, Curran spent a week as an inmate that garnered national attention.

New Cases in Illinois January 2016

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New Cases in Illinois January 2016
 
People v. Lerma
Illinois Supreme court acknowledges that eyewitness identification experts have their place in Illinois criminal trials.
 
People v. Cummings
Asking for a driver’s license in a lawfully initiated stop is always reasonable because identifying the driver is within the scope of every traffic stop.
 
People v. Mpulamasaka
In this sex case, the prosecutor was found to have committed prosecutorial misconduct when he argues from the witness stand, attacks the character of the defendant, criticizes the cross examination of the victim by counsel, and persistently tells the jury that the victim was mentally handicapped even though the evidence in the case did not reveal any mental infirmities.
 
People v. Chambers
“John Doe” warrants do not preclude a Frank’s Hearing. A defendant may challenge the veracity of an officer who drags a criminal informant before a warrant judge.
 
People v. Thompson
An officer may provide lay person opinion testimony that the accused is the person depicted in surveillance video images.
 
People v. Williams
The double drug enhancement in the drug act is inconsistent with the code of corrections. Therefore, the double drug enhancement cannot be applied when the code of corrections is applicable.
 
People v. Tolbert
The part of the AUUW section that prevents liability when the accused is “on the land or in the legal dwelling of another person as an invitee” is an affirmative defense that must be proven by the state only when the issue is appropriately brought up.
 
People v. Clendenny
There is a difference between being placed on a county wide organized form of work release and being placed on normal probation with permission to be released to go to work. One has a 12 month restriction the other does not.
 
People v. Pike
In DNA cases, a random match probabilities of 50% is inherently prejudicial and should never be admitted. Go to case.
People v. Wright
Driving a defendant to the location of his girlfriend’s arrest was an interrogation tactic, thus defendant’s statement was suppressed.
 
People v. Gempel
The premature arrest of the murder defendant was followed up by persistently ignoring his request for an attorney, so “no” the taint of the illegal arrest was not attenuated sufficiently to admit his confession. Defendant’s statement was suppressed.

Thousands of innocent Americans to prison

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In 2013, Massachusetts state chemist, Annie Dookhan, pled guilty to falsifying the results of over 40,000 drug tests that ultimately sent thousands of innocent Americans to prison. It has been more than four years since Dookhan’s crimes were uncovered, and yet numerous people are still locked away because of her corruption, many of which have no idea she was the one who brought about their horrid fate.

Imagine being locked in a cell and knowing you’re innocent. Imagine how you’d feel as you watch the prime years of your life taken away from you — all because of a vicious government chemist, along with the low-IQ cops who willingly enforce the corrupt “war on drugs.”

Dookhan had intentionally forged signatures and tampered with evidence to further both her career, as well as many prosecutors who she had close relations with. She would also invent fanciful job titles for herself, such as “special agent of operations” and “on-call terrorism supervisor,” and would then testify in court as an “expert.”

Prosecutors adored Dookham, referring to her as being a part of their “dream team,” and even taking her out for drinks. In one email with a prosecutor, Dookham said she wouldn’t be able to give her “expert testimony,” to which the prosecutor replied, “No no no!!! I need you!!!”

An email provided by the Boston Globe shows the close friendship Dookhan had with one particular prosecutor by the name of George Papachristos:

“Glad we are on the same team,” he once wrote Dookhan — including one day in May 2010 when he told her he needed a marijuana sample to weigh at least 50 pounds so that he could charge the owners with drug trafficking.

“Any help would be greatly appreciated!” he wrote, punctuating each sentence with a long string of exclamation points. “Thank you!”

Two hours later, Dookhan responded: “OK . . . definitely Trafficking, over 80 lbs.” ­Papachristos thanked her profusely.

Dookhan had sent another email to Papachristos in which she told him she needed a man “to love me and make me laugh.” In other words, some of her victims went to prison because she had a crush on their prosecutor, and what an interesting prison story that makes; what are you in for? A hormonal chemist who was hoping to get laid.

Norfolk County District Attorney, Michael Morrissey, has been set on the task of reviewing thousands of files to determine who was wrongfully prosecuted.

“I don’t think anyone ever perceived that one person was capable of causing this much chaos,” Morrissey stated. “You can see the entire walls full of boxes… in one of these cardboard boxes, there could be hundreds of cases… in each box.”

What does Dookhan have to say for herself?

“I screwed up big time. I messed up. I messed up bad. It’s my fault. I don’t want the lab to get in trouble.”

After sending countless victims to prison, many of which have been behind bars for years, she was only given a three to five year sentence. Anthony Benedetti, chief counsel of the state public defender agency, stated:

“Sadly, the saga continues for the thousands of individuals who have borne the impact of Dookhan’s misdeeds, and the lab’s scandalous management.”