DuPage County Marijuana Possession Attorney

Getting arrested on a marijuana possession charge can damage your future, but it doesn’t have to. If you’re looking for a DuPage County marijuana possession attorney who can get your charges reduced or dismissed or can achieve a favorable plea bargain, then you need to talk to the attorneys at Wolfe & Stec, Ltd.

Why Choose Us?

Experienced, Effective Advocates

At Wolfe & Stec, Ltd, we never treat two cases as identical but instead craft effective, creative defenses for each client. When you become a client of ours, we defend you as vigorously as we would our own friends and family. Our goal is always to get the most optimal outcome for your case, be it a dismissal, a charge reduction, or an acquittal at trial.

The first step to take in learning about your legal options is to schedule a meeting with our experienced marijuana possession attorneys in DuPage County. Please contact us at 630-305-0222 to schedule a free initial consultation. We represent clients throughout DuPage County Illinois.

How Much Does It Cost to Hire a DuPage County Marijuana Possession Lawyer?

Depending on the amount and type of substance involved, drug charges may be either a misdemeanor or a felony. Most states and the federal government define misdemeanors as crimes punishable by a year or less in jail; felonies are all offenses with a maximum sentence of more than a year.

A marijuana possession attorney in DuPage County may charge a flat fee for a specific phase of the case (such as the preliminary/pretrial hearing and motions) or an hourly rate of $100-$300 or more. Either way, you must pay the attorney an advance fee known as a retainer, based on all or part of the flat fee or an estimated number of hours. If an attorney works on an hourly rate, as legal services are provided, the hourly fee is deducted from the retainer; when it’s gone, you will be billed for additional costs. Whether your lawyer is working on an hourly rate or a flat fee, retainers for marijuana possession attorneys in DuPage County generally start around $2,000-$5,000 for misdemeanors and $5,000-$15,000 for felonies.

For a more specific estimate of the cost of fighting your particular marijuana possession case, contact a drug possession attorney at Wolfe & Stec, Ltd. You can call us at 866-936-6104 to schedule a free initial consultation.

Fighting a Marijuana Possession Charge

If you must fight a marijuana possession case on the merits, one way this is done is by challenging the means by which the evidence was obtained. First, you will attempt to show that the reason the officer stopped you was unjustified (i.e., that the officer lacked probable cause). Even if the stop was legal, the subsequent search that led to the discovery of the drugs may not have been if the officer lacked probable cause to search or a valid search warrant.

This is usually where the case will have the most weaknesses. Often, officers “ask” to search in a manner that implies no choice. Allowing an officer to search you or your home or vehicle will allow whatever he finds to come into evidence against you. So, if there is any way to say no to the search without being arrested for obstruction or resisting arrest, you should do so. It is your constitutional right. If the officer still searches without a warrant or probable cause after you have told him no, the evidence is inadmissible.

Many cases also suffer from weaknesses in establishing “constructive possession.” This is when something is deemed to be in your possession because of the circumstances, even though it may not actually be yours. For example, if you borrow a friend’s car to get some groceries and, upon being pulled over for speeding, the officer comes up with a reason to search and discovers a small amount of marijuana in the center console, there could be a question of possession. Are those drugs yours or do they belong to the owner of the car? This creates a cloud on proof of possession beyond a reasonable doubt that a savvy defendant can exploit to his advantage.

Another weakness is in the proof that a substance is actually a drug. After all, if you are in possession of a bottle of spices for your culinary class, and not marijuana, this is a pretty significant mistake. For that reason, it is important to challenge any lab reports verifying the evidence is a controlled substance. Objecting to the identification of the substance will not only leave that matter at issue for trial, requiring the prosecutor to prove it beyond a reasonable doubt (again, creating additional headaches for the overworked prosecutor), it also will create additional time and expense.

To prove that the substance is actually a controlled substance, the prosecutor will normally call the lab tech to testify at trial, which can be very expensive. Moreover, criminal trial dates are constantly changed, creating a potential administrative nightmare to schedule and reschedule the lab tech’s days off to show up in court, particularly if the lab tech had to testify in virtually every drug possession case on the court’s docket.

Sentences and Penalties for Marijuana Possession in Illinois

Now that marijuana possession is legal in Illinois, many who once would have faced criminal penalties for possession no longer do. However, there are possession limits that come with significant criminal penalties when violated:

• 0-30 Grams: No penalty
• 30-100 Grams: Misdemeanor with up to one year in jail
• 30-100 Grams (Subsequent Offense): Felony with 1 to 3 years in prison
• 101-500 Grams: Felony with 1 to 3 years in prison
• 500-2000 Grams: Felony with 2 to 5 years in prison
• 2000-5000 Grams: Felony with 3 to 7 years in prison
• 5001+ Grams: Felony with 4 to 15 years in prison.

Regarding legal possession, non-Illinois residents may possess up to 15 grams of marijuana. Residents, however, may have up to 30.

Frequently Asked Questions

If you have questions relating to marijuana possession in Illinois, read on for answers and call us for more information.

Is there a reliable roadside test for marijuana while driving?

Currently, there is no reliable, accepted roadside test that can accurately determine a driver’s blood THC levels. Instead, law enforcement must have a trained professional perform a more invasive test at a facility. In order to remove a driver from the road and take them to a facility for testing, the officer must have probable cause to believe that the driver is under the influence of marijuana.

What is the statute of limitations for marijuana possession?

The statute of limitations for marijuana possession as a misdemeanor is 18 months. When charged as a felony, the statute of limitations is three years.

What are some collateral consequences of a marijuana possession conviction?

Collateral consequences of a marijuana possession conviction may potentially include:

• Employment difficulties
• Difficulty procuring housing
• Loss of civil rights for felony convictions.

Loss of professional licensure is also a potential repercussion of having a marijuana conviction.

Can I have a marijuana charge sealed or expunged?

Yes. Under Illinois marijuana laws, you may have a minor cannabis charge automatically expunged if you were charged with possession or dealing 30 grams or less before June 25, 2019.

Keep in mind that this expungement is executed by law enforcement and affects only their records. Court records of marijuana charges and convictions still stand after the police expunge their records. To expunge the court records of a marijuana crime, you must file a Motion to Vacate and Expunge. You may also have other cannabis possession charges expunged, but this doesn’t happen automatically.

Wolfe & Stec, Ltd is here to answer any question you might have relating to marijuana possession. Please call to speak with a DuPage County marijuana possession attorney today.

Hire an Experienced Marijuana Possession Attorney in DuPage County Now

Get Started on Your Defense

Contact Wolfe & Stec, Ltd in DuPage County and Cook County in Illinois if you need to hire an aggressive and efficient marijuana possession attorney. Our firm has a track record of successfully defending clients in marijuana possession cases and other criminal cases.