Herrin, IL asked in Criminal Law and Federal Crimes for Illinois

Q: How can you be indicted for distribution when the ci said you didn't give him the drugs, someone else did?

How can they supersede you even after they admitted they didn't have probable cause the first time and they still charge you with the distribution and add conspiracy? Isn't that double jeopardy? Now have co-defendent that actually gave the drugs to ci yet wasnt charged until a selective prosecution was filed.

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1 Lawyer Answer
Juan Ooink
Juan Ooink
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: First, it is not double jeopardy. The State is free to proceed by way of Preliminary Hearing and Indictment. If they fail at Preliminary Hearing, they are free to seek an Indictment. Second, you could be charged if you were involved in any way. Finally, you need to hire a Criminal Defense Attorney to assist you with this matter right away. The sooner you hire an attorney, the better.

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