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DuPage County Drug Possession Attorneys

Strong Defense Against Drug Possession Charges in Illinois

Drug possession is a serious offense in Illinois. Convictions can result in heavy fines, jail time, and even forfeiture of vehicles, real estate, and other property. If you have been charged with possession or any other type of drug crime in Illinois, it is important to speak with an experienced criminal law attorney right away, so you understand your rights and options.

For over 40 years, Mevorah & Giglio Law Offices has aggressively defended individuals charged with drug possession in Chicagoland and throughout northern Illinois. Our award-winning attorneys are former prosecutors and public defenders with an in-depth knowledge of the state and federal judicial system. We have successfully litigated drug crimes cases at all levels of the Illinois court system, and we know what it takes to secure positive outcomes in such cases.

Our lawyers are honest, straightforward, accessible, and approachable. In addition, we are tireless advocates fighting for the rights of each client we serve. When you are charged with a drug crime, we go to work immediately to find holes in the government’s case and explore every legal avenue to have the charges reduced or dropped.

Penalties for Drug Possession in Illinois

Drug possession penalties vary depending on the type of substance, amount you are in possession of, and other circumstances. While Illinois has legalized marijuana for both medical and recreational use, adults over the age of 21 are only allowed to possesses up to 30 grams of marijuana plants, five grams of concentrated cannabis, or 500 milligrams of THC. Possession of marijuana in excess of these amounts could lead to criminal charges. Penalties for marijuana possession are as follows:

  • 30 to 100 Grams: Class A misdemeanor punishable by fines up to $1,500 and up to one year in county jail.
  • 100 to 500 Grams: Class 4 felony punishable by fines up to $25,000 and one to three years in prison.
  • 500 to 2,000 Grams: Class 3 felony punishable by fines up to $25,000 and two to 5 years in prison.
  • 2,000 to 5,000 Grams: Class 2 felony punishable by fines up to $25,000 and three to 7 years in prison.
  • Over 5,000 Grams: Class 1 felony punishable by fines up to $25,000 and four to 15 years in prison.

Possession of a controlled substance such as cocaine, heroin, or LSD is generally charged as a Class 1 felony with prison sentences starting at four years. The sentences increase significantly for possession of higher amounts of these "hard drugs." Also, if you are convicted of related offenses such as drug trafficking and/or drug manufacturing, the fines and jail time are increased.

The defense strategy against a drug possession charge may depends on whether you had "constructive" or "actual" possession. Constructive possession means you allegedly had knowledge and control of the drugs. For example, if the drugs were found inside your home or car, and you knew they were there, you may be considered to be in constructive possession. An effective defense in these cases can be to deny knowledge and/or show that other individuals had access to these areas.

If the drugs are found on your person, you will be considered to be in actual possession. A more effective defense for actual possession may be to demonstrate that police officers committed an illegal search and seizure under the Fourth Amendment to the U.S. Constitution. As former prosecutors, we know that law enforcement officials do not always follow proper procedures, and they often cut corners during the course of investigating and pursuing alleged drug offenders. We aggressively cross-examine police officers and informants at trial to expose any and all such weaknesses in their case.

Contact Our Bloomingdale Drug Possession Defense Lawyers

At Mevorah & Giglio Law Offices, we understand what is at stake when you are charged with drug possession. We thoroughly examine the procedures used in each case so we can craft a strong defense strategy to minimize the negative consequences. For a free consultation with one of our skilled Illinois drug crimes attorneys, contact our office today at 630-932-9100.

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