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One of the most common causes for drug crime convictions in the nation is possession of a controlled substance, namely marijuana. In the state of Illinois, this offense can be charged as possession or possession with intent to deliver (PWID). The penalties for possession vary depending on the drug in question, as well as the amount in possession. Drug possession statutes can be found in 720 ILCS 570. The basic penalties are as follows:
The state (or government, depending on whether your charges are handled in state or federal court) relies on certain pieces of evidence to support a drug possession conviction. If certain evidence is not present, then there may not be enough cause to convict you of the crime. This could result in your offense being reduced to a lesser charge or dismissed completely.
Evidence could be dismissed by the defense attorney filing a “motion to suppress” evidence, witness testimony or professional opinion. One of the most common grounds used to justify a motion to suppress is Unlawful Search & Seizure. Your Fourth Amendment rights entitle you to be free from unlawful searches and seizures. Drug searches and seizures are no different. Listed below are some other options that might be available to you if arrested for drug possession:
Call now to hire a Chicago drug crime lawyer from the criminal defense firm of Okabe & Haushalter. Our firm has won various awards ranging from inclusion in Super Lawyers® Magazineto high ratings on Avvo – Mark J. Haushalter has an Avvo Rating of 10.0 Superb and Ryan Okabe is rated 9.3 Superb. We have also been featured in the news, including being named a Leader in Criminal Defense in the October 15, 2012 edition of Newsweek magazine. If you are facing charges of possession, contact a Chicago criminal defense lawyer from our firm right away to begin building a strong defense.