Are There Any Alternative Programs Available For Drug Offenders In Illinois?
Yes, there are alternative programs for first offenders, and drug addicts. For example, a first offender with a simple possession of a controlled substance with no criminal background, is eligible for a special type of first offender probation. This is commonly referred to as 410, or 1410 probations. This is a two-year probation, which requires drug treatment and community service in order to complete all the terms of the probation. At the end, if all conditions have been completed, it would not be a conviction on your record, and later you can even expunge it, and clear your criminal records. Drug addicts also can ask for drug treatment probation. If completed this also would not result in a felony conviction. This is commonly referred to as TASC probation.
TASC stands for treatment alternatives for safer communities. You do have to be screened, and approved for that type of probation. It is only available to people who have an addiction problem. In addition to that, various counties within Illinois have what is called a Drug School program for individuals who are caught with a very small amount of drugs. This type of program, if available, is very favorable, because you take a number of classes (usually between five to ten), and if you do that, they will dismiss the case. You can then expunge your arrest immediately. There are several alternative options like that available, it just depends if you are eligible.
What Are Some Defense Strategies Used In These Cases? How Often Do These Cases Get Dropped Or Reduced?
I have successfully defended many different people in all kinds of drug cases as you can see by my courtroom victories. There are a variety of strategies that I use as I mentioned prior. Illegal search and seizure is a big one. Every drug case that comes to my office, I examine all the facts, and the evidence carefully to determine if the police officer has overstepped their authority in stopping a vehicle, or patting down my client, and searching them. Constructive possession is a very effective defense, as well if you have a situation where the drugs were found in a vehicle, home, or a situation where there were multiple people that had access to them. Therefore, there are a number of different strategies, which I use. It really depends on the facts of each case.
What Sets You And Your Firm Apart In Handling These Types Of Cases?
I would say experience is the number one difference. I have successfully litigated almost every type of drug case. I have won cases for having the evidence suppressed; I have won cases by achieving a not guilty verdict at trial. Most defense attorneys look first to have their clients plead guilty. Pleading guilty is really my last resort. I am going to thoroughly explore all the options about beating the case before we talk about negotiating. The MacNeil Firm is committed to producing extraordinary results.
How Is A Controlled Substance Or A Drug Defined In Illinois?
In Illinois, drugs are generally referred to as controlled substances, and this includes all drugs, except marijuana and cannabis. Therefore, controlled substances in Illinois are defined by statute, and it includes every type of drug. I have represented people in almost every type of case. Some common drugs include opiates, and narcotics, such as cocaine and heroin, club drugs like ecstasy, which is also referred to as Molly, or promethazine, which is referred to as drink, or syrup, and other club drugs. I have also represented people for having prescription drugs without having a valid prescription. Even OxyContin, Hydrocodone, and Xanax. All those are considered controlled substances under the law in Illinois.
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