Legal Question in Criminal Law in Illinois

Re: Charged with possible drug parafanalia

I always wonder why a person would believe a cop, especially the cop who conducted an illegal search and seizure if the facts you have given us are true. Your question does not mention any drug paraphenalia being seized. Did the cop just make this up? if so, an attorney could defend that charge. If you are charged with possession of coke, it certainly appears to me tha an attorney should be able to suceed with a Motion to Supress tha evidence as the result of an illegal search. Please be sure to consult with an attorney before you do anything else.

Re: Charged with possible drug parafanalia

Retain an attorney. Do not buckle under the undue pressure placed upon you by the arresting officer.

Re: Charged with possible drug parafanalia

It sounds as though there should be a motion in the event of any charge. You were stopped without probable cause, and any search conducted is likely illegal. It would be very unusual for a charge regarding the cocaine would be filed at a later date, as generally the State's Attorney is asked for felony approval on drug charges prior to a person being arrested. It is unlikely charges would be approved at some later date. Police can only request felony charges, but they do not make the decisions. You should have representation regarding the paraphenalia charge as that charge carries up to 364 days in jail and a fine of up to $2500.