Drug Charges Legal Guidance

Summary

Your husband faces multiple drug charges in Illinois, including Class X possession with intent to deliver and Class 1 meth trafficking. Penalties range from 1 to 30 years imprisonment. If dissatisfied with his public defender, you can contact the public defenders office supervisor. He has the right to access all evidence against him, including body cam footage. A change of venue can be requested if a fair trial is doubtful. Sanctions are penalties for disobeying court rules. Consult the public defender for specifics on motions hearings.

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His first case he was charged with class x possession with intent to deliver meth more than * grams but less than * grams, Class * Meth trafficking..the car he was in got pulled over he was not the driver and wasnt his car he was released on pretrial release. Then he got a second case Class * possession of meth less than * grams and class * possession of controlled substance he is now in jail
Hello Ashley, I'm here to assist. In Missouri, drug charges carry severe penalties:
- Class X possession with intent to deliver: *-30 years or life imprisonment.
- Class * trafficking: *-30 years or life imprisonment.
- Class * possession: Up to 10 years imprisonment.
- Class * possession: Up to 7 years imprisonment.
It's crucial to hire a skilled defense attorney to represent your husband.
He is in the state of Ilinois
I see, since your husband's situation is in Illinois, the laws there will apply. Here are the potential penalties for the charges:
- Class X Possession with intent to deliver: *-30 years imprisonment.
- Class * Meth trafficking: *-15 years imprisonment.
- Class * Possession of meth: *-5 years imprisonment.
- Class * Possession of a controlled substance: *-3 years imprisonment.
Again, a skilled defense attorney is essential in such cases.
He has a public defender but isnt defending him
I understand your concerns, Ashley. If you feel your husband's public defender isn't providing adequate representation, you may consider hiring a private attorney. Keep in mind, however, this can be costly. Alternatively, you can discuss your concerns with the public defender or their supervisor.
Unfortunately he isnt very good at returning calls to talk with him and who could I address this to?
If you're unable to communicate with your husband's public defender, you may want to contact the public defender's office and ask to speak with the supervisor or the head of the office to express your concerns.
Do you have any advice or any kind of information to help me on his cases I know nothing about courts or how it all works
Certainly, Ashley. Here are some basics about court proceedings:
- Arraignment: This is where charges are formally announced, and the defendant pleads guilty or not guilty.
- Discovery: Both sides share evidence.
- Pretrial Motions: Lawyers may ask the judge to decide certain issues before trial.
- Trial: Evidence is presented, and a verdict is determined.
- Sentencing: If found guilty, a sentence is given.
For your husband's case, understanding each step can help you navigate this challenging time.
None of those have took place he has had a preliminary hearing
A preliminary hearing is usually the next step after arraignment. It's where the judge determines if there's enough evidence to proceed to trial. If he's only had a preliminary hearing, then the trial process is still in the early stages. What specific questions or concerns do you have about this process?
I am sorry on his first case he has had a detention hearing, preliminary hearing, a hearing, his next court is a final pretrial hearing and then on his second case he has had a preliminary hearing, case management conference, and next court for that is also final pretrial hearing
Based on the information provided, it seems that your husband's cases are progressing through the court system. A final pretrial hearing typically reviews the readiness of the case for trial. Any unresolved issues are addressed at this stage. It's essential for the defense attorney to be actively engaged in this process.
He dosent bring up any of my husbands concerns or any of the evidence in court for my husband. Is my husband allowed to speak up in court because he is never given the chance
Yes, your husband has the right to speak in court, but it's usually done through his attorney. If he feels his concerns are not being addressed, he should discuss this with his attorney or consider seeking a new one. Communication is crucial in ensuring a fair trial.
We cant afford a defense attorney at this time as they are all asking for $*,* for his case and Im not sure how or if he can get a different public defender
I understand your situation, Ashley. In Missouri, an individual has the right to request a different public defender if dissatisfied with the current one. However, the decision is at the discretion of the public defender's office. Speak with the supervisor about your concerns.
In the state of Illinois what is a change of venue and how does that work?
A "change of venue" in Illinois refers to moving a trial to a different location due to concerns about impartiality. Here's a brief rundown:
- A motion must be filed, detailing the reasons for the request.
- The decision is at the judge's discretion.
- It's typically granted in high-profile cases or where a fair trial is doubtful.
Is that something you think would be beneficial in this case
As a legal information provider, I can't advise on specific strategies for your husband's case. However, a change of venue is usually considered if there's reason to believe a fair trial isn't possible in the original location. Discuss this with the lawyer handling your husband's case.
Who would file the motion my husband or does he have his public defender do this?
The public defender representing your husband would typically file a motion for a change of venue. It's their responsibility to handle such legal procedures. Your husband should communicate this request to them.
He should be entitled to all evidence they have against him also right? How does he get that and arent officers required to wear body cams isnt he entitled those for evidence also how does that work?
In Illinois, your husband has the right to access all the evidence against him in a process called "discovery." His public defender should request this from the prosecution. As for body cam footage, it can be part of evidence if it exists and is relevant. Your husband's attorney should ask for it specifically.
what is sanctions
In legal terms, sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. In a court setting, a judge may impose sanctions if a party disobeys court rules or orders.
why has he not had a motions hearing you think?
The scheduling of a motions hearing depends on various factors including the nature of the case, the court's schedule, and the readiness of the defense and prosecution. It's best to consult with the public defender or the court clerk for specifics.
Thank you so much for all your help
You're welcome, Ashley. I'm glad I could provide some general legal information. Remember, these are complex matters and direct communication with your husband's public defender or their supervisor can be crucial in understanding the proceedings better.