Interference with a Penal Institution

 Posted on August 12, 2015 in Criminal Defense

When a person is convicted of a crime it can be hard for his or her entire family. While one family member is in jail or prison, the other members of the family have to make their way over many hurdles to spend time with the incarcerated person. Sometimes the incarcerated person may put pressure on his or her family members to break some of the rules, and even sneak in some forbidden items. Doing this and getting caught can result in severe consequences for everyone involved.

Bringing Contraband into a Penal Institution

It is a crime to bring contraband into a penal institution. What constitutes contraband? Contraband includes items such as alcohol, drugs, syringes or needles, weapons, firearms, ammunition, explosives, tools to defeat security mechanisms, cutting tools, and electronic contraband like cell phones and recording devices. Penal institutions include prisons, jails, halfway houses, and other similar institutions. A person can be found guilty of bringing contraband into a penal institution if the prosecutor can prove that a person:

• Brings contraband into a penal institution;
• Causes another to bring contraband into a penal institution; or
• Puts contraband close enough to a prison or jail so that an inmate can gain access.

Possessing Contraband in a Penal Institution

A person can be found guilty of the possession of such items in a penal institution if he or she knowingly has possession of contraband, regardless of his or her intent.

Sentences for Contraband Offenses

The sentences for contraband offenses vary depending on the nature of the contraband. If the contraband is alcohol, the offense is a class 4 felony. If the contraband is cannabis the offense is a class 3 felony. If the substance is some other controlled substance the offense will be a class 1 or class 2 felony, depending on what the substance is. If the contraband is a syringe, weapon, tool, or electronic contraband then the offense will be a class 1 felony. If the contraband is a firearm, ammunition, or explosives, then the offense will be a class X felony.

It is important to note that there are some affirmative defenses to these charges. One of the most important ones involves cases where the person who brings the contraband into the facility does so because he or she was just arrested, he or she possessed the contraband when he or she was arrested, and he or she brought the contraband into the facility as a direct result of the arrest.

Call Christopher M. Cosley

If you or someone you love has been charged with a crime in Rolling Meadows, you will need the help of an experienced Rolling Meadows criminal defense attorney. You should call the Law Offices of Christopher M. Cosley at 847-253-3100. We will tailor our representation to your goals and priorities and will fight for the best outcome possible. You do not just deserve effective representation–it is your right. Call us and we will be on your side.