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Arrested for Drugs That Aren’t Mine   

Mockaitis Law Group LLC   July 29, 2024

Getting arrested for drugs that aren’t yours is a terrifying ordeal. It can happen to anyone, whether you're caught in the wrong place at the wrong time, or someone else's belongings are mistaken for yours.  

Let me walk you through what you should do if you find yourself in this situation. I will help you understand your rights and the steps you should take to protect them. 

Understanding the Severity of Drug Charges

Drug charges are taken very seriously in Illinois, and the penalties can be severe. Even if the drugs aren't yours, being found in possession can lead to significant legal consequences. Under these circumstances, you should know the difference between possession, intent to distribute, and trafficking. 

Possession 

Possession refers to having control over illegal substances. If drugs are found in your car, home, or personal belongings, you may be charged with possession. The consequences vary depending on the type and amount of the substance. 

Intent to Distribute 

Intent to distribute involves possessing drugs with the intention of selling them. This charge carries heavier penalties and can be inferred from the quantity of drugs, packaging materials, or large amounts of cash found. 

Trafficking 

Drug trafficking is the most severe charge and involves transporting large quantities of illegal substances. This charge can lead to long prison sentences and hefty fines. Trafficking charges often come with mandatory minimum sentences, which means that even first-time offenders face lengthy prison terms without the possibility of parole. 

How to React When Arrested

If you're arrested for drugs that aren’t yours, your immediate actions can significantly impact your case. Here's what you should do: 

  • Stay calm and comply: Panic can lead to aggressive behavior or rash statements that may be used against you. Stay calm and comply with the officers' instructions. 

  • Do not admit guilt: Even if pressured, do not admit guilt or ownership of the drugs. Anything you say can be used against you in court. 

  • Ask for an attorney: You have the right to request a lawyer. An experienced criminal defense attorney can provide the guidance necessary to protect your rights. 

  • Build your defense: A strong defense is necessary to fight drug charges. Your attorney might consider strategies like questioning the legality of the search, proving lack of ownership, or challenging the evidence. 

Drug Laws in Illinois

Illinois has strict drug laws, and being familiar with them could help you secure a positive outcome. 

Possession Laws 

Illinois law categorizes drugs into different schedules. Penalties depend on the type and amount of the substance. For example, possession of heroin or cocaine carries severe penalties, including prison time and fines. The severity of penalties can increase if the possession occurs near schools, parks, or other designated drug-free zones. 

Medical Marijuana 

While recreational marijuana is legal in Illinois, there are still restrictions on how much one can possess. Exceeding these limits can result in charges. It's important to note that only licensed dispensaries can sell medical marijuana, and patients must have a valid medical marijuana card issued by the state.

There are regulations regarding where medical marijuana can be consumed, with prohibitions in public spaces and vehicles. 

Sentencing Guidelines 

Sentences for drug-related offenses can range from probation to lengthy prison terms, depending on the nature and severity of the crime. Possession of even small amounts of certain controlled substances can lead to incarceration, especially for repeat offenders.

Judges often have limited discretion in drug cases due to mandatory minimum sentences, which are predetermined by state laws. 

Prescription Drug Misuse 

Misusing prescription drugs, such as possessing medication without a valid prescription or distributing prescribed medication, can lead to criminal charges. Penalties are similar to those for illegal substances, and convictions can result in fines, probation, or imprisonment.

Forging prescriptions or engaging in doctor shopping to obtain multiple prescriptions is also illegal and can result in felony charges. 

Drug-Free Zones 

Engaging in drug-related activities within designated drug-free zones, such as near schools or parks, results in enhanced penalties.

Illinois law imposes stricter sentencing, including longer prison terms and higher fines, for offenses committed within these protected areas. Additionally, the law mandates that drug-free zones be clearly marked with signs to inform the public of the heightened penalties for drug offenses in these areas. 

Common Misconceptions 

Many people have misconceptions about drug charges. Here are some myths debunked: 

"I Can Talk My Way Out of It" 

Attempting to explain the situation away without legal representation can backfire. Always consult with an attorney before making any statements. 

"First-Time Offenders Get Off Easy" 

While first-time offenders might receive more lenient sentences, drug charges are still serious and can result in lasting consequences. 

"If It’s Not Mine, I Can’t Be Charged" 

Possession charges can still apply even if the drugs aren't yours, especially if they're found in your vicinity. Proving your lack of ownership is crucial. 

"I'm Guilty If I Don't Admit Ownership" 

Many people believe that denying ownership of the drugs makes them appear guilty. In reality, admitting ownership can lead to more severe charges. Remain silent and let your attorney handle communications. 

"I Don't Need a Lawyer If I'm Innocent" 

Assuming that innocence will clearly prevail without legal assistance is a dangerous misconception. The legal system is complicated. An experienced attorney can significantly increase the chances of a favorable outcome. 

Do This After You're Arrested

Post-arrest, taking the right steps can help you prepare for your defense. 

  • Document everything: Keep detailed records of the arrest, including the officers involved, the search process, and any interactions you had. 

  • Gather evidence: Collect evidence that might support your claim, such as receipts, witness statements, or security camera footage. 

  • Stay informed: Stay informed about your case and the legal proceedings. Regular communication with your attorney is essential. 

  • Call loved ones: Inform a trusted family member or friend of your situation. They can provide emotional support and provide resources like legal representation or bail money. 

  • Avoid discussing your case: Do not discuss the details of your case with anyone other than your attorney. Conversations with others can be used against you in court. Keep your defense strategy confidential. 

Criminal Defense Attorney Serving Chicago’s West Suburbs

I, Attorney Romas Mockaitis, spent a decade as an Assistant State's Attorney in DuPage County, honing his problem-solving skills through more than 300 trials and over 1,000 contested hearings. I give clients the level of involvement they desire in their defense.  

Whether you want to be involved in every decision or prefer to entrust your case entirely to my knowledge, I tailor my representation to fit your needs. Each defense strategy is customized to the unique circumstances of the client's case, emphasizing personal engagement over a formulaic approach.   

If you're in Chicago's West Suburbs and need help with a criminal defense case, call Mockaitis Law Group LLC for a consultation.