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Barry Boches & Associates

What Are Some Misconceptions People Have About Drug Cases?

The biggest misconception people have is that they can talk their way out of trouble, so talking too much is the big thing. Having been a prosecutor for five years, if you don’t open your mouth, your chances of doing well are 100% better than if you tell police what they want to know.

If you get arrested, you should just use your right to remain silent, because the police aren’t really there to help you; they are there to turn your life upside down. Take your medicine temporarily, shut up, hire a decent attorney and move on with your life, don’t do anymore stupid things. Anyone who tries to talk their way out of these things is just flipping a noose over their head and kicking out the stool.

Just shut up; look at the guy busted with a one joint; he’d be looking at a class C misdemeanor, with supervision and a small fine; now, the guy is looking at mandatory prison time because they found 40 grams of meth at his house that he brought in from out of state, so he’s looking at a huge time.

Are the Police Allowed to Lie to You About Anything?

A lot of cases turn into what we call a swearing contest; you swear it happened and they swear it didn’t, or the other way around, and in 90% of the time you will lose those cases unless there is some other evidence absolutely showing that one side is true or false.

That’s why it’s great to have these videos now; a lot of times they show that police are absolutely fabricating things. That’s why you won’t hear most undercover agents with a video or audio recording of a confession; you won’t hear the 48 hours of grilling this person underwent before their 10-second confession. You won’t hear what they used to do all the time on more serious cases, where they told people they would take their kids away if you don’t sign a confession, after which they’d just chuckle, lock you up and throw away the key.

It’s very common for police to lie, and there are no repercussions, since half of the time the judge will never know the extent of the lying that took place, and there’s no independent evidence to corroborate what you’re saying. It becomes a question of, “Why would the police officer lie?”

The biggest joke in the world is everyone in court raising their hand and swearing to tell the truth. If everyone told the truth, there’d be no need for a trial. You could just say, “Judge, here are the facts, make your decision.”

The people get off there and they embellish, the cops embellish; they don’t want to look bad if they arrested someone who wasn’t guilty. I’m not slamming all cops; there are many good one, but like anywhere else, there are bad ones who think the ends justify the means and if they think you’re a bad person, they will do whatever they can, including producing or manufacturing evidence; it’s truly frightening.

What Do You Mean Produce or Manufacture Evidence?

The police can always drop a little package in your pocket and say it was yours, and they can always make up something that’s not true. The vast majority don’t, but some do. We had a case years ago in which MEG agents were doing a search warrant for a guy’s house, because they thought he had a bunch of cocaine. They found one packet of cocaine with about a gram or two in it, and they found nearly a pound of Anestatal, which is used to cut the cocaine to multiply the amount when you sell it.

They mixed the two grams into the pound of Anestatal and charged him with having more than a pound with intent to deliver. The way the statute reads in Illinois, the percentage doesn’t matter. We actually had lab analysis done showing that the mixture was 2% cocaine, which was corroborated by our client, who said there were one or two grams.

The judge said he didn’t care; as far as he is concerned, the statute says the percentage doesn’t matter. That’s a perfect example; if they really want to screw with you, they’ll be polite, but they will do that.

For more information on Misconceptions About 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.

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