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Barry Boches & Associates

Are Diversionary Programs Easy To Get Into When Convicted Of A Drug Crime?

In Cook County, diversionary programs are very easy to get into, whereas Lake County has no diversion program. That means you can get the court supervision very easily, but there are no drug classes here that qualify for that type of thing.

These days we’re a big metropolis, and many hundreds of thousands of people are charged for marijuana. Unfortunately, while many people realize marijuana isn’t heroin, and that the movie “Reefer Madness” isn’t real, it takes a long time to convince people in this country that marijuana isn’t really that horrible.

What About Cases Where There is a Huge Quantity of Marijuana Involved?

Some people are caught in traffic stops, when police pull someone over, they smell pot in the car, and sometimes they find pounds in the trunk. More often, the police department’s Metropolitan Enforcement Group, which is kind of like a mini-DEA work on cases where they catch small fish, like users or small-time dealers and put pressure on them to catch even bigger fish, and use what they say to get a search warrant issued for a certain house, where they’ll go in and bust it. Half the time they come up with nothing, but sometimes they come up with a lot.

I had a case recently where they were targeting a house and saw a person pull away. They pulled that person over for a nonsense traffic violation, like not using a turn signal; they always use some pretext for a stop that’s really not legitimate but that never gets contested because the judge will always believe he didn’t use a turn signal because many people don’t.

When they stopped him, this guy only had a marijuana cigarette with him and the police talked this less than intelligent human being into taking them back to his house, where he spilled his guts about going to California and coming back with pounds of this and that, and it became a big criminal drug conspiracy case with serious charges, and he’s looking at 18 to 80 years in jail.

The real kicker is that police didn’t even have to seize the drugs, because the co-conspirator statements are enough to convict him.  I’ve had a number of these cases recently, where they calculated criminal drug conspiracy, with horrible harsh penalties; if they think you brought in from out of state, it doubles the penalties. All you have to say is that you went to California, picked up the meth and came back with it, and that’s enough for conviction.

That’s why police will often squeeze the little guy. If he had kept his mouth shut, no one would have been arrested, but once they get him to testify, everyone around him usually testifies because they don’t want to be the one that goes down for 18 to 80.  It turns into a nightmare, and it’s hard to defend those cases because these people will say anything to stay out of jail and they don’t have to come up with any proof.  In this case, the person was indicted for that large amount of drugs, even though they never did find them, although the case is still pending.

How Does the Law Function Without Any Evidence?

Only in criminal drug conspiracies does the law make an exception to the hearsay rule, so it lets what people say about the case be admitted as substantive evidence, just like real, hard fact evidence. That means, instead of providing the pound of meth, the guy can say, “Yes, I know it was meth, I tried it, I used some and there was way over the 15 g minimum in our state, it was closer to a pound,” and that becomes evidence. It’s truly frightening.

For more information on Diversionary Programs For Drug Cases, please call (847) 244-4636 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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