Suspended Registration Wrongful Charges

Summary

The user, Heather, was charged with operating a vehicle with a suspended registration for the second time, possession of a controlled substance (Xanax), and possession of meth in Illinois. However, she claims that her vehicles registration was never suspended and that she has never been charged with this offense before. She also believes that her vehicle was wrongfully impounded and searched, leading to the drug possession charges. She is considering contacting the states attorney and is seeking advice on how to handle these charges. She has not yet taken any steps to address these charges and is considering seeking legal aid due to financial constraints.

Full Conversation

I was pulled over for operating a motor vehicle with suspended registration 2nd offense but never had a first offense
Heather, were you given any documentation or citation that indicates this is a second offense?
Yes they wrote me a ticket and impounded my car... arrested me and searched the vehicle and slapped me wit * other charges
What were the other two charges you received? In Arkansas, driving with a suspended registration can lead to fines, jail time, or both.
Possession of control substance and possession of meth
What was the controlled substance you were charged with possessing? In Arkansas, penalties for drug possession can vary based on the type and amount of the drug.
Xanax
In Arkansas, possession of Xanax without a valid prescription can lead to serious penalties. Could you please tell me if you have a valid prescription for Xanax?
No
In Arkansas, possession of Xanax without a prescription can lead to:

- Up to 6 years in prison
- Fines up to $*,*

For legal assistance, contact Pulaski County Circuit Court at (*) *-*.
I live in Illinois
Are you facing these charges in Illinois or Arkansas?

Explanation: The laws and penalties for these offenses can vary significantly between states.
Illinois
In Illinois, possession of Xanax without a prescription can lead to:

- Up to 1 year in jail
- Fines up to $*,*

For legal assistance, contact Cook County Circuit Court at (*) *-*.
Jersey county Illinois
In Illinois, Jersey County, possession of Xanax without a prescription can lead to:

- Up to 1 year in jail
- Fines up to $*,*

For legal assistance, contact Jersey County Circuit Court at (*) *-*.
If I contact the states attorney will that help me any
What is the purpose of your contact with the state's attorney? Are you seeking to negotiate a plea deal, or do you have other concerns?
Bc the car they pulled over and impounded wasn't the right car. And they wrote me a ticket for operating the motor vehicle with suspended registration 2nd offense but never had a first offense
Did you receive any documentation or citation for the first offense of operating a motor vehicle with suspended registration?
No bc they never been suspended
What evidence do you have to prove that your vehicle registration has never been suspended?
My courts records show I have never been charged with operating a motor vehicle with suspended registration
What is the make, model, and registration number of the vehicle that was impounded?
* Hyundai Elantra Zu74600
What is the VIN (Vehicle Identification Number) of your * Hyundai Elantra? This can help in verifying the registration status of your vehicle.
5NPD84LF3KH417698
What is the name of the officer who issued the citation? This information could be useful in your defense.
WOELFEL
What is the citation number on the ticket issued by Officer Woelfel?
*
What is the date and time mentioned on the citation * issued by Officer Woelfel?
That was the wrong citation number
What is the correct citation number on the ticket issued by Officer Woelfel?
*
What is the date and time mentioned on the citation * issued by Officer Woelfel?
The ticket I received for operating a motor vehicle with suspended registration 2nd offense should of never been written because looking at my court records there has never been a first. And then to top it off they impounded my vehicle which they should of never done which they searched and got me * other charges
Did you receive any formal notification about your registration suspension before this incident?
No
Did you give consent for the police to search your vehicle or did they have a warrant?
No. Neither
Did you have any illegal substances visible in your car when you were pulled over?
No
What was the reason given by the police for impounding and searching your vehicle?
Impounded the vehicle bc plates was suspended and never gave a reason and towed it right out of my driveway
What was the date of the incident and have you received any official documents regarding the impounding of your vehicle?
*/*/* at *:* pm the only document I have it the ticket from the officer and the receipt from the tow truck company which just says city tow Hyundai and a total
What is the name of the court mentioned on your ticket?
Example please
Answer: The name of the court would be listed on your ticket or citation. It's usually towards the top and may be titled "Court Information" or "Court Appearance Information".
Jersey county courthouse
What is your current location? The Jersey County Courthouse is located in Jerseyville, Illinois. If you're nearby, their contact number is (*) *-*.
Yes
Could you please clarify your current location?
Right now I'm in Alton but I live in jerseyville IL
What is the exact charge mentioned on your ticket for the possession of controlled substances?
Knowingly having possession of control substance. But I didn't know. Not the only one that has drove my car in the past few months and I give people rides
What is the controlled substance you're charged with possessing? In Arkansas, penalties vary depending on the type and amount of the substance.
Xanax
What is the quantity of Xanax you're charged with possessing?

In Arkansas, possession of less than * grams of Xanax is a Class D felony, punishable by up to 6 years in prison and a fine of up to $*,*.
*
Have you hired a lawyer to represent you in this case?

Explanation: It's crucial to have legal representation in drug possession cases, especially when facing felony charges.
No
Are you planning to hire a lawyer or would you like information on how to find legal aid in your area?
Don't have money like that
Are you aware of the public defender system in Arkansas? They provide legal representation to those who cannot afford a lawyer.
No because I live in Illinois
In Illinois, if you can't afford a lawyer, you can request a public defender. Would you like information on how to request a public defender in Jersey County?
Sure. Can you give me information on low cost lawyers in the jerseyville IL area
Sure, you can contact the Jersey County Public Defender's Office at (*) *-*. They can provide you with information on how to apply for a public defender.
Ok what about low cost probono lawyers in my area
You can reach out to Land of Lincoln Legal Assistance Foundation at (*) *-*. They provide free legal services to low-income individuals in Jerseyville, IL.
And they do drug offense cases
Yes, Land of Lincoln Legal Assistance Foundation handles a variety of cases, including drug offenses. It's best to contact them directly for specific information.
Do they have online chat like this
Land of Lincoln Legal Assistance Foundation doesn't offer online chat. You can contact them via phone at (*) *-* or visit their website for more information.
Ok
Have you contacted the Jersey County Public Defender's Office or Land of Lincoln Legal Assistance Foundation yet?

Explanation: It's important to seek legal advice as soon as possible to understand your rights and options.
No
When do you plan to contact the Jersey County Public Defender's Office or Land of Lincoln Legal Assistance Foundation? It's important to act promptly in legal matters.
Well I haven't been to court yet. The court date is on the * th but I work midnights and sleep doing the day so it's been rough
Have you considered requesting a change of court date due to your work schedule? In some cases, courts may accommodate such requests.
No
You can request a change of court date due to your work schedule. Contact Jersey County Courthouse at (*) *-* to inquire about the process.
Ok but I don't need to change it
What is your plan for your court appearance on the 10th?
See states attorney to go over the charges and etc
What specific issues or concerns do you want to discuss with the state's attorney?
I gave you the issue already
What is your plan or strategy for addressing the issue of the vehicle registration suspension and the subsequent charges?
Well beings they falsely impounded my car and towed it off private property that ticket should be thrown out and reimbursed for impound fees. And the ticket was for operating motor vehicle with suspended registration for second offense is wrong. So beings that wrong they wrongfully searched my vehicle and detained me in cuffs in the cop car bc of the no cash no bail law
What evidence do you have to support your claim that the impoundment and search of your vehicle were unlawful?
Bc my insurance company printed off the vehicle the registration was suspended on and even printed off the conversation with the security of states office
What was the outcome of the conversation between your insurance company and the Secretary of State's office regarding your vehicle registration?
That the registration was not suspended on my car
What steps have you taken since discovering that your vehicle's registration was not suspended?
None bc I don't know what to do
Have you considered filing a complaint against the police department for the wrongful impoundment and search of your vehicle?
No I didn't know I could do that
You can file a complaint against the police department for wrongful impoundment and search of your vehicle. Contact your local police department for the complaint process.
Can I do it on line
Can I file a complaint online
Yes, most police departments allow online filing of complaints. Check the website of your local police department for specific instructions.
Ok cool
Ok
Have you started gathering all the necessary documents and evidence to support your claim against the police department?
Yes I have everything including payment receipts to etc
What is the name of the police department that impounded your vehicle?
Jerseyville city police department in jerseyville IL
Jerseyville city police department
Jerseyville police
What is the exact charge mentioned on your ticket for operating a motor vehicle with suspended registration?
OPERATE VEHICLE REGISTER SUSPENDED/2ND
Operate vehicle register suspended/2nd
Operating vehicle registration suspended 2nd offense
Operating motor vehicle with suspended registration a 2nd offense
What evidence do you have to prove that this is not your second offense for operating a vehicle with a suspended registration?
My court records and paperwork from insurance company stating registration wasn't suspended
My court records
What does your court record indicate about your previous offenses?
Traffic tickets and order of protection and misdemeanor battery that was dismissed
Nothing to do with operating motor vehicle with suspended registration
What is the date of your first offense for operating a vehicle with a suspended registration?
I don't have a first offense
What is the date on the ticket you received for operating a motor vehicle with suspended registration 2nd offense?
*/*/*
September *, *
September *
What is the name of the officer who issued the ticket?
WOELFEL
What is the badge number or identification number of Officer Woelfel mentioned on the ticket?
Where do I find the badge number at
The badge number of the officer is usually mentioned on the ticket. It might be listed next to the officer's name or in a separate section labeled "Officer's Badge Number" or similar.
I can't find the badge number
What is the name of the police department that Officer Woelfel is associated with?
Jerseyville police
What is the exact charge mentioned on your ticket for the possession of methamphetamine?
Possession of methamphetamines
What is the quantity of methamphetamines you're charged with possessing?
Less than * grams
In Arkansas, possession of less than * grams of methamphetamine is a Class D felony, punishable by up to 6 years in prison and a fine of up to $*,*.
I'm in Illinois
In Illinois, possession of less than * grams of methamphetamine is a Class * felony, punishable by *-5 years in prison and a fine of up to $*,*.
What would you suggest I do?
Have you considered filing a motion to suppress the evidence obtained from the search of your vehicle, given that you believe it was conducted unlawfully?
What does that mean?
Filing a motion to suppress means asking the court to exclude evidence obtained illegally. If granted, the prosecution cannot use that evidence against you.
Ok. But the court dates have been changed. The possession charges have been moved from October 31st to October 10th but still go to court on the 31st for the operating motor vehicle with suspended registration
What is the reason for the change in court dates?
I do not know. I was summoned
What does the summons say about the reason for the change in court dates?
It doesn't say a reason for it to be changed
What is the new date and time for your court appearance for the possession charges?
October 10th at 1pm
What is the location of the court for your appearance on October 10th?
Jersey county courthouse
The Jersey County Courthouse is located at * W Pearl St, Jerseyville, IL *. You can contact them at (*) *-*.
Yeah
What is the new date and time for your court appearance for the operating motor vehicle with suspended registration charge?
I don't have a new date for that
What is the original date and time for your court appearance for the operating motor vehicle with suspended registration charge?
I already gave you details
What is the name of the officer who issued the ticket for operating a motor vehicle with suspended registration?
WOELFEL
What is the badge number or identification number of Officer Woelfel mentioned on the ticket?
I don't see a badge number
Can you please check the ticket again? The badge number is usually located near the officer's name or at the bottom of the ticket.
I'm not seeing a badge number
What is the name of the police department that Officer Woelfel is associated with?
Jerseyville
What is the exact charge mentioned on your ticket for the possession of methamphetamine?
Possession of methamphetamines
What is the quantity of methamphetamines you're charged with possessing?
Less than * grams
Possessing less than * grams
In Illinois, possession of less than * grams of methamphetamine is a Class * felony, punishable by *-5 years in prison and a fine of up to $*,*.
Yeah
What is your plan for your court appearance on the 10th for the possession charges?
I don't have a plan nor know what to do
I don't have a plan
What are your concerns about your upcoming court appearance for the possession charges?
Im 37 years old with no other drug offenses. These are my first. And to top it off they are felonies so hoping they can drop them to misdemeanors or drop the charges completely because of my job I have been with since *
What steps have you taken so far to address these charges?
None
No steps have been taken because I don't know what to do
Talking to you is the only steps I have taken
What is your plan for your court appearance on the 31st for the operating motor vehicle with suspended registration charge?
Showing that the registration was valid and show them my court records
Show the courts that my registration was not suspended
Try and get the charge dropped
What evidence do you have to prove that your vehicle's registration was not suspended at the time of the incident?
Paperwork from car insurance company
What does the paperwork from your car insurance company indicate about your vehicle's registration status at the time of the incident?
That the car registration was valid
What steps have you taken since discovering that your vehicle's registration was not suspended?
Asking questions on what I can do to get the charge dropped
Have you considered hiring a lawyer or seeking legal aid to help you navigate this process and potentially get the charge dropped?
Yes but money is an issue
Have you considered reaching out to legal aid organizations in your area? They often provide free or low-cost legal assistance to those who can't afford a lawyer.
No I haven't. I didn't know there was any
No
Yes I have considered
What specific legal aid organizations have you considered reaching out to?
No