DuPage County Drug Possession Lawyers
Zealous Defense Against State and Federal Authorities
The war on drugs waged by federal and state law enforcement agencies and prosecutors has swept up many people who have succumbed to addiction or made regrettable mistakes. Law enforcement agencies continue to aggressively pursue convictions in drug cases even when the drugs are clearly for personal use. If the quantity is sufficient to constitute intent to distribute, the penalties can be a lengthy term in state prison and substantial fines.
Whether you are charged with possession of a controlled substance under 720 ILCS 570.402 or possession of marijuana under 720 ILCS 550/4, it is important that you immediately assert your right to counsel and right to remain silent. DO NOT ANSWER QUESTIONS OR ATTEMPT TO TALK YOUR WAY OUT OF THE SITUATION UNTIL YOU HAVE AN EXPERIENCED ILLINOIS CRIMINAL DEFENSE ATTORNEY PRESENT TO PROTECT YOUR RIGHTS!
Our DuPage County drug possession defense attorneys at Ramsell & Kunowski, L.L.C. provide exemplary criminal defense to drug charges based on extensive investigation, diligent legal research and tenacious advocacy. Although we have represented many high profile clients including athletes, musicians, politicians and others, our 12,000 criminal cases have involved people from every walk of life and socioeconomic background.
Whether we are challenging the legality of a search or contesting whether our client had constructive possession of a controlled substance, we are committed to using all appropriate procedural and substantive defenses to pursue a dismissal or acquittal. When this is not an option, we might be able to pursue a diversion program that protects your liberty and criminal record. We do not shy away from the most difficult cases because our criminal defense attorneys are proven trial attorneys with successful results in thousands of cases.
Possession of Marijuana Under Illinois Law (720 ILCS 550/4)
Many states have begun to decriminalize possession of small amounts of marijuana by passing medical marijuana laws. A couple of states have even legalized recreational use of cannabis, and many other states are considering similar liberalization of their laws regarding pot. However, Illinois has not joined this trend and continues to impose tough penalties on individuals convicted of possession of marijuana.
The severity of the penalty for marijuana possession depends on the quantity of pot in your possession when you are arrested. The following penalties apply:
- 2.5 grams or under constitutes a Class C Misdemeanor subject to a maximum of thirty days in jail and/or a fine up to $1,500;
- Over 2.5 grams to 10 grams constitutes a Class B Misdemeanor subject six months in jail and/or a maximum fine of $1,500;
- Over 10 grams but under 30 grams constitutes a Class A Misdemeanor subject to a maximum of a year in jail and/or a maximum fine up to $2,500;
- Above 30 grams to 500 grams constitutes a Class 4 Felony subject to a maximum of 1-3 years in state prison and/or fine up to $25,000;
- Under 2,000 but over 500 grams constitutes a Class 3 Felony subject to a maximum of 2-5 years in state prison and/or a fine up to $25,000.
The punishments continue to increase in severity based on the quantity of marijuana in your possession when you are arrested.
Possession of a Controlled Substance (720 ILCS 570/402)
While federal law classifies marijuana as a Schedule I drug, which is reserved for the most dangerous and highly addictive drugs with no legitimate medical use, Illinois law treats marijuana differently from other drugs, such as:
- Heroin
- Ecstasy
- Cocaine
- Methamphetamine
- Other Controlled Substances
The penalties imposed under Illinois law for possession of a controlled substance are harsher than those for marijuana possession. If you are arrested while possessing less than 15 grams of a controlled substance, you will be charged with a Class 4 Felony which carries a punishment of 1-3 years in the state penitentiary and/or a fine of up to $25,000. The specific punishment for possession of more substantial quantities of controlled substances depends on the type of substance.
Aggressive Narcotic Possession Defense Attorneys
Our experienced DuPage County drug possession defense lawyers carefully scrutinize the legality of law enforcement searches, incriminating statements, vehicle stops and other police procedures. We invite you to call us today at 630-256-8001 or send us an email to schedule your free consultation in our conveniently located office in Naperville, or we can even come to you if you are in custody. We also have offices in Wheaton and in St. Charles or Rolling Meadows by appointment. We are ready to start fighting for your future.
