Category: Drug Law

Can a Lawyer Get Felony Drug Charges Dropped to a Misdemeanor?

Dennis F. Dwyer is a seasoned Chicago criminal defense lawyer committed to protecting the rights of his clients. His extensive experience with criminal law allows him to provide his clients the best legal defense in Illinois. Every criminal case is unique. Though Illinois statutes define offenses and prescribe penalties, the results of...
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Possession of Cannabis

Cannabis is also commonly referred to as marijuana or pot.  Illinois lawmakers recognize that the recreational use of marijuana has damaging physical, psychology and sociological effects. They also note its widespread use by Illinois citizens and acknowledge that previous laws did not decrease the amount of marijuana used.  For this...
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Possession of a Controlled Substance

Illinois recognizes the danger of drug abuse, and as a result created the Illinois Controlled Substances Act which regulates the sale, possession and use of many drugs. Lawmakers understand the difference between types of drug use and the difference between unlawful users and those trafficking illegal drugs. Penalties for illegal...
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10 Reasonable Suspicion Traffic Stops and DUI

In order for a Chicago law enforcement officer to stop a motor vehicle, he or she must have reasonable articulable suspicion that a public offense has occurred or is occurring.  A few legitimate reasons for a suspicious stop include, but are not limited to, traffic violations, equipment violations and suspicious...
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Does the Fourth Amendment right to be free from unreasonable searches and seizures even exist anymore?

Search and Seizure Defense Attorney A recent Illinois Appellate Court decision in People v. Neal, No. 1-09-2814 (June 29, 2011) Cook Co., 3d Div. is just another example of the current eroding of the Fourth Amendment. A Chicago Police Officer detains a man who is out on the yelling "blows"....
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Can the State prove DUI based on drugs?

Prosecuting a DUI case based on drugs can be much more difficult for the State to prove than a DUI based on alcohol use if the driver refuses to take chemical tests. The law states that if a person has any amount of drugs in their system while driving they...
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Collateral consequences to a criminal conviction

There are many collateral consequences involved when someone is charged with a criminal offense that many people do not give appropriate consideration to when handling their case. What is a collateral consequence? It is any consequence of the criminal charge outside the court consequences, which I will call direct consequences....
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Drug Sniffing Dogs

Interesting article in the Tribune today detailing how drug sniffing dogs are not always correct in alerting for drugs on a traffic stop. See http://www.chicagotribune.com/news/local/ct-met-canine-officers-20110105,0,6649157,full.story This is certainly an alarming problem because the Supreme Court has stated that the police can have a drug sniffing dog sniff the outside of...
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