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difference from village charges vs county

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joane45

Guest
What is the name of your state? IL
My BIL was involved in an accident where he was broadsided by a truck and subsequently his SUV rolled over and slid into oncoming traffic. Injured adn taken to hopsital via ambulance. He had a crack pipe on him which he tried to conceal in the mattress of the cart he was on. Found by paramedic and given to police who brought to him. He initially acted innocent, then when pressured admited it was his, and was told they would not charge him until the following Monday, vs arrest after discharge from hospital. COp told him he found it in his pants pocket which was incorrect, he was still laying on his pants which had been cut in order to see his injuries. He had also been medicated with a narcotic for pain.

He went on Tuesday to the village police dept, was formallly charged and posted $75 bail, abd has received a court notice to appear before the village , with a village ordinace posted as being violated. The cop made this sound as tho it is not as bad as going to the county courthouse and being charged with a state violation. What is the difference?
 
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GKris

Guest
The difference is the degree of the crime. A crack pipe with no crack in it is a misdemeanor, the lowest one you can get. Its like a traffic ticket, hence the appearance in the village court. The county charge would be a higher offense, if they found crack in the pipe it would be a county charge. The good thing is that these type of offenses do not usually appear on criminal history checks. Most job applications dont ask about misdemeanors, only charges that went through county court, usually charges that result in jail time or fines more than 500.00. Your problems really wont start until the crack starts to kill this person. It is an extremelly adictive and physically destructive drug. Remember who the person is now, because shortly the crack will change them into your worst nightmare.
 
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joane45

Guest
Thanks GKris for your response, I agree with your comments regarding the drug itself, and he states he is done with it, He is very lucky to be alive from this accident and has had an " awakening" of sorts and attending 12 step mtgs because he wants to, not due to any suggestions.
How valid are these charges since the pipe was found on a ER cart after he was moved, but not actually on amything belonging to him?
 
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GKris

Guest
Depends on who is making the decision about its admisability. Since its a misdemeanor charge it will be a municipal judge, they tend to be a lot less stringent with their decisions. He may say something to the effect like the pipe got there from somewhere and this guy is the most likely canidate, or he may toss it out completely. Remember though, it is a very low charge - like a traffic ticket - and will not be reported to anyone.
 

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