Drug Charges Resulting From Police Mistake or Corruption

 Posted on February 02, 2016 in Criminal Defense

There are instances where drug charges are made against a criminal defendant, yetsome sort of foul play or mistake wasmade by law enforcement during the search, seizure or arrest. At times, it can bea matter of error. For instance, apolice officer may not followprotocol appropriately during a search and seizure or may failto properly perform an arrest. Additionally, an officer mayforget to read a defendant his or her rights upon arrest.

When errorsoccur, it can render certain evidence inadmissible at trial, or the charges could be dropped completely, because the criminal defendant’s rights were violated. Other times, an arrest could be made due to foul play by an officer. It is not often that law enforcement deliberately and intentionally acts in a corrupt or unethical way; however, it can happen.

Being Framed with Drugs

Nothing is as unfair or as unjust as being framed for a crime that you did not commit. There have been instances where criminal defendants in Illinois have successfully beaten drug charges or had their criminal convictions reversed in cases where they were framed by law enforcement. Being framed for drug charges can take many forms. Examples can include but are not limited to the following:

• Drugs were planted by law enforcement on the defendant or in the defendant’s personal property or home;
• The criminal defendant was entrapped by law enforcement into committing a crime that he or she would not normally have been inclined to commit without the encouragement of law enforcement;
• Charges were fabricated by the arresting officer; or
• Police gave false statements or created false reports in order to obtain a conviction or protect one another.

Many people do not realize that there are laws in place to protect the people from police corruption and misconduct. Police conduct is governed by two sets of statutes:

• 720 ILCS 5/33-3, which is directed to official misconduct, whereby law enforcement is not permitted to break the law; and
• 720 ILCS 5/33-4, which prohibits police officers from engaging in activities similar to that of gang members.

Proving that a defendant was framed for a drug crime is very difficult. Moreover, accusations that law enforcement acted unethically is a serious matter. Police officers are tasked with serving and protecting, and the court gives the testimony made by police officers hefty weight. Ajudge and jury inherently wants to trust law enforcement, and police officers swear an oath to serve and protect, of which it is presumed that they abide.

Let Us Assist You Today

You should not be charged or convicted of a crime you did not commit. Therefore, having an experienced criminal defense attorney representing you and fighting for your rights is essential. If you are facing drug charges, please contact a Rolling Meadows drug crimes attorney immediately. A skilled attorney at our office can assist you today.

Sources:

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+33&ActID=1876&ChapterID=53&SeqStart=84900000&SeqEnd=86000000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+33&ActID=1876&ChapterID=53&SeqStart=84900000&SeqEnd=86000000