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Arlington heights drug crime lawyerA drug charge may interfere with gainful employment and landlords can frown upon a conviction when they run a background check. A conviction for drug crimes in Illinois can also have serious criminal consequences, including jail time. But what if you were riding in a car with your buddies and the drugs were in the trunk? If you are facing charges for drug possession, drug manufacturing or distribution, or another drug crime, make sure to contact a criminal defense lawyer as soon as possible. 

Elements and Defense

If you are arrested for drug possession do not resist arrest and stay calm. Also, remember that anything you say can be used against you. So be polite and decline to answer questions until your lawyer is present.

The penalties depend on the type of substance and the amount. Under Illinois law, a person must know or have a reason to know if they are in possession of a controlled substance.  Charges depend on your type of knowledge. So for you to be charged the prosecution must prove the following three things beyond a reasonable doubt:

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IL defense lawyerDrug crimes - even simple possession - are very serious in Illinois. If you were caught with drugs other than cannabis, you are most likely looking at a felony charge. Even if you have never been in trouble with the law before, you could be convicted of a felony and sent to prison for drug possession. Most individuals who are caught with small amounts of illicit substances for personal use are not big-time dealers or traffickers - they are average people. Illinois courts recognize that people make mistakes and that not everyone caught with drugs is a serious or routine offender. To help prevent small-time occasional drug users from becoming felons, Illinois does have a type of diversion program. Our lawyers can tell you more about how this program can help you avoid a conviction.

Section 410 Probation for Certain Drug Crimes

First-time drug offenders may be eligible for Section 410 probation. First, you must plead guilty to the drug possession - however, the court will not enter a guilty verdict at this time. Instead, you will be ordered to complete Section 410 probation. If you fulfill all the requirements of Section 410 probation, then the charge will be dismissed entirely and your record will be clean.

To be eligible for Section 410 probation, you will need to complete a substance abuse evaluation. People who are found to have serious substance abuse problems are not eligible for this program. The drug testing requirements are very strict, and addicts are unlikely to successfully complete the program. If you do not have an addiction, you are likely to be accepted to the program.

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Arlington Heights Criminal Defense LawyerDrug crimes vary more than any other type of criminal offense In terms of jail sentences and other criminal penalties. The amount of jail time a person faces for a drug-related crime depends on the type of drug, the amount of the substance, and whether the person was accused of manufacturing or selling the drug as opposed to merely possessing the drug. Most people accused of a drug offense are overwhelmed and confused. They are unsure of what their rights are and what penalties they may face.

Manufacturing methamphetamine or “meth” is a felony offense in Illinois.

If you or a loved one were accused of operating a “meth lab” or otherwise manufacturing methamphetamine, the first step is to seek personalized advice from a criminal defense lawyer. Your attorney can answer all of your questions and provide legal guidance specific to your situation.

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b2ap3_thumbnail_shutterstock_2090617144.jpgIn an effort to allow police officers more time and resources to combat violent crimes, the state of Illinois legalized the use of marijuana on January 1, 2020. The state saw it as beneficial to allocate the money and public space used to enforce marijuana laws to rehabilitation and substance abuse and treatment centers. Although recreational marijuana is legal in Illinois, there are still regulations throughout the state to ensure that Illinois citizens are safe. Breaking any of the outlined rules for legalized marijuana, including illegally distributing marijuana, may still result in legal consequences. 

Can I Sell Marijuana?

Can you sell marijuana in Illinois? The short answer is no. Illinois citizens without a state-issued license may not distribute marijuana to others. In order to sell marijuana, Illinois requires an entity (usually a business) to obtain a license and open a dispensary. The application fee to open a dispensary costs $30,000. There is also another $100,000 charge to the state for the cannabis business development fund. If you are a citizen in Illinois without a license to grow and distribute marijuana, you can be charged with a misdemeanor or felony for illegally distributing marijuana.

Marijuana Regulations 

Marijuana regulations are easy to follow if you can remember two key rules about legal cannabis in Illinois: (1) you must have a license to grow or distribute marijuana, and (2) you can only possess 30 grams or less at a time. Failure to follow Illinois marijuana laws may result in a person being charged with a drug crime:

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b2ap3_thumbnail_shutterstock_1074069125.jpgWhen faced with drug trafficking charges, the arresting officers will inform you that you have the right to remain silent. Many people will take law enforcement up on this offer. It is often in your best interests to avoid speaking to law enforcement without your lawyer present. The right to an attorney is another one of the Miranda rights. Upon speaking with a criminal defense lawyer, you will become familiar with the process of building a defense for drug trafficking charges.

If you are awaiting a consultation with a lawyer, you may be wondering what you can expect. The following information will provide you with insight into how the process of building a defense for drug trafficking charges in Illinois unfolds. 

What is Drug Trafficking in Illinois? 

In Illinois, drug trafficking is defined as the intentional act of transporting controlled substances across state borders. Having a substantial amount of a controlled substance on your person may result in a drug trafficking charge, as may the alleged intent to supply someone else with the substances.

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