Facilitating a Heroin Sale in Illinois
In a recent Illinois appellate case, the defendant was convicted of unlawfully delivering heroin. An accountability theory was used to obtain the conviction, which resulted in a 3.5-year sentence of imprisonment in the Illinois Department of Corrections. The case arose when a 29-year-old woman died due to a heroin overdose in 2014. The defendant’s roommate sold the heroin to the decedent. The defendant was charged with delivering a controlled substance on an accountability theory once it was discovered that the defendant had arranged the sale. The defendant pled not guilty and asked for a speedy trial. The prosecution subsequently charged the defendant with criminal drug conspiracy under 720 ILCS 570/405.1. The defendant said on the record that he would waive his right to trial by jury and also signed a waiver. The prosecution had agreed to dismiss the second count so that the trial occurred only on the first count. The defendant admitted that his roommate sold the heroin to the dec...