If the police conduct a lawful search and find drugs on your person – i.e., in your coat pocket – you can be charged with illegal possession of a controlled substance. However, even if you are not actually carrying any drugs, you may still be convicted of a crime if you had “constructive” possession of narcotics.

Constructive possession means that drugs are found in an area determined to be under your control.

The Elements of Constructive Possession

Constructive possession generally requires the state to prove two factors beyond a reasonable doubt:

• You had knowledge that the drugs were present in the location they were found;
• You had “immediate and exclusive” control over that area.

For example, say you live alone in an apartment. The police search the premises and find marijuana on the dining room table. It is a pretty safe bet you will be convicted of constructive possession even if you were not physically holding a joint. A jury can easily infer the drugs belonged to you.

However, what if you share an apartment with several other individuals? Suppose the police find cocaine stashed in a drawer in your roommate’s bedroom. In this situation, you are much less likely to be charged with constructive possession since there is no way to prove you had “immediate and exclusive” control of the drugs.

IL Court Reverses Conviction, 15-Year Prison Sentence in Constructive Possession Case

This is not to say that individuals are never wrongfully convicted of constructive possession. Recently, an Illinois appeals court reversed the conviction and 15-year prison sentence of a man charged with illegal possession of drugs and weapons. The court said there was “reasonable doubt” as to whether the defendant actually lived at the apartment where he was arrested.

One night in 2013, Chicago Police Department officers executed a search warrant at the apartment in question. The defendant was not present at the time. During the search, police found a hidden compartment inside of a hallway closet. Inside the compartment were drugs, firearms, cash, and assorted drug paraphernalia.

Outside the apartment, an FBI agent located and identified the defendant, who was sitting in his truck. The police arrested the defendant, even though he had no drugs on his person, and no contraband was found in his truck. The arrest was largely based on the presence of some of the defendant’s personal items in the apartment, including two prescription bottles and clothing.

The defendant elected for a bench trial without a jury. The trial judge found the defendant guilty. The Illinois First District Appellate Court agreed with the defendant, however, that the evidence was “insufficient” to support his conviction. Specifically, there was no evidence connecting the defendant to the apartment or the items recovered from the hidden compartment. The defendant did not have a key to the apartment, his personal items were not in the same room as the compartment, and no drugs were found on him or in his truck.

Have You Been Accused of a Drug Crime?

As this case illustrates, a drug charge can have serious consequences. No one should face 15 years in prison based on insufficient evidence. If you are facing a possession charge and need assistance from an experienced Orland Park criminal defense attorney, contact the Fotopoulos Law Office, today.

Source:

Illinois Official Reports

Getting into any type of car accident can be a very unpleasant experience. Depending on the situation, you could be facing extensive damage to your vehicle or even serious injuries to yourself or your passengers. If you are in an accident with a driver who is uninsured or underinsured, the complexity of your situation increases quite a bit. Every driver in the state of Illinois is required to have a certain amount of coverage for collisions that are their fault, but not every driver obeys that rule. According to a 2017 study from the Insurance Information Institute, around 13 percent of drivers in the United States did not have any type of car insurance. This can be problematic for everyone involved in an accident, especially if you are a victim.

Dealing With an Accident With an Uninsured Driver

Usually, when you are in a car accident, the insurance company of the driver who is found to be at fault pays for the costs associated with the accident. When you are in an accident with a driver who does not have insurance, it can become a problem when trying to get your own insurance company to pay for damages. Even if a driver does have insurance, they may not have the right amount of insurance or enough to cover the costs of the damages. If you have been in an accident with an uninsured or underinsured driver, here are a few things to keep in mind:

1. You Should Immediately Call Emergency Services: Obviously, you should call 911 if anyone involved in the accident is seriously injured. However, it is always a good idea to call the police to the scene – even if there were no injuries – so that the accident can have an official record.
2. Get the Other Driver’s Contact Information: If the motorist stops after the accident, you should ask them for their insurance information. They may or may not tell you if they have insurance, but even if they do not, you should get their contact information such as their name, address and phone number.
3. Begin Gathering Evidence: This step can be crucial in any claim that involves an uninsured or underinsured motorist. You should collect as much evidence as you can when you are still at the scene of the accident. Try to take photos of any obvious injuries to yourself or others, any damage to your vehicles, their license plate number and vehicle, and the surrounding area.
4. Consult with an Attorney Before Talking to Your Insurance Company: Before you contact your insurance company, you should contact an attorney. Your attorney will be able to provide you with all of the available options for obtaining compensation after your car accident, even if there was an uninsured or underinsured motorist involved.

Our Cook County Car Accident Injury Lawyers Can Help You Get the Compensation You Deserve

Getting into a car accident can be devastating, but things can be even more stressful when the other driver involved in the accident does not have insurance to cover your damages. At the Fotopoulos Law Office, we know how difficult it can be to obtain compensation for your injuries, even in situations in which the other driver does have insurance. Our skilled Tinley Park, IL, car accident injury attorneys will work with you and your insurance company to help you get the most out of your claim. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Facts + Statistics: Uninsured Motorists

Tips for Handling an Accident With an Uninsured Driver

Five-Step Guide to Handling an Accident with an Uninsured Driver

Since the creation of the Occupational Safety and Health Administration (OSHA) in 1970, the U.S. government has placed an increased focus on decreasing the number of injuries happening in workplaces across the country. Today, OSHA still pushes for workplace safety and adequate training and precautions to try to prevent as many workplace injuries as possible. Unfortunately, workplace injuries are still common. According to the latest information from the Illinois Department of Public Health, there were an estimated 132,400 workplace injuries recorded throughout the state in 2017. Though an injury can happen in any workplace, there are certain industries that have more workplace injuries than others.

1. Health Care and Social Assistance: Most of the time, people think that the most dangerous industries to work in are those that use heavy machinery such as construction or factory work. In reality, the health care industry is typically the industry that has the highest number of workplace injuries. In Illinois, there were an estimated 21,300 injuries in this industry in 2017. Workplaces in this industry commonly include nursing and residential care facilities and hospitals.
2. Manufacturing: While it is not the industry that has the most workplace injuries, manufacturing still ranks rather high when it comes to being hurt on the job. In 2017, an estimated 18,100 injuries occurred in manufacturing. This category covers most types of manufacturing, including plastics and rubber manufacturing, food manufacturing, textile mills, computer and electronic manufacturing and petroleum and coal products manufacturing.
3. Retail Trade: Working in retail trade also has the possibility of being dangerous. An estimated 14,400 injuries were recorded in Illinois in 2017. The retail industry includes general merchandise stores, food and beverage stores, clothing stores and furniture and home furnishing stores. Many times, injuries recorded in this industry are overexertion, falls or trips.
4. Transportation and Warehousing: The transportation and warehousing industry consists of nearly all types of transportation, such as air, water, rail and truck transportation, pipeline transportation, postal service and couriers and messengers. Around 10,900 injuries were recorded in this industry, with the majority coming from truck transportation.
5. Entertainment and Hospitality: There is a wide range of workplaces that are included in the entertainment and hospitality industry, such as hotels, restaurants, bars, casinos, amusement parks, and museums. An estimated 10,700 injuries were recorded in 2017, with the foodservice industry carrying the majority of the injuries.

Have You Been Injured on the Job? A Cook County Workers’ Compensation Attorney Can Help

Being hurt while you are at work can change the course of your and your family’s lives forever. Not only can a workplace injury plunge you into financial distress, but you could also be facing the effects of your injuries for the rest of your life. At the Fotopoulos Law Office, we will protect your interests at all times and aggressively pursue every source of compensation possible. If you have been hurt on the job, do not wait – call our skilled Tinley Park, IL, workers’ compensation lawyers today at 708-942-8400 to schedule a free consultation.

Sources:

Survey of Occupational Injuriesand Illnesses in Illinois, 2017

Goods-Producing Industries