Legal Question in Criminal Law in Illinois
Quick question
I was charged with possiesion of a controlled substace when they didnt find anything on me but inside a house that i dont even live in, i wasnt in the house when they search it but some said it was mine how can i be convicted ?
1 Answer from Attorneys
Re: Quick question
Based upon the facts you give a conviction sounds like it would be very difficult for the state to obtain. However, when the charges are presented in court there is something called a Gerstein hearing. At that time the state tells the judge the reasons they believe you may have committed this crime. It is there that probable cause is given to the judge. If there is not enough for the judge the case will be dismissed. It seems as though the state has met the very low burden at that stage of this case. You are charged with a very serious crime and regardless of how frivolous the matter may seem to you, you should have a lawyer looking out for your interests lest you end up with a criminal record, or worse, the loss of your freedom.
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