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Unlawful Delivery of Drugs Based on Accusations from Car Passengers

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  • 02-08-2016, 11:41 PM
    Halstead90
    Unlawful Delivery of Drugs Based on Accusations from Car Passengers
    My question involves criminal law for the state of: IL
    Unfortunately this pass week I got charged with almost everything possible. Got charged with 2 Class 3 Unlawful Delivery, Class 2 unlawful delivery, DUI, Reckless Driving, Improper Useage of lanes, Loud exhaust. Some traffic, Some Criminal. Well There were four people in the car, including me, a friend, And my GF and her friend. Well Got pulled over because someone has stated that I was driving all over three lanes(have a 3 lane overpass in town) and went on the curb and kept driving. No cops saw this. Just the person who called it in. Went to go get food. And pulled out of Fast food place, And sorta power slide while leaving the fast food place onto the main road. The Cop said I was Doing "Doughnuts" In the middle of the parking lot. And Did a burnout and Power slide onto the main road. Which I didn't do either but just the power slide. I wasn't Weaving in and out of the lanes. He pulled me over in less than a football field away. So I didn't really have time to weave in and out. But Cop pulled me over and stated all of this I declined that I didn't and didn't like me from there on out. I admit that yes I accept that I got a DUI. But the girls unforuntley were kinda messed/incoherent during this time. When they did a field sobriety test on me. They asked if i had anything on me or in the car. A k9 was there during this time. So i told thme i had weed and a pipe. So they started searching my car. And ask the girls to get out. And started searching them and there belongings. Without really asking for consent. They found 1 Xanax on each girl. And one percoset. So they asked Where they got it from. And one of girls said they got it from me. Then immediately i was charged with the Unlawful delivery. We all went to jail besides my friend. Nothing was found on him. But the girls had no reelection of anything. They remembered one thing at the house and woke up in jail. A pretty shitty way to wake up.

    My Questions are:

    Can the girls change there statement that they got it from me, I have facebook messages from one of the girls asking if i wanted any of the xanax. Could facebook messages be used in the court of law?

    The guy who called me in is the only one that claimed that i was all over the lanes. Could i be charged with the Improper usage of lanes. And reckless driving?

    I dont have proof that the girl got the percoset from somebody else. So would it be a he say she say? Even tho she is wanting to change her statement?

    I might have more questions but cant think of any of the moment. Thank you
  • 02-09-2016, 12:33 AM
    cdwjava
    Re: Unlawful Delivery
    Quote:

    Quoting Halstead90
    View Post
    My Questions are:

    Can the girls change there statement that they got it from me, I have facebook messages from one of the girls asking if i wanted any of the xanax. Could facebook messages be used in the court of law?

    Yes, they CAN be used (if presented properly at court) ... but, I suspect your attorney ain't gonna want to do it as it might tend to show that you were willing to purchase or receive it and may well have done so prior to the stop!

    Quote:

    The guy who called me in is the only one that claimed that i was all over the lanes. Could i be charged with the Improper usage of lanes. And reckless driving?
    Maybe. If the caller was willing to go on record and testify as a witness, sure. But, they probably do not need the witness statement. The officer apparently saw you do your "power slide" and "burnout" on the road, and that's probably good enough for the reckless driving charge.

    Quote:

    I dont have proof that the girl got the percoset from somebody else. So would it be a he say she say? Even tho she is wanting to change her statement?
    It might be hard to prove that they got the drugs from you, but, it's possible. It may come down to who comes across more credible at trial. If it goes to trial. These issues tend to plead out before trial. I suspect a deal will be put on the table that will allow you to take some form of diversion and probation, along with fines, and, perhaps, some short jail time in lieu of serious time for serious charges.

    Consult legal counsel ASAP.
  • 02-09-2016, 01:38 AM
    Halstead90
    Re: Unlawful Delivery
    Well in the messages, It just asks if i want any. And i just said i might want some. Didnt say how many i wanted. Or anything like that. But would that change the Unlawful delivery? Or drop it atleast? And there was no burnout. No marks, Nor noise. The officer was close to a mile behind me. AT 4 in the morning. SO it was pretty dark. And what are the chances of jail time? No prior Tickets, Or anything else. And i wont be able to till my lawyer gets back in a week. Just seeing what im looking at.
  • 02-09-2016, 01:46 AM
    cdwjava
    Re: Unlawful Delivery
    Quote:

    Quoting Halstead90
    View Post
    Well in the messages, It just asks if i want any. And i just said i might want some. Didnt say how many i wanted. Or anything like that. But would that change the Unlawful delivery? Or drop it atleast?

    That's up to the DA. But, the exchange would show that you have the inclination to engage in distribution. As we do not know what evidence the state might have, we cannot say what charges you might face when the DA reviews the reports.

    Quote:

    And there was no burnout. No marks, Nor noise.
    But, YOU wrote: "And pulled out of Fast food place, And sorta power slide while leaving the fast food place onto the main road. The Cop said I was Doing "Doughnuts" In the middle of the parking lot. And Did a burnout and Power slide onto the main road. Which I didn't do either but just the power slide." [sic]

    That would be sufficient for the stop. After that, he observed signs of impairment I imagine and things went downhill from there.

    Quote:

    The officer was close to a mile behind me. AT 4 in the morning. SO it was pretty dark. And what are the chances of jail time? No prior Tickets, Or anything else. And i wont be able to till my lawyer gets back in a week. Just seeing what im looking at.
    I am not familiar with the laws in your state, so I can't say what you face. It'll be up to the DA to file the specific charges, and your attorney can tell you what the potential consequences are. Typically, a plea deal to diversion (treatment, probation, fines) will be the end result. It might help if you get into drug and/or alcohol rehab now so that you can look good to the court.
  • 02-09-2016, 01:57 AM
    Halstead90
    Re: Unlawful Delivery
    Im stating what the cop saw. Yes i did get on it after i i pulled out. But no burnout or doughtnuts. Thats what i meant. And i wont be able to get into rehab, HAve a job to maintain. And i have a no contact with them. Im just saying, Even if i did show evidence of me not "delivering" it. Because i didnt give it to them. I admit to what i done. But im taking charges for something i do. Specailly 3 felonies. So your basically saying im screwed no matter what when it comes to these felonies?

    And how would it be distribution? Just saying i want a couple? She stated that she was going to bring the girl to the pharmcy and get them and asked if i wanted any. And i said i might want a couple but not sure

    But would it even be possible to drop a couple and take probation for atleast one charge for the class 2? Since i dont have visible proof of that.
  • 02-09-2016, 06:04 AM
    free9man
    Re: Unlawful Delivery
    You need an attorney. You are facing multiple felony charges and only an attorney with access to all the facts and evidence against you can accurately assess your options.
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