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 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 Chicago 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. Possession of marijuana is considered less serious and is a Misdemeanor for smaller amounts. Penalties for marijuana possession are as follows:
- Up to 2.5 Grams: Class C Misdemeanor punishable by fines up to $1,500 and up to 30 days in county jail.
- 2.5 to 10 Grams: Class B Misdemeanor punishable by fines up to $1,500 and up to six months in county jail.
- 10 to 30 Grams: Class A Misdemeanor punishable by fines up to $1,500 and up to one year in county jail.
- 30 to 500 Grams: Class 4 Felony punishable by fines up to $25,000 and one to three years in prison.
- 500 to 2000 Grams: Class 3 Felony punishable by fines up to $25,000 and two to five years in prison.
- 2000 to 5000 Grams: Class 2 Felony punishable by fines up to $25,000 and three to 7 years in prison.
- Over 5000 Grams: Class 4 Felony punishable by fines up to $25,000 and four to 15 years in prison.
Possession of any amount of a controlled substance such as cocaine, heroin and LSD is a Class 1 Felony with prison sentences starting at four years. 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 depends on if 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 are there, you are in constructive possession. An effective defense 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 are in actual possession. A more effective defense for actual possession may be illegal search and seizure under the Fourth Amendment to the U.S. Constitution. As former prosecutors, we know that law enforcement does not always follow proper procedures and often cuts corners during the course of pursuing drug offenders. We aggressively cross-examine police officers and informants at trial to expose any and all such weaknesses in their case.
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 630-932-9100630-932-9100.