Legal Question in Criminal Law in Illinois
Drug posession
I was caught with cannabis and drug paraphernalia when my friend (the driver) was speeding. I plan to plead guilty as they will probably drop the possession charge. However, the police officer has not filed a report and my court date is 5 days away. What happens if he doesn't file the report? Will the charges be dropped? Also, when the police officer cuffed me he didn't read me my rights until we had arrived at the jail. Is this legal?
Are there things that I can do to make the state attorney take it easier on me?
Thanks for the help
2 Answers from Attorneys
Re: Drug posession
What you need to do is contact an attorney right away. Cases do not get dismissed because police reports are not filed. All that needs to be filed is a complaint. That has been done since you have a court date. As for not reading you your rights, that won't dismiss your case either. It may only effect any statement you may have made. As long as the police "read you your rights" before any statement is made, they can read them to you at any time. There may be problems with the search, also. This will require the filing of a motion to suppress, and a hearing on it. You didn't mention how much cannibis you were arrested with, so I'll assume it was a misdemeanor amount. However, the drug paraphernalia charge carries with it a sentence of up tp one year in jail. The judge will insist you get a lawyer. Please call for a free consultation.
Re: Drug posession
You may not want to plead guilty so fast, The question arises is why did they search you/ the car if the driver was pulled over for only speeding? The second issue is where were the narcotcs found? The fact that a police report has not been filed does not result in dismissal of charges. The fact your right may not have been read will affect any statements you may have made. You should realise that if you plead guilty you may have this on your record for the rest of your life. You should look into seeing if there is a way to get the evidence against you thrown out.
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