DuPage County Possession of Marijuana Lawyers
Exposing Improper Police Procedure
If you are convicted of possession of marijuana in Wheaton or anywhere throughout Chicagoland, the conviction can have a significant impact on many aspects of your life. Although the trend in many states is toward decriminalizing cannabis by enacting laws that permit possession of small amounts of marijuana for medical or even recreational purposes, Illinois has not joined this national trend. A conviction for possession of marijuana can have serious penalties. Possession of even a small amount of marijuana is a crime under Illinois drug laws.
DuPage County possession of marijuana attorney Stephen A. Brundage is uniquely qualified to defend individuals charged with marijuana possession. As a criminal defense attorney, I have represented those accused of criminal offenses in thousands of cases that include many drug crimes. This experience combined with my prior background as a police officer, forensic technician and investigator means that I have an insider’s knowledge of law enforcement. I use this knowledge to provide a zealous defense of my clients’ rights, liberty and reputation.
DuPage County Possession of Marijuana Defense Strategies
While the appropriate defense strategy in a cannabis possession case will depend on the facts and circumstances, defenses that my law firm might successfully employ include:
- Suppression of Unlawfully Obtained Evidence: When law enforcement authorities conduct an unlawful search, a motion to suppress might result in a dismissal of charges or a not guilty verdict at trial. There are many ways that a search can be improper. Information in the warrant application might be inaccurate or fabricated, so the officers had no “probable cause” to justify the search. Sometimes officers claim an exception to the warrant requirement like “exigent circumstances” (e.g. emergency) though the exception is not justified. Police officers might even improperly conduct the search by looking in places not authorized by the warrant. When my clients are charged with possession of marijuana, I carefully scrutinize law enforcement records, witness testimony and other evidence to identify legal improprieties that constitute a violation of my client’s Fourth Amendment rights.
- Exposing Unreliable Witnesses: Law enforcement officers frequently rely on police informants with shady backgrounds who are provided with inducements to testify in drug cases. Effective cross-examination of these witnesses can reveal credibility issues that make the testimony of the witness unreliable.
- Exclusion of Confessions: While you should NEVER talk to the police when you are arrested for a marijuana-related criminal offense, many people panic and share damaging information. If the information was obtained by unlawful coercion or in violation of your Miranda rights, the incriminating statements might be subject to exclusion.
- Demonstrating a Lack of Possession: Even if the cannabis is discovered in your backpack, vehicle or general proximity, this does not mean that the marijuana belongs to you. Under such circumstances, an effective defense might be based on demonstrating that others had access to the location of the drugs and that you did not know the marijuana was present.
An individual may be charged with “simple possession” of cannabis for personal use under 720 ILCS 550.4 if he or she knowingly possesses any measurable quantity of marijuana. If you are in possession of less than 2.5 grams of pot, you will be charged with a Class C Misdemeanor, which carries a penalty of up to thirty days in jail and/or a maximum fine up to $1,500 for a first offense. Possession of 2.5 to 10 grams of cannabis constitutes a Class B misdemeanor that carries a sentence of up to 180 days in county jail and/or a maximum fine of $1,500.
Speak with a Wheaton Cannabis Possession Defense Attorney If you have been arrested for possession of cannabis and marijuana in Wheaton or elsewhere in DuPage County, you should immediately contact an attorney and avoid talking to the police. Schedule an initial consultation by calling (630) 260-9647. Put my law enforcement and criminal defense experience on your side. Contact Stephen A. Brundage today.