Kendall Introduction of Contraband into a Detention Facility Lawyers
Getting caught trying to sneak something illegal into a jail or prison is bad news, but with the right lawyer on your side, you may be able to avoid harsh penalties. This article will give you the lowdown on contraband charges in Kendall County, Illinois and how an experienced criminal defense attorney can help.
What is Contraband?
Basically, contraband refers to any item that is considered illegal or prohibited inside a correctional facility. The most common contrabands are drugs, alcohol, cigarettes, weapons, cell phones, etc. But it can really be anything that is not allowed inside per the facility’s rules.
Contraband charges are always felonies in Illinois. Just attempting to bring something in can land you with a Class 1 felony that carries 4-15 years in prison. If it’s something super illegal like guns or explosives, it jumps up to a Class X felony with 6-30 years behind bars.
So yeah, getting busted with contraband is bad news and needs an attorney ASAP.
How Do Contraband Charges Happen?
There’s a few ways folks end up facing contraband charges:
- Getting caught smuggling something in through security or the mail
- Staff searches that turn up prohibited items
- Inmate tip-offs and snitching
- Random shakedowns and cell searches
Doesn’t really matter how it happens though. If you’re caught with something you shouldn’t have, you’re looking at felony charges no matter what.
Search and Seizure Issues
In some cases, there may be issues with how the search was conducted or how the contraband was discovered. Like if guards just randomly tossed your cell without cause or proper procedures.
A good lawyer will look at 4th Amendment concerns like probable cause, reasonable suspicion, and execution of searches. If your rights were violated, the contraband evidence could potentially be suppressed or thrown out.
Defenses Against Contraband Charges
Here’s some of the main defenses lawyers use to fight contraband cases:
Lack of Knowledge – Argue you had no clue the item was there. Like drugs were secretly stashed without your knowledge. This works best if others had access to your cell.
Duress – Claim you were forced or coerced into bringing something in under threats. This is a long shot defense though.
Wrongful Possession – Argue the contraband belonged to someone else. Like it was left there by a previous inmate.
Entrapment – For inmate snitches, argue you were illegally entrapped into procuring the item. This is hard to prove though.
Illegal Search – Focus on 4th Amendment violations and try to get evidence thrown out. This works if proper procedures weren’t followed.
False Accusations – Claim another inmate or guard is falsely accusing you out of malice. Need proof they are lying though.
Sentencing and Plea Deals
If convicted of contraband charges, you’re facing years behind bars. But an experienced lawyer may be able to negotiate a better deal, like:
- Plea down to a lower misdemeanor charge
- Diversion programs or probation if a first offense
- Boot camp or work release instead of hard prison time
- Ask for minimum instead of maximum sentence
Cooperating with authorities can also help reduce sentences. Like providing intel about how contraband gets smuggled in.
Finding the Right Lawyer
Don’t go it alone against felony contraband charges in Kendall County. An aggressive criminal defense lawyer can maximize your chances of beating the case or minimizing the penalties.
Look for an attorney with deep knowledge of Illinois contraband and drug laws. Someone familiar with the prosecutors and courts in the area. A local lawyer is best, as they know the system and how things work in Kendall County specifically.
Ask around for referrals to contraband defense attorneys with a proven record of good outcomes. Meet with a few lawyers before deciding who to hire. Go with someone you feel comfortable with and who seems highly competent.
Also make sure to ask about fees and costs upfront. Many lawyers offer free consultations and flexible payment plans for criminal defense cases. Don’t let the cost deter you from getting experienced legal help. The consequences of a conviction are way worse.
The Legal Process
Here’s a quick rundown of how a contraband case usually goes down:
Arrest – You’re charged and taken into custody if caught in the act.
Booking & Bail – You’re fingerprinted, photographed, and can bail out until trial. Bail is higher for felonies.
Preliminary Hearing – This is where prosecutors must show sufficient evidence of guilt to proceed.
Grand Jury Indictment – Contraband felonies require a grand jury to bring formal charges.
Arraignment – You enter a plea at your first court appearance. Common to plead not guilty initially.
Motions & Discovery – Your lawyer can file motions to suppress evidence or dismiss the case. They’ll also request evidence from the prosecution.
Plea Bargaining – Many cases end with plea deals rather than trial. Your lawyer negotiates for a lighter sentence.
Trial – If no plea deal, the case heads to trial. A jury decides your guilt based on evidence presented.
Sentencing – If found or plead guilty, the judge gives out your sentence. Your lawyer argues for leniency.
Appeals – You can appeal the verdict or sentence if legal errors were made.
Having an attorney to guide you through this complex process is crucial. Don’t try to navigate the legal system alone.
Don’t Wait to Call a Lawyer!
If you or a loved one have been accused of sneaking contraband into a Kendall County correctional facility, time is of the essence. The sooner you involve an experienced criminal defense attorney, the better. They can start building your defense and working on a favorable resolution of the charges.
Don’t go it alone against serious contraband felony charges. The penalties are severe and the laws complex. Having an aggressive lawyer fighting for you can make all the difference.