Getting arrested is traumatic enough on its own. But getting arrested for a crime you did not actually commit can turn your whole world upside down. If you have been wrongly accused of possessing illegal drugs that belonged to someone else, you need an Illinois lawyer on your side.

You Can Be Charged Even If They Are Not Your Drugs

Under Illinois law, you can be charged with drug possession even if the drugs did not actually belong to you. The prosecution only needs to prove that you exercised control over the area where the drugs were found. So, if illegal drugs are found in your car, purse, pockets, or a similar area, you could face charges. The fact that they were left there by someone else likely will not get you off the hook on its own.

Act Quickly To Build Your Defense

As soon as you are arrested or charged, get in touch with a criminal defense lawyer. An attorney can start working immediately to build a strong defense by gathering evidence and lining up witnesses. If illegal drugs were left in your possession without your knowledge, witnesses who can testify to those circumstances will be vital. An early consultation also gives your lawyer time to negotiate with the prosecution or identify any improper police procedures.

If you have been accused of domestic violence in Illinois, it is vital that you understand the legal process and procedures in order to build the most robust defense. An Illinois lawyer can guide you through each step.

The Arrest

Suppose the police are called for an alleged domestic incident. In that case, they will interview all parties, assess the situation, document any evidence of abuse, and make an arrest if they feel it is justified. Do not resist arrest or make any statements to the police without your lawyer present. The arrest means formal charges will be brought against you.

The Arraignment

Your first court appearance after arrest is the arraignment hearing. This is when formal charges are presented. You will enter a plea of guilty, not guilty, or no contest. The bail terms and pre-trial release conditions, like a no-contact order with the alleged victim, are also imposed.

In 2021, the Illinois General Assembly passed the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, which made a number of reforms to the state’s criminal justice system. Some of the most notable changes were known as the Pretrial Fairness Act, which eliminated cash bail for people who are arrested and charged with crimes. While this provision was originally meant to go into effect on January 1, 2023, legal challenges have been raised, and courts halted the implementation of these changes to the law. However, a recent ruling by the Illinois Supreme Court will allow the law to go into effect.

On July 18, 2023, the Illinois Supreme Court ruled that the Pretrial Fairness Act is constitutional. The court stated that the provisions of the law maintain the balance between the rights of criminal defendants and the rights of crime victims that is required by the Illinois Constitution. The stay on the implementation of the Pretrial Fairness Act will be lifted on September 18, 2023, and as of that date, cash bail will be abolished in Illinois.

Reforms Put in Place by the Pretrial Fairness Act

The new law has made a number of changes to the way pretrial detention will be handled in Illinois. One of the most significant changes is the complete elimination of cash bail. People who are arrested will no longer be required to make monetary payments to the court before they can be released. Instead of bond hearings, pretrial detention hearings will be held in which a judge may consider various factors to determine whether a person should be released into the community or held in confinement while awaiting trial. 

Incarceration, as a form of punishment and rehabilitation, has been a widely used approach in the criminal justice system for centuries. The primary objective of placing someone in jail or prison is to deter them from engaging in criminal activities in the future, protect society from potential danger from the individual, and provide an opportunity for their rehabilitation. When it comes to incarceration as a way to prevent drug addiction and the crimes associated with addiction, there has been much debate on its actual effectiveness.

The Pros

One argument in favor of incarceration's effectiveness is that it serves as a deterrent to other people who may be considering committing crimes. The fear of incarceration and the loss of personal freedom may discourage individuals from engaging in criminal behavior. The threat of punishment can act as a deterrent factor, preventing some individuals from committing crimes. And since jailing an offender removes them from society, there is the added benefit of protecting the public from any potential harm from criminal acts the offender could engage in if they were still on the streets.

Incarceration can also provide an opportunity for rehabilitation. It can offer those sentenced to jail or prison access to programs and services that focus on addressing underlying issues that contribute to drug addiction and criminal activity. These programs often include counseling, education, vocational training, and substance abuse treatment. This rehabilitation aims to help the offender get sober and equip them with the skills and resources they need to reintegrate into society as law-abiding citizens.

If you live in Wisconsin, you are likely aware that the state has some of the strictest drunk driving laws in the country. A driver convicted of operating while intoxicated (OWI) faces serious consequences, including license suspension, high fines, and even possible jail time, depending on their past driving/criminal record and circumstances of the arrest. If you have been charged with drunk driving, make sure you have a skilled defense attorney protecting your rights.

What Is the Legal Limit in Wisconsin?

Under Wisconsin law, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. The state also has a zero-tolerance policy for drivers under the age of 21. Any driver under 21 can be charged with OWI if they have a BAC of 0.02 percent or higher.

There are also different standards if you are a CDL holder. Wisconsin allows a 0.0 BAC percent for CDL holders. A conviction for a BAC of 0.04 percent can result in license suspension and more.