Can you be charged with PWID within 1000 ft of school?

Asked about 1 year ago - Chicago, IL

The illegal items was found inside a garage.

Attorney answers (4)

  1. Daniel G. Galivan

    Contributor Level 17

    7

    Lawyers agree

    Answered . Of course you can be charged with it and if the evidence of possession and intent to deliver are sufficient, you can be convicted as well. You need to consult an experienced criminal defense attorney to evaluate the entire case, the possibility of pretrial motions and any viable defenses. Most of us provide free consultations. www.galivanlaw.net

  2. Amy Marie Rupiper

    Contributor Level 6

    5

    Lawyers agree

    Answered . The prosecutor can charge you with anything. The key is whether they can prove the charges beyond a reasonable doubt.

    In this case, the prosecutor must prove, amongst other things, the garage somehow belonged to the person charged; and that the goodies were really within 1000 ft of a school.

    In sum, the argument the prosecutor will make is 'constructive possession' of the illegal items.

  3. Raymond George Wigell

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Yes, a perfin can be charged, based on the limited fact pattern you suggest.

    The more interesting question is what theories of defense are available to oppose the charges.

    An experienced criminal defense lawyer, after a review of the discovery tendered by the prosecution and a through investigation is better suited to answer the more interesting question.

    Of course, every answer is based on the question asked and requires a more complete context. This answer should... more
  4. Melissa I. Smejkal

    Contributor Level 18

    3

    Lawyers agree

    Answered . You can be charged with it but if there are no more facts you likely would be found not guilty of the 1000 feet.

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