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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116818
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son was prosecuted for heroin Overdose after I called on

Customer Question

My son was prosecuted for heroin Overdose after I called on his behalf for help. When the police came they searched and found evidence. He was revived taken by ambulance to the hospital. He spent 31/2 years in Drug Court and his rights were taken away. He could not work, his reputation was ruined and his life was monitored for 3 1/2 years and drug tested randomly. It cost over 10,000 in fees and bails and attorney. It was later found that none of this should have happened because The Good Samaritan Law was passed before he was arrested, but the court violated the law. What can I do for damages and to recoup my loses?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: Yes, he served a hellish 3and 1/2 years of Drug Court and his case was then dismissed. He still had a record and because of this record he lost avery lucrative job.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I want the lawyer to be familiar with the terror of Drug Court and the fact that he developed PTSD because he feared that he would be incarcerated on the whim of the judge. He had to sppear inthe middle of the day every Thursday so he could hardly find any employer who would hire him, yet if he did not procure a job, he would be incarcerated.
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He was arrested and prosecuted for possession of heroin and if he had less than 3 grams of heroin that the police found, then he would be immune from prosecution under the IL law, Public Act(###) ###-#### If he was convicted contrary to the law, the first step is you have to file a motion for post conviction relief and get the charges vacated and dismissed, at which point you can get his record expunged. Then at that point you would need a local civil rights attorney to sue the state/law enforcement agency for prosecuting him and convicting him contrary to the IL statute that was in effect at the time of his arrest/conviction and through that suit you can seek to recover his damages.
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