Potential Defenses to Illinois Drug Charges

 Posted on September 09,2023 in Drug Crimes

Drug charges are some of the most severe charges someone in Illinois can face. While many different defenses exist, using a defense that works well for your specific case is imperative. To find the best defense for your case, you will want to talk to an experienced Rolling Meadows, IL drug crimes attorney who is well-versed in state drug laws and your local court system. The most common defenses to Illinois drug charges include the following.

Unintentional Possession

To be convicted of possessing a controlled substance, you must knowingly have the substance in your possession. In some cases, there is the potential that someone was not aware that they had drugs in their possession. For example, maybe they were given a package or envelope without knowledge of its contents. Tell your attorney if this happened in your case. They can determine if this should become a part of your defense.

Lack of Knowledge

Suppose drugs are found on your property, such as in your vehicle or place of residence. In that case, law enforcement assumes that the drugs belong to you as the property owner. Even still, this does not guarantee that anything found on your property belongs to you or that you were even aware of their presence, especially if others have access to your property. 

So, for example, if you have guests, roommates, or even tenants, it is possible to have no idea about the drugs they may be keeping. This is a solid defense but will require evidence and in-depth knowledge of Illinois law.

Entrapment

Entrapment is the idea that someone would not have committed a crime on their own if it were not for the influence or coercion of law enforcement. Sometimes, individuals can become involved in a drug crime after facing pressure from undercover police to do something they would not have typically done on their own. If this is how or why you committed a drug crime, you need a skilled attorney to help establish this in court. 

Drug Addiction

If you are struggling with drug addiction, and it is the reason underlying your drug crime, then the court might be sympathetic to you. Do not be afraid to make it a part of your defense. Unfortunately, drug addicts have a disease. Because of that, they may not always have control over what they do. 

The good news is that you can request help from the courts for your drug addiction. For example, agreeing to something like voluntary treatment can positively impact the outcome of your case. Your attorney can further assess this possible defense and let you know what options might be available.

Framing for Possession

Being framed for a crime is not just something that happens on television and in the movies. It happens to real-life people, possibly more often than one would think. So, it is possible someone else might have framed you for possessing drugs, especially if they are trying to avoid prosecution themselves. If this happens to you, your attorney will know how to use the evidence in your favor to prove that they have the wrong suspect.

Contact An Experienced Rolling Meadows, IL Drug Crimes Attorney Today for Help With Your Charges 

If you are facing charges or suspect you will soon face charges for drugs in Illinois, you do not have time to waste. You need an Arlington Heights criminal defense attorney on your side who can help determine the best defenses for your charges as soon as possible. Contact Scott F. Anderson, Attorney at Law online or at 847-253-3400 today to schedule a free consultation to discuss your situation.