Defending Drug Possession Cases in Illinois
Drug possession is a serious crime in Illinois, and those convicted of it can face significant penalties, including jail time, fines, and a criminal record. If you have been charged with drug possession, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and build a strong defense.
There are a number of different defenses that can be used in drug possession cases. Some of the most common defenses include:
- The drugs were not in my possession. This is a common defense, and it can be successful if the prosecution cannot prove that you had actual or constructive possession of the drugs. Actual possession means that you had the drugs on your person or in your immediate control. Constructive possession means that you had the ability to control the drugs, even if they were not on your person. For example, if you were driving a car and the police found drugs in the glove compartment, you could argue that you did not have constructive possession of the drugs because you did not know they were there.
- The drugs were prescribed to me by a doctor. If you have a valid prescription for the drugs that you were found in possession of, this defense can be very effective. The prosecution will have to prove that you did not have a valid prescription for the drugs, or that you were not in possession of the drugs for a legitimate medical purpose.
- The police violated my constitutional rights. If the police violated your constitutional rights during the arrest, any evidence that they obtained as a result of the violation may be inadmissible in court. This could include the drugs that were found in your possession.
If you have been charged with drug possession, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and build a strong defense.
Here are some additional tips for defending drug possession cases in Illinois:
- Be honest with your attorney. Your attorney needs to know all of the facts of your case in order to build a strong defense. If you are not honest with your attorney, it could hurt your case.
- Do not talk to the police without an attorney present. Anything you say to the police can and will be used against you in court. It is important to have an attorney present when you speak to the police, even if you think you are innocent.
- Gather evidence. If you have any evidence that could help your case, such as witnesses or video footage, be sure to gather it and provide it to your attorney.
- Be prepared for trial. If your case goes to trial, be prepared to testify on your own behalf. Your attorney will help you prepare for trial and answer any questions you may have.
Drug possession is a serious crime, but with the help of an experienced criminal defense attorney, you can build a strong defense and fight the charges against you.