CHICAGO DRUG CRIME LAWYERS
Presenting an Effective Defense to Drug Charges
Over the last 10 years I have developed a criminal defense practice focusing on conspiracies to manufacture, deliver and traffic large quantities of narcotics. When it comes to drug crimes at the Law Offices of Robert Kerr there is no case to big, and no case too small. Whether we are talking about cannabis, cocaine, heroine or methamphetamine nearly all drug prosecutions hinge on constitutionally protected privacy rights and the state’s burden to prove the element of knowledge beyond a reasonable doubt. Contact the Law Offices of Robert Kerr and turn the tables on the prosecution. We move swiftly to preserve evidence, compel discovery and to conduct our own investigation. We move to quash arrests and to suppress evidence based upon fourth amendment violations and we move to suppress statements based upon fifth and sixth amendment violations. We attack the reliability of canine searches and we don’t just take the informants word for it – we force the government to prove each and every element of the offense beyond a reasonable doubt. Whether it be less than a gram, or more than a kilo we take immediate action and use proven tactics to protect your rights and to secure your freedom. Contact us immediately for help.
If you or someone you know has been arrested, or is being investigated for drug charges, you need an immediate and aggressive defense. At the Law Office of Robert Kerr, LLC, our Chicago drug crime defense lawyers handle state and federal drug cases involving possession or distribution of illegal substances such as cannabis, cocaine, heroin, methamphetamine or prescription drugs without authorization. We work with people charged with offenses ranging from misdemeanor marijuana possession to serious drug trafficking felonies that involve large amounts. Contact us immediately in Chicago to learn about your options for confronting and resolving any drug crime prosecution.
Call 312-955-4400 for a Free Consultation From an Experienced Chicago Drug Attorney
Our law firm is not interested in finding the fastest route toward a plea bargain. Instead, our first instinct is to find a way to beat the case against you. Robert Kerr believes in aggressively defending clients at every stage of the process. From the government’s investigation (pre-arrest) to the preliminary hearing (post-arrest), and from a motion to suppress evidence to a jury trial, our firm’s defense philosophy is to put the government in a position where they have to prove everything. We take a proactive approach toward drug crime defense, one that involves the strategic gathering and use of as much leverage as possible on behalf of our clients.
We never forget that the prosecution must prove every element of the charge beyond a reasonable doubt. Our attorneys therefore work closely with the evidence to find weaknesses in the government’s case wherever they can be found. We also look for ways to keep the strongest evidence out of the record through motions for suppression.
The Law Office of Robert Kerr, LLC, represents people charged with such drug offenses as:
- Drug possession
- Drug sales or trafficking, including possession with intent to deliver
- Manufacture and delivery charges
- Illegal possession or distribution of prescription drugs
- Conspiracy to import, transport, manufacture or distribute drugs
We also advise people about asset forfeiture proceedings or money laundering charges related to drug investigations. Our attorneys work in both the state and federal courts throughout the state of Illinois.
According to the Cannabis Control Act – previous legislation enacted to control or forbid the use of cannabis has often unnecessarily and unrealistically drawn a large segment of our population within the criminal justice system without succeeding in deterring the expansion of cannabis use. It is, therefore, the intent of the General Assembly, in the interest of the health and welfare of the citizens of Illinois, to establish a reasonable penalty system which is responsive to the current state of knowledge concerning cannabis and which directs the greatest efforts of law enforcement agencies toward the commercial traffickers and large-scale purveyors of cannabis.
We most commonly defend clients charged of these offenses:
Most commonly charged offenses in Illinois within the Cannabis Control Act are:
720 ILCS 550/4
720 ILCS 550/5
720 ILCS 550/5.1
You can learn more at the Cannabis Control Act.
According to the Methamphetamine Control and Community Protection Act – The purpose of this Act is to reduce the damage that the manufacture, distribution, and use of methamphetamine are inflicting on children, families, communities, businesses, the economy, and the environment in Illinois.
Most common offenses in Illinois within the Methamphetamine Control and Community Protection Act are:
We most commonly defend clients charged of these offenses:
720 ILCS 646/55
720 ILCS 646/56
720 ILCS 646/60
You can learn more at Methamphetamine Control and Community Protection Act.
How to Win a Drug Crime Case?
Some Common Drug Crime Defenses
Preliminary Hearing / Probable Cause – The first opportunity to win a drug crime case is at the preliminary hearing. An experienced drug crime defense attorney may be able to prove to a judge that the prosecution lacks probable cause. A lack of probable cause by the court will result in a dismissal of the complaint.
Unlawful Search & Seizure – The Constitution of the Unites States guarantees the right to due process of law. Search and seizure procedures are quite common in drug possession cases. Drugs found out in the open can be used as evidence. However, drugs found in a vehicle without the suspect giving permission to search, cannot be entered and used as evidence. If the accused rights were violated, then the drugs cannot be used at trial. Typically these drug crime charges will be dismissed.
Evidence is missing – If evidence is lost or misplaced, it may weaken the prosecution’s case.
Drugs belonged to another person – A person must have control and knowledge of the presence of the drugs. In some cases we can prove that the accused did not have knowledge of the drugs.
Entrapment – This occurs when police or law enforcement induce a suspect to commit a crime that they otherwise would not have committed.
Planted Drugs – This is difficult to prove, but sometimes does occur in drug crime cases.
A statute, is a written law passed by a governing body. The compiled statutes regarding drug crimes for Illinois can be found by clicking HERE.
The statutes state that – it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance.
The statutes also state that – any person who violates this Section with respect to the following amounts of controlled or counterfeit substances or controlled substance analogs, notwithstanding any of the provisions of subsections (c), (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class X felony and shall be sentenced to a term of imprisonment as provided in this subsection (a) and fined as provided in subsection (b): you can view all of the consequences and penalties of violation by clicking – http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K401.
In addition, there may be increased consequences, fines and penalties based on the location of the offense. Please see the below from the statutes as an example:
Any person who violates paragraph (2) of this subsection (a) by delivering or possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 1,000 feet of a truck stop or a safety rest area, following a prior conviction or convictions of paragraph (2) of this subsection (a) may be sentenced to a term of imprisonment up to 2 times the maximum term and fined an amount up to 2 times the amount otherwise authorized by Section 401.
For example offense locations can include truck stop or rest areas. In addition, if offenses occur within 1000 feet of a school, church, public park, nursing home or assisted living center, etc. – the court may increase the fine and / or sentence – you can learn more by clicking this link – http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K407.
Lastly, a firearm is in possession at the time of arrest, the court may increase the fine and / or the sentence.
For more information about our approach to client service in drug crime defense, contact the Law Office of Robert Kerr, LLC, in Chicago for a free consultation.