Defense to Illinois Drug Crimes Lawyer
Drug Charges Defense Attorney in DuPage County, Will County and Kane County
In Illinois, drug crimes cover a broad range of offenses involving controlled substances, from possession and sale to manufacture and distribution. Depending on the particular circumstances of a case, these offenses can result in a broad range consequences, including probation, prison, jail, property forfeiture and participation in a court-ordered drug treatment program.
Though more severe charges typically result in harsher penalties, even less serious charges, such as possession of a small amount of a controlled substance, may have severe consequences.
When it comes to illegal drugs, a small mistake can have big consequences.
Possession of a small amount of marijuana is a common criminal charge, carrying a $750 minimum fine in Illinois. Other charges, like possession of a pipe or other drug paraphernalia, are more serious and carry a maximum penalty of up to one year in jail and up to a $2,500 fine.
Get caught with a slightly larger amount of weed, cocaine, crack cocaine, methamphetamines, heroin, or another controlled substance and you'll be facing charges for intent to sell (even if it was only for personal use). Drug Trafficking is presumed based upon the weight of the illegal drug or the amount of plants in possession of the defendant.
If you've been arrested and charged with a misdemeanor or felony drug crime, talk to an experienced Illinois drug crimes defense lawyer as soon as possible. Contact the DuPage County law office of McPherson Harry & Associates, P.C., or call 630.472.9700. We have successfully defended people who have been charged with Misdemeanors and Felonies, including Class X Drug Trafficking charges. Often times, the case is dismissed at the preliminary hearing stage for lack of probable cause. In other cases, we have successfully negotiated a sentence that is eligible for expungement.
We know you have many questions, particularly if this is the first time you've faced criminal charges. We're here to answer your questions and to fight the charges against you. We have attorneys who have been former prosecutors, and long-time criminal defense lawyers. We know both sides of the law and are more creative because of it.
What an Illinois Drug Crimes Defense Lawyer Can Do for You
Our first step will be to look for any violation of your constitutional rights before and during your arrest. Share every detail you remember with us as your criminal defense lawyer: every detail counts in drug possession and delivery cases. We will work to suppress any evidence that was obtained without probable cause in violation of your constitutional rights.
- Why did the officer stop you? Were the drugs or narcotics found because of some other issue?
- The Illinois Constitution protects you from unreasonable searches and seizures. What were the circumstances of the police searching your home or car?
- Did the police search your person or pockets or purse incident to an arrest and find drugs?
- When, where, and how did the arrest occur? Were there any witnesses to the arrest and seizure?
The second step is to file the proper motion like a motion to suppress the evidence or a motion to dismiss or a motion to quash the arrest. These kinds of motions are heard in court by the judge. Remember it is the prosecution's duty to prove you guilty beyond a reasonable doubt...not your duty to prove your innocence. The prosecution will have a hard time proving your guilt if we are successful in suppressing the evidence found against you.
The next step, if necessary, is to go to trial. A bench trial is a trial by the judge. The judge would hear all of the evidence against you and make a decision as to whether the state's attorney has presented sufficient evidence to find you guilty beyond a reasonable doubt. A jury trial is where a group of your peers chosen by your drug crimes defense lawyer and the prosecuting attorney decides your guilt or innocence.
Minimizing the Damage of a Drug Conviction
If you are found guilty or convicted of a drug crime after a bench trial or jury trial, we are well versed in the possible sentencing options and will work to convince the judge that you qualify for a 710 probation rather than a criminal conviction. After you fulfill the terms of your 710 probation we may be able to expunge the arrest from your record.
For quality, affordable legal services, contact our criminal defense lawyers for a free consultation. We will protect your rights!
McPherson Harry & Associates, P.C.