Drug Induced Homicide charges are on the rise in McHenry County. The opiod crisis has impact communities across the nation, but few places have been hit with more force than our own backyard. In response to the overwhelming number of deaths caused by illegal drugs, most commonly heroine with fentanyl, Illinois enacted 720 ILCS 5/9-3.3. This statute sets forth the folowing elements that must be proven beyond a reasonable doubt in order for a conviction to stand.

  • There was an unlawful delivery of a controlled substance - The first element of the offense is that some transaction was completed where the defendant delivered illegal drugs.
  • Any person's death is caused by taking the illegal drugs - This is a very interesting element of the offense and it is the area where a successful defense attorney will often focus. The causation element requires the State's Attorney to prove, beyond a reasonable doubt, that the death was caused by taking the drugs in question. What if multiplt drugs from multiple sources were taken at a single time? How about situations were the drugs are passed around and taken by multiple people, but only one dies? These are the questions that defense attorneys capitalize on.

This is a class X offense and it is extremely serious. The sentence carries mandatory prison time and can result in higher security classifications. Only an attorney with experience handling these matters should take on the challenge and this is the best place to begin, and end, your search.


The Deal Offer

In their quest to vigorously prosecute Drug Induced Homicides, the State's Attorney will often bargain with drug users to obtain testimony or information about someone further up the distribution line. Accusations made in exchange for their own benefit are suspicious and must be looked into by a trained defense attorney. It is not uncommon for someone to be charged with delivery drugs that caused a death based on the testimony of a drug user.

Not only is their testimony tainted by the promised leniency, many other questions are raised. Was the user under the influence of drugs themselves when they witnessed the event? This is one of the many ways that these charges can be brought into question and one that Evan E. Randall has been a part of many times. 

Up the Chain

The statute is written to apply very broadly. Someone can be charged even if they themselves did not deliver the drugs to the person who died. The language "any person's death is caused" means that a large dealer who sells to a small dealer, who then sells to a user who overdoses, can be charged with Drug Induced Homicide. In these cases, the police or State's Attorney will offer leniency to the smaller dealer in exchange for the identity of the larger one. 

The liability for Drug Induced Homicide seemingly never ends. In theory, people could constantly point up the chain until the point of origin is discovered. High stakes demand a high level of experience. Charges as severe as these must be handled by an attorney who can get the job done effectively. 


With our office being located directly across from the courthouse, and the jail, we never have trouble finding time to visit a client in custody. We spend a lot of time visiting our incarcerated clients and, even if there is no new information to go over, it is sometimes just nice to speak with a familiar face. We take pride in what we do and the extra effort helps our clients feel more at ease and the information we gather talking with them often provides crucial information for their defense. 

Evan E. Randall knows the importance of client interaction and takes every opportunity to visit clients in jail. If you are facing a Drug Induced Homicide charge in McHenry County, this is the level of devotion that you need. Call the Law Offices of Evan E. Randall today at (815) 880-4529 or send an email to