Legal Question in Criminal Law in Illinois

Re: drug laws

1. all of the liquid is measured regardless of the components. 2. search warrants are granted based on officers' testimony and other hearsay. 3. a defendant can only be convicted after a trial and statements made to the police by persons other than the defendant cannot be used on court. The statements must come directly from the person making the statement unless that person is the defendant, then the statement may come in at trial. other issues, call or email. thanks.

Re: drug laws

Hello and seasons greetings. You have raised

some excellent questions with regard to what is

and is not admissible in court and under what

circumstances a warrant can be issued. A judge

in Illinois has the power to rule on issues

of evidence, however a defense attorney should

begin a defense of his client by preparing and filing a motion to quash the defendant's arrest and a motion to suppress statements that may have been made to the police by the defendant, before, at the time of, and after the defendant's arrest. This is essential, because under the law a person is innocent until proven guilty and the police may not have had probable cause to arrest the

person. Furthermore, with the filing of a motion

to suppress, the defense attorney may be able to

prove to the court that the statements made by the

defendant to the police were coerced, or that the

defendant was not properly advised that he had

a right to remain silent. For example, in many

of the Chicago suburbs, the police departments

routinely call people whom they believe may be

involved in a crime but where there is not

enough evidence to make an arrest and where the

person is in another suburb. Since the person is

intimidated when they receive the phone call from

the police, they may go to the police station

where they may make statements to the police out

of fear. This is why the defense attorney needs

to be diligent in filing these motions at the very

beginning of the case. The burden is upon the State's Attorney, or the Office of the U.S. Attorney in a federal criminal case, to prove

guilt. As to a search warrant, motions to quash

and suppress can be effectively tailored to deal with search warrant issues as well. I will be happy to answer any additional questions that you might have.