DuPage County Drug Possession Attorney

Drug possession charges are serious and can have a lasting impact on both you and those you love. If you have been charged with drug possession, you need the assistance of an exceptional DuPage County drug possession attorney — one with years of experience who can find ways to get your charges dismissed or reduced or to secure a favorable plea bargain.

It is important to understand that if you are convicted, these charges come with severe penalties and fines. You need to be proactive about your defense; don’t simply let the chips fall where they may. The result could be devastating.

Contact the drug possession lawyers at Wolfe & Stec, as soon as possible, at (630) 305-0222 for an initial free consultation about your case. Our team is ready to go work for you immediately.

How We Can Help You

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 . . . and we do. Below is a brief summary of what we can do to help you as you engage is this complicated and serious process. When you work with us, our drug defense lawyer will:

• Investigate the facts of your case, including reviewing police reports and interviewing witnesses
• Confirming your rights were not violated during your arrest
• Explain the charges and possible penalties to you
• Complete and submit any necessary paperwork
• Negotiate charges with the prosecutor
• Prepare you to testify
• Represent you in court
• File any necessary appeals.

Being charged with drug possession is concerning — you have good reason to be worried. But engaging the right drug defense attorney is the first step in preparing for tomorrow.

In fact, in some situations a skilled drug possession attorney in DuPage County can get evidence thrown out in cases of illegal search and seizure or because of mishandled evidence. Additionally, a drug possession attorney may be able to secure a favorable plea bargain or advance your case in front of a jury and judge.

Whether you’re struggling with an addiction, got caught in 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 — professional help can make a major difference. Call a Wolfe & Stec drug possession lawyer today at (630) 305-0222.

Wolf & Stec’s Drug Charge Lawyer Has Considerable Experience

We Will Defend You in all Kinds of Drug Cases

There are a number of drug crimes for which you can be charged in Illinois. These include:

• Possession
• Distribution
• Sales
• Trafficking
• Manufacturing.

Our team of professionals is well-versed in each and is experienced in building defenses around them all.

We Handle Drug Possession Cases Involving Many Substances

There are a host of drugs available in society today, and, depending upon the circumstances, possession of any of them may be illegal. At Wolf & Stec, our drug charge attorney knows the law relating to all types. We understand the legal nuances of each of the substances listed below and can defend you against your possession charge:

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

Don’t be mistaken — all drug charges are serious and can impact your life, in both the short and long term. You need professional representation to handle your case in the best possible way.

Fighting a Drug Possession Charge?

How can I fight a drug possession charge? This question is one of the most common raised by our clients. The answer is complex, as there are numerous ways. Below we have shared some of the most common according to FindLaw; we often leverage these strategies. The defense we take is unique to each case and is always tailored to the specific situation at hand.

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 crime 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 can leverage this. For example, he or she 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 a substance 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. Absence of these events can be used in your defense.

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. If this situation sounds familiar, the drug possession lawyer at Wolfe & Stec can help you.

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. If you have been entrapped, speaking with a drug possession lawyer immediately is critical as further investigation is needed.

Medical Marijuana Exception

The laws regarding marijuana and the feelings around this drug have changed considerably in recent years. While the medical use of marijuana is not a viable defense in federal court, it 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.

Facts Regarding Drug Possession Charges

Our clients have had a host of concerns regarding their drug possession charges. Below we have detailed some of the most common and provided information that can shed more light on the legal process and the impact these charges can have on your life.

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<>/h3

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.

Quick Action Helps Protect Your Future

Call a DuPage County Drug Possession Lawyer at Wolf & Stec Today

As an individual charged with drug possession, engaging experienced legal representation as quickly as possible is critical. The sooner your attorney can get involved, the more time they will have to review your situation and formulate your defense. There is no question that time is a valuable commodity that needs to be leveraged.

Managing drug possession charges is not something you should attempt on your own.

You need the assistance of a drug possession attorney who knows the law and the court processes and with whom you feel comfortable. At Wolf & Stec, our attorneys believe that all those accused of a crime are entitled to the highest quality defense. We never judge and always work tirelessly on behalf of our clients.

Our firm is committed to the well-being of our clients and, as such, is always relentless in pursuing our clients’ rights and defending them in drug possession cases. Contact our highly experienced and professional attorneys today at (630) 305-0222 to schedule an initial free consultation regarding your situation. We are ready to learn more about what happened to you and talk about how we believe we can best help you.