DuPage County Possession of Cocaine Defense Attorneys
Challenging Law Enforcement Tactics
When you are facing the prospect of an arrest for possession of crack or cocaine in powder form, the actions you take prior to and immediately following your arrest can have a profound impact on your future. If you fail to assert your constitutional rights, consent to a search and/or talk to law enforcement officers, you will reduce the chances of a dismissal or acquittal even if you retain the best possession of cocaine defense lawyer in DuPage County.
Asserting Your Constitutional Rights: The First Line of Defense
If you are stopped in your vehicle while in possession of cocaine, you should not answer questions about whether you are in possession of drugs or consent to a search. While you are required to provide your identification, vehicle registration and proof of insurance, you do not need to answer incriminating questions about possession of cocaine or other controlled substances. If the officer asks you questions about whether you have consumed drugs or you are in possession of a controlled substance like crack, you should indicate that you are not comfortable answering questions without talking to your attorney. It also is advisable to ask if you are free to leave. While these responses will not prevent an arrest for possession of cocaine, they will provide a foundation for an effective defense.
When you attempt to talk to Illinois law enforcement authorities or the DEA without a lawyer, you are at a distinct disadvantage because drug enforcement agents conduct interrogations on a daily basis. If you consent to a search of your vehicle, home, office or person, your permission can remedy an otherwise unlawful searchthat would constitute a violation of your 4th Amendment right against unreasonable search and seizure.
Why Retain Cocaine Possession Defense Lawyer Stephen A. Brundage?
When you retain Stephen A. Brundage, Attorney at Law, you obtain the advantage of a fusion of law enforcement and criminal defense experience. My 25 years defending thousands of individuals charged with serious criminal offenses is bolstered by my experience as a police officer, investigator and evidence technician. Law enforcement officers make mistakes and engage in unlawful tactics. My extensive experience on both sides of drug offenses has provided unique insight, so I can ferret out improper law enforcement procedures and uncovering the evidence to prove such violations.
Whether I challenge the sufficiency of a search warrant, misrepresentations in a warrant application, legally deficient warrant applications or the improper execution of a search, I often seek the exclusion of illegally obtained drugs, paraphernalia, money or other evidence. Based on the facts and circumstances in your case, our defense strategy may also include the following:
- Attacking the credibility of unreliable informants;
- Exposing entrapment by law enforcement agents conducting a drug sting;
- Challenging whether you had knowledge that you were in possession of the drugs;
- Seeking suppression of statements obtained involuntarily or in violation of Miranda;
- Arguing that you were not in constructive possession of the drugs; and
- Seeking diversion.
Penalties for Possession of Cocaine for Personal Use (720 ILCS 570/402)
While the penalty you face for possession of cocaine can be impacted by a range of factors that include your criminal history, quantity of the drug and the surrounding circumstances, you can face stiff penalties even if you possess a small quantity of cocaine for personal use.
If you are arrested for possession of less than 15 grams of cocaine, you face potential conviction for a Class 4 felony, which carries a sentence of 1 to 3 years in the Illinois state penitentiary and a fine of up to $25,000. If you were in possession of a firearm or you were near a school, park or movie theater, your potential incarceration could be twice as long. Further, possession of more than 15 grams will result in much more serious penalties.
Talk with a Wheaton Cocaine Possession Defense Attorney
If you have been arrested for possession of crack or powder cocaine in Wheaton, or throughout DuPage County, you should immediately assert your right to an attorney and avoid talking to the police. I invite you to schedule an initial consultation, so you can put my law enforcement and criminal defense experience on your side. Contact Stephen A. Brundage today, so I can start fighting for you tomorrow. Call (630) 260-9647.