Possession of drugs is a serious crime in Illinois and carries serious penalties. The name given to this offense by the Illinois legislature is Possession of a Controlled Substance. If there is some indication that a commercial situation is present, such as numerous small bags, a scale, a large amount of cash, or evidence of sales to police, Possession of a Controlled Substance with Intent to Deliver can be charged. This is the more serious offense. Experienced Northfield Drug Possession Lawyer Fred Dry can help you with your case.
Cannabis, also called Marijuana, has been available legally for medicinal purposes for over one year. However, if possessed contrary to the very strict statutory regulations, a violation can be charged. On January 1, 2020 Possession of Cannabis will be legal in Illinois for adults to possess and consume for recreational purposes. There are limitations to the amount and manner of possession permitted in the statute. If the substance is in a vehicle, it cannot be in the passenger compartment and must be unopened. It cannot exceed approximately one ounce.
Sometimes people are arrested for Possession of Controlled Substances in Illinois when they become part of an investigation of some other possible crime. They may not personally possess the substance, but are riding in the car or truck of a friend or relative when it is stopped by the police or involved in an accident and drugs are discovered. They may be visiting the home of a friend or relative when the police show up with a search or arrest warrant. They may be driving their own car. Whether the drugs belong to you or others, you may be charged.
Some clients are stopped by the police while walking down the sidewalk minding their own business. If the police do not have a warrant and have no justification for questioning you or being fearful of you, they cannot legally detain you or do a pat-down or search. Many clients have reported this happening and their cases are also challenged by a Motion To Quash Arrest and Suppress Evidence. If the Judge agrees that the search was unreasonable, (s)he will refuse to allow the Government to use the evidence. When that happens, the case is over because there is no proof of a controlled substance. The law permits the person to walk away from the police when there is no lawful justification for the detention.
If a search is conducted by the police and leads to the discovery of controlled substances (drugs) in any situation, other than an investigation with a warrant, the Northfield Criminal Defense Lawyer will be thinking about challenging the admissibility of the discovered evidence with a Motion To Quash Arrest and Suppress Evidence. If your car is curbed by the police for a traffic violation, even if they actually write you a traffic ticket, they may not search you or your car without additional factual justification.
If the police have a search warrant, your Northfield Criminal Defense Attorney will consider whether the process that resulted in the issuance of the warrant was completed appropriately. Did the police or prosecutor have adequate factual evidence to satisfy the judicial standard of Probable Cause to obtain the warrant? Was the Judge who signed off provided all evidence the police had or did the police or prosecution fail to present a fact that would weigh against allowing the warrant to issue?
The lawyer should also consider the contents of the warrant and how the police executed the warrant. Did the warrant contain the correct name and address requested on the paperwork in the warrant application? Did the police actually search the correct location? Was the entry to the location and search conducted according to Due Process?
In order to prove Drug Possession, the government must prove what the substance is. It must be proven, beyond a reasonable doubt, that the substance is a controlled substance specified in the law. To do this the Government will usually call a government employed chemist. That person will testify about their credentials and the methods employed to test the substance. An experienced defense lawyer will be able to ask intelligent and knowledgeable questions about those methods and conclusion. If the witness’ testimony is not able to withstand this type of cross-examination, the court may find reasonable doubt.
It is important that you work with a drug possession attorney who will protect your rights. Fred Mark Dry is a criminal defense attorney with over 40 years of experience handling criminal cases in Illinois.Illinois Drug Penalties
Illinois divides felonies into five classes: X, 1, 2, 3 and 4. A Class X felony is the most serious and will receive the harshest penalties. In addition to jail time, felony drug possession charges also carry fines that can reach up to $25,000. Misdemeanors in Illinois are divided into three classes: A, B and C. Class C misdemeanors are the least serious possession crimes.
When you are charged with drug possession in Illinois, your penalty will depend on what drug you had as well as the amount. For example, possession of 2.5 grams or less of marijuana is a Class C misdemeanor and is punishable by 30 days in jail and $1,500 in fines. Possession of 900 grams or more of heroin, cocaine or morphine is a Class 1 felony that is punishable by 10-50 years in prison.
Penalties for drug possession in Illinois can increase with any subsequent charge. For example, subsequent convictions for a Class A misdemeanor will be charged as a Class 4 felony. Subsequent convictions for a Class 4 felony will be a Class 3 felony.
Possession of controlled substances, including marijuana, cocaine, crack, ecstasy, and methamphetamine can have you facing prison time, fines, and probation. This serious crime requires quality legal counsel. Speak with Northfield drug crimes attorney Fred Mark Dry as soon as possible.
Contact the firm today to schedule a case evaluation now.State of Illinois Drug Schedules
The State of Illinois divides controlled dangerous substances into five schedules based on factors such as their potential for abuse, and whether they are approved for legitimate medical use:
Schedule I – drugs (such as opiates and certain opium derivatives and hallucinogenic substances) that have a high potential for abuse, no accepted medical use, or are unsafe for use in treatment, even under medical supervision.
Schedule II – drugs (such as coca leaves and opium) that have a high potential for abuse, have an accepted medical use and can result in severe psychological and physical dependence if abused.
Schedule III – drugs (such some steroids) that have a potential for abuse less than Schedule I or II drugs, have an accepted medical use and can lead to low or moderate physical dependence and high psychological dependence.
Schedule IV – drugs (such as diazepam) that have a lower potential for abuse than Schedule III drugs, have an acceptable medical use and may lead to limited psychological and physical dependence in relation to Schedule III drugs.
Schedule V – drugs that are the least dangerous, with the lowest potential for abuse, a currently accepted medical use, and likely to lead to only limited physical or psychological dependence. Schedule V drugs include medicines that have very small amounts of specified narcotic drugs.