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Polinske & Associates, P.C.

Methamphetamine charges are oftentimes overcharged. We know the best manner to resolve such charges. Our clients benefit from this experience and routinely avoid jail time for these offenses.

Brian L. Polinske
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Edwardsville Criminal Defense Trial Lawyer
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A person is stopped on the highway and their car searched.  The search reveals 20 grams of methamphetamine.  They are taken into custody and charged with a class x felony offense in Illinois.  Oftentimes the stop begins because they are operating an out of state or rental vehicle.  The charges carry with it a minimum of 6-30 years in prison.  Probation is not a possibility for a class x felony charge.  How do you begin to fight the charge?  How can you get your bond reduced to an amount you can post?  These are typical questions I field from clients charged with methamphetamine possession with intent to deliver or trafficking charges.

First, the bond reduction aspect.  Most times your bond can be reduced to $4,000 to $5,000 depending on the weight and past criminal history.  If you have a criminal history including prior felony drug convictions the bond will be higher.  First time offenders will qualify for lower bond amounts.  The procedure is simple.  I file a motion for reduction of bond and set it as soon as possible.  I then contact the State's Attorney and attempt to negotiate the bond amounts.  Many times they will agree to do so.  The client posts bond and is out of jail and on their way back home.

Next, we obtain all discovery that we are entitled to.  The State usually does not send all the discovery in their compliance packet.  I go through the packet with an eye towards detail.  Did we receive the dash cam video(s), canine packet, trainer packet, lab reports, narrative reports, radio dispatch and communication logs, copies of any statements, interview videos?  If a confidential informant is involved we file the appropriate motions to force the State to divulge that information.  After discovery has been received we move on towards analysis and motion filing. 

Motions filed in these cases can win the entire case.  Suppression of evidence is the main tool towards an acquittal.  If the initial traffic stop or contact was unconstitutional the fruit of the poisonous tree doctrine kicks in and whatever is discovered by the police is suppressed.  Only an experienced attorney with many years of practice knows exactly what avenue is best in this type of motion practice.  Choose your attorney wisely.

Ultimately if the case is not dismissed nor plead out to a reduced charge a jury trial may be required.  Again this requires the skills only a veteran criminal defense attorney possesses. 

If you need assistance or just want a consultation regarding your methamphetamine possession with intent to delivery or trafficking charge contact our office.  We will gladly help you.

1 Comments:
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Posted by Narcob on August 3, 2017 at 11:24 PM

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