Illinois has some pretty tough drug laws, and there are harsh penalties for drug possession. If you or a loved one has been charged with drug possession, here’s what you need to know.
Understanding Illinois Drug Possession Laws: What You Need to Know
In the state of Illinois, drug possession is defined as having illegal drugs in your possession or control period that may include drugs such as heroin, cocaine, methamphetamine and others. It can even include prescription drugs that don’t belong to you. For example, if you buy prescription drugs from someone else, you are illegally possessing those drugs.
Related: The consequences of a felony conviction
Can You Go to Jail for Drug Possession?
You can go to jail for drug possession in the state of Illinois. In fact, the penalties revolving around drug possession typically revolve around the amount of the drug that you have in your possession. For example, if you have enough of a drug that it seems like you’re going to distribute it, you may face heftier penalties than you would if you had a small amount that would be classified as just enough for personal use.
Related: Can your lawyer challenge DUI evidence?
Are There Any Defenses to Drug Possession Charges in Illinois?
Many people choose to work with an attorney to defend themselves against drug possession charges. When you work with an attorney, they may use a number of defenses to help you get the best possible outcome, including:
- Unlawful search and seizure. Sometimes, the police obtain drugs through illegal search or seizure, such as without a warrant or probable cause. If that happens to you, your attorney may be able to argue that the police should not have searched and discovered the drugs in the first place — and therefore the evidence should be suppressed. However, this only applies in a very small number of cases, and no attorney can guarantee a specific outcome or promise you that they can get evidence suppressed.
- Lack of knowledge or control. Your attorney may be able to argue that you didn’t know the drugs were in your possession or control, or that you didn’t have control over them.
- Medical use. Your attorney may be able to explain that you have a valid prescription for the drugs, which means you didn’t commit a crime at all.
The bottom line is that every case is different, and the defense is available to your attorney depend on the circumstances of your case. What works for you may not work for another person, and vice versa.
Do You Need to Talk to an Attorney?
If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.
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