Wheaton Drug Possession Lawyers

Attorneys for Criminal Charges Related to the Possession of Drugs in Wheaton, Illinois

Being arrested for drug possession in Illinois can lead to serious legal and personal consequences. Whether the charge involves a small amount of marijuana or a felony-level quantity of a controlled substance, a conviction can result in fines, jail time, and a permanent criminal record. A drug-related conviction can also affect your employment opportunities, your ability to find housing, and your ability to obtain or keep a professional license.

The attorneys at Nagle & Giese, P.C. provide representation for people who have been charged with drug possession offenses in Wheaton and throughout DuPage County. Our legal team understands that every case is unique, and we can help you determine the best defense strategy that will protect your rights and help you achieve the best possible outcome to your case.

Illinois Drug Possession Laws

Illinois classifies controlled substances into different categories based on their potential for abuse and whether they have any accepted medical uses. Drug possession charges will vary depending on the specific substances and the amount a person is accused of possessing.

Marijuana Possession

Illinois has legalized the recreational use of marijuana for adults over the age of 21. However, there are still legal limits, and people who possess more than the allowed amount of cannabis could be charged with marijuana possession. In general, adults are allowed to possess up to 30 grams of marijuana, and they could face drug possession charges if they possess more than this amount.

Possession of 30 to 100 grams of cannabis is a Class A misdemeanor offense. A conviction could lead to a jail sentence of up to one year and as much as $2,500 in fines. Possession of more than 100 grams may lead to felony charges. Depending on the amounts, these charges may range from a Class 4 felony with a potential prison sentence of one to three years to a Class 1 felony with a maximum sentence of 15 years. A felony conviction may also result in fines, up to a maximum of $25,000.

Controlled Substance Possession

Drugs such as cocaine, heroin, methamphetamine, and unauthorized prescription medications are classified as controlled substances under Illinois law. Possession of these substances will often result in felony charges, with penalties based on the quantity. In general, possession of 15 grams or more of these substances will result in Class 1 felony charges. While a Class 1 felony typically carries a jail sentence of four to 15 years, larger quantities of drugs may result in longer sentences, up to a maximum of 50 years. Fines in these cases may be as high as $200,000 or the total "street value" of the drugs in question.

Potential Defenses Against Drug Possession Charges

Our experienced criminal defense attorneys will work with you to determine the ideal strategies that may be used to challenge drug possession charges. These defenses may include:

• Illegal Search and Seizure:The Fourth Amendment protects people from unlawful and unreasonable searches by law enforcement and seizures of their property. If the police searched your home or vehicle without obtaining a warrant, did not have probable cause, or did not receive consent for a search, evidence found during this search may be excluded from your criminal case. Our defense attorneys can file a motion to suppress evidence that was obtained when law enforcement violated your constitutional rights.
• Lack of Knowledge or Possession:To secure a conviction, the prosecution must prove that you knowingly possessed the illegal substance. We may argue that you did not know about the presence of drugs or that the drugs belonged to someone else. For example, if you were driving a vehicle with multiple passengers, and drugs were found under a seat, we may argue that you had no knowledge that a passenger had brought the substances into your vehicle.
• Substance Misidentification or Lab Testing Errors:The prosecution must prove that the substance in question is an illegal drug. This requires lab testing, and the chain of custody of samples must be fully documented. If the prosecution cannot establish that the alleged drug was properly tested and identified, we may be able to challenge the charges.
• Entrapment:In some cases, law enforcement may induce or coerce a person into committing a crime they would not have otherwise committed. If we can show that you were entrapped, the charges may be dismissed.

Alternative Sentencing and Diversion Programs

For first-time offenders or some defendants who are facing low-level drug possession charges, Illinois offers alternatives to incarceration that focus on rehabilitation rather than punishment. These programs include:

• Drug Court Programs: Some nonviolent drug offenders may be eligible for a court-supervised rehabilitation program instead of traditional prosecution. Successful completion may result in dismissal of charges.
• Deferred Prosecution: In some cases, you may be able to enter into an agreement with the court to complete certain conditions, such as drug treatment or counseling, in exchange for the dismissal of your case.
• Probation and Conditional Discharge: Instead of serving jail time, you may be placed on probation with requirements such as community service or drug education.

Our attorneys can advocate for solutions that will allow you to resolve your case successfully while minimizing your penalties and avoiding long-term effects on your life.

Contact Our Wheaton, IL Drug Possession Defense Attorneys

When you are facing charges related to the possession of drugs, legal representation is essential. The lawyers at Nagle & Giese, P.C. are ready to provide you with a strong defense while protecting your rights and your future. Call us at 630-407-1200 or contact us online to set up a free consultation today.