DuPage County Drug Possession Attorney

If you have been charged with drug possession, you need an exceptional DuPage County drug possession attorney with years of experience who can find ways to get the charges dismissed or reduced or secure a favorable plea bargain. Drug possession charges are serious, and they come with severe penalties and fines. Don’t be passive about your defense. Contact the drug possession lawyers at Wolfe & Stec at (630) 305-0222 for an initial free consultation about your case

We Want to Win Your Drug Possession Case

There are many ways to win or achieve a favorable outcome in a drug crime case if you know the ins and outs of the law. A drug possession attorney in DuPage County can get evidence thrown out because of illegal search and seizure or because of mishandled evidence. A drug possession lawyer can secure a favorable plea bargain or argue your case in front of a jury and judge. Whether you’re struggling with an addiction, got caught at the wrong place at the wrong time, or happened to be in a friend’s car and didn’t know drugs were present, you need legal representation in court. Don’t go it alone. Call a Wolfe & Stec drug possession lawyer today at (630) 305-0222.

We Will Defend You in All Kinds of Drug Cases

  • Possession
  • Distribution
  • Sales
  • Trafficking
  • Manufacturing

We Handle Drug Possession Cases Involving Many Substances

  • Marijuana
  • Crack
  • Cocaine
  • Heroin
  • Prescription Drugs
  • Methamphetamines
  • LSD
  • Opioids

How Can I Fight a Drug Possession Charge?

Here are some defenses to drug possession charges, according to FindLaw. Some drug possession defenses are more common than others:

Unlawful Search and Seizure

The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are quite common in drug possession cases. Illicit drugs found in “plain view,” such as on a car’s dashboard after a legal traffic stop, may be seized and used as evidence. But drugs found in the trunk of a car after prying it open with a crowbar, assuming the suspect did not give permission, cannot be entered into evidence in a drug possession case. If the defendant’s Fourth Amendment rights were violated, then the drugs cannot be used at a drug possession trial and the charges typically are dismissed.

Drugs Belong to Someone Else

A common defense to any drug possession charge is to simply say you didn’t do it. The drug possession equivalent is to claim the drugs aren’t yours or that you had no idea they were in your apartment, for example. A skilled drug possession defense attorney will pressure prosecutors to prove that the joint found in the car actually belonged to his or her client and not one of the other three passengers, FindLaw states.

Crime Lab Analysis

Just because it looks like cocaine or LSD doesn’t mean it necessarily is. The prosecution must prove that a seized substance is indeed the illicit drug it claims it is by sending the evidence to a crime lab for analysis in drug possession cases. The crime lab analyst then must testify at trial in order for the prosecution to make its case.

Missing Drugs

A skilled DuPage County drug possession lawyer will make sure prosecutors are able to produce the actual drugs for which their client is being charged in a drug possession case. Similar to the need for crime lab analysis, prosecutors who lose or otherwise lack the actual drugs risk having their drug possession case dismissed, FindLaw states. Seized drugs often get transferred several times before ending up in the evidence locker, so it should never be assumed that the evidence still exists during a drug possession trial.

Drugs Were Planted

This may be difficult to prove, because a police officer’s sworn testimony carries a lot of weight in the courtroom in a drug possession case. Furthermore, other officers may be reluctant to blow the whistle on a fellow officer. But your DuPage County drug possession attorney can file a motion that, if approved by the judge, requires the department to release the complaint file of the given officer, FindLaw states. This file contains the names and contact information of those who made the drug possession complaints, who can then be interviewed by your attorney or a private investigator.

Entrapment

While law enforcement officials are free to set up sting operations, entrapment occurs when officers or informants induce a suspect to commit a drug possession crime he or she otherwise may not have committed, according to FindLaw. If a drug possession informant pressures a suspect into passing drugs to a third party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs where the state provides the drugs in question.

Medical Marijuana Exception

The medical use of marijuana is never a defense in federal court but may be in states where medical marijuana has been legalized. States with such exceptions to marijuana laws typically require a doctor’s signed recommendation. But some of those states also provide for an affirmative drug possession defense by those arrested on marijuana possession charges who are able to show clear and convincing evidence of medical necessity.

How Much Does a DuPage County Drug Possession Attorney Cost?

Drug possession attorneys can charge by the hour or a set fee, depending on the charge and how fees are structured. Contact Wolfe & Stec at (630) 305-0222 for an initial free consultation about your case.

How Long Will a Drug Possession Charge Stay on my Record?

A misdemeanor drug possession charge, if it results in a conviction, can stay on your record permanently. If you received a deferred adjudication, and you successfully completed it, you can seal your record from a select group with a notice of non-disclosure. If your case is dismissed, then you are eligible for it to be expunged from your record.

Felonies are the harshest sentences for crimes in the United States. A felony drug possession charge, if it results in a conviction, will always remain on your record. Felony convictions can show up on background checks for the rest of your life. There are some felonies that are eligible for expungement, though not all felonies are.

If you are wondering whether your drug possession charge can be expunged, contact the law office of Wolfe & Stec at (630) 305-0222 to talk to a drug possession attorney about Illinois laws.

Is a Drug Possession Charge a Misdemeanor or a Felony?

A drug possession charge can be a misdemeanor or a felony, depending on the substance, the amount, and whether a person is involved in the manufacture, sale and distribution of the drugs.

To combat the rising use of drugs and its negative fallout, the Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and “analogs” of controlled substances, according to FindLaw. A “controlled substance analog” is one which has a chemical structure or effect substantially similar to that of a controlled substance listed in Schedule I or II of the Act.

Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance:

  1. Mere possession of a controlled substance or analog; and
  2. Possession of such substances with intent to manufacture or deliver (more severely punished).

Elements of a Drug Possession Charge

To secure a conviction for drug possession, the prosecution must prove the following beyond a reasonable doubt:

  • The identity of the substance in question;
  • That the defendant knowingly possessed the substance; and
  • That the substance was in his or her immediate and exclusive control (either actual or constructive possession).

Although possession of any amount of a controlled substance will sustain a conviction, higher grades of the possession offense require greater amounts of the drug(s) involved or of the substance(s) containing the drug, FindLaw states. Thus, to convict a defendant of a higher-level controlled-substance possession offense, the prosecution must prove the weight of the drug or substance containing the drug beyond a reasonable doubt.

What Are Sentences for Drug Possession Charges?

Sentences can vary, depending on the amount of the drug involved and other factors. Following is an example of possible sentences in Illinois for drug possession, according to FindLaw, as listed in Illinois Statutes Section 570/402.


Heroin Possession

This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:

  • 15g-99g: 4-15 years in prison
  • 100g-399g: 6-30 years in prison
  • 400g-899g: 8-40 years in prison
  • 900g or Higher: 10-50 years in prison.

Cocaine Possession

This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:

  • 15g-99g: 4-15 years in prison
  • 100g-399g: 6-30 years in prison
  • 400g-899g: 8-40 years in prison
  • 900g or Higher: 10-50 years in prison.

Morphine Possession

This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:

  • 15g-99g: 4-15 years in prison
  • 100g-399g: 6-30 years in prison
  • 400g-899g: 6-40 years in prison
  • 900g or Higher: 10-50 years in prison.

Peyote Possession

200g or more is a Class 1 Felony punishable by 4 to 15 years in prison and up to $25,000 in fines.


Barbituric Acid/Salts Possession

200g or more is a Class 1 Felony punishable by 4 to 15 years in prison and up to $25,000 in fines.


Amphetamine Possession

200g or more is a Class 1 Felony punishable by 4 to 15 years in prison and up to $25,000 in fines.

 


LSD Possession

This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows:

  • 15g-99g: 4-15 years in prison
  • 100g-399g: 6-30 years in prison
  • 400g-899g: 8-40 years in prison
  • 900g or Higher: 10-50 years in prison.

Pentazocine, Methaqualone, Phencyclidine and Ketamine

Possession of 30g or more is a Class 1 Felony punishable by 4 to 15 years in prison and up to $25,000 in fines.


Other Substances Not Listed in Statute

Possession of any amount is a Class 4 Felony punishable by 1 to 3 years in prison and up to $25,000 in fines.


Anabolic Steroids

Possession of any amount is a Class C Misdemeanor punishable by up to 30 days in prison and up to $1,500 in fines.


Call a DuPage County Drug Possession Lawyerat Wolfe & Stec

There’s no need to go it alone if you have been charged with drug possession. Contact the highly experienced and professional attorneys at Wolfe & Stec at (630) 305-0222 for an initial free consultation about your situation. We are relentless in pursuing our clients’ rights and defending them in drug possession cases.

Recent Defense Results

After the police broke into our client’s house, we successfully suppressed the evidence and the case was subsequently dismissed.

Drugs, “Class X” Felony, Intent to Distribute

We have tried many aggravated battery and domestic batter cases. Our most recent success was our client was charged with attacking and stabbing the victim in their home. After conducting extensive discovery, interviewing witnesses, and reviewing all the factors contained in the case, we were able to get the cause dismissed.

Aggravated Domestic Battery

We handle numerous first and repeat DUIs and have excellent success in acquittals or reductions of charges with minimum impact for our clients. As members of the NACDL, we have numerous expert witnesses available to rebut the vast resources of the prosecution and receive favorable rulings.

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3321 Hobson Road, Suite B
Woodridge, IL 60517
Phone: 630-305-0222

105 West Madison Street, Suite 1900
Chicago, IL 60602
Phone: 312-388-7882

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