Illinois Drug Paraphernalia Defense Attorney
DuPage County, IL Drug Charges Defense Lawyer Offers Affordable, Aggressive Help
Under Illinois law, drug paraphernalia includes pipes, bongs, cocaine vials, kits and other items used to consume drugs. A person can face criminal charges if they knowingly possess drug paraphernalia or sell it. The penalties are the same no matter which type of drug was used, regardless if the paraphernalia was used to smoke marijuana or to inject heroine. If you have been charged or arrested for unlawful possession of drug paraphernalia, you need an experienced drug defense attorney to help protect your rights. The attorneys at McPherson Harry & Associates, P.C. represent defendants charged with drug offenses in DuPage, Cook, Will, and Kane Counties, and throughout the Chicago area.
Drug Paraphernalia Misdemeanor vs. Felony Charges
A person who knowingly possesses an item of drug paraphernalia with the intent to use it for illegal drug consumption can be charged with a misdemeanor. However, felony charges may be applied in some situations. A person can be charged if illegal drug residue is found on such equipment or if the paraphernalia was in proximity to illegal drugs. Growing marijuana plants also can be classified as possessing drug paraphernalia. Fines can range from $750 to $2500 and/or up to a year in jail, if convicted. Important considerations in the classification of your drug charges are:
- Any person who sells, plans to sell or delivers drug paraphernalia for commercial purposes commits a Class 4 felony, for which a minimum fine of $1,000 for each such item is imposed.
- A Class 3 felony is charged for any person 18 years of age or older who sells or delivers drug paraphernalia to a person under age 18.
- A Class 2 felony is charged for selling or delivering drug paraphernalia to a woman that you know is pregnant.
- Any store, place, or premises where drug paraphernalia is sold, kept for sale, or delivered is declared to be a public nuisance.
Drug paraphernalia cases often hinge on whether the police had the legal authority to seize it. The experienced attorneys at McPherson Harry & Associates, P.C. will guide you through your legal defense options and work to improve your outcome. Our goal is to help you work out an agreement that could help you avoid prison time, seek to reduce the charges to a lower offense, or submit pretrial motions to have certain charges dismissed. Contact us to discuss your drug paraphernalia case in a free initial consultation. We have 3 convenient offices in the Chicago area, and cover a wide range of drug related criminal practice areas for clients in DuPage, Cook, Will, and Kane Counties.