Lombard Drug Crimes Defense Lawyer

Attorney Assisting Clients Arrested for Drug Possession and Trafficking in DuPage County

In Illinois, drug crimes cover a broad range of offenses involving controlled substances, from possession and sale to manufacture and distribution. Depending on the particular circumstances of a case, these offenses can result in a broad range of consequences, including probation, prison, property forfeiture, and participation in a court-ordered drug treatment program.

Though more severe charges typically result in harsher penalties, even less serious charges, such as possession of a small amount of a controlled substance, may have severe consequences.

Consequences of Drug Possession in Illinois

While possession of less than 10 ounces of marijuana is a civil offense in Illinois, possession of more than 10 ounces is a criminal charge that carries a maximum penalty of up to one year in jail and up to a $2,500 fine.

If you are caught with larger amounts of marijuana, cocaine, crack cocaine, methamphetamines, heroin, or another controlled substance, you will likely be facing charges for intent to sell (even if it was only for personal use). Possession with intent to deliver is often presumed based upon the weight of the illegal drug or the number of plants in possession of the defendant.

If you have been arrested and charged with a misdemeanor or felony drug crime, talk to an experienced Illinois drug crimes defense lawyer as soon as possible. Call Kathryn L. Harry & Associates, P.C. at 630-472-9700. We have successfully defended people who have been charged with misdemeanors and felonies, including Class X felony drug trafficking charges. Often times, the case is dismissed at the preliminary hearing stage for lack of probable cause. In other cases, we have successfully negotiated a sentence that is eligible for expungement.

Minimizing the Damage of a Drug Conviction

Our first step will be to look for any violation of your constitutional rights before and during your arrest. Share every detail you remember with us as your criminal defense lawyer; every detail counts in drug possession and delivery cases. We will work to suppress any evidence that was obtained without probable cause in violation of your constitutional rights.

• Why did the officer stop you? Were the drugs or narcotics found because of some other issue?
• The Illinois Constitution protects you from unreasonable searches and seizures. What were the circumstances of the police searching your home or car?
• Did the police search your person or pockets or purse incident to an arrest and find drugs?
• When, where, and how did the arrest occur? Were there any witnesses to the arrest and seizure?

The second step is to file the proper motion like a motion to suppress the evidence, a motion to dismiss, or a motion to quash the arrest. These kinds of motions are heard in court by the judge. Remember, it is the prosecution's duty to prove you guilty beyond a reasonable doubt, not your duty to prove your innocence. The prosecution will have a hard time proving your guilt if we are successful in suppressing the evidence found against you.

The next step, if necessary, is to go to trial. A bench trial is a trial by the judge. The judge would hear all of the evidence against you and make a decision as to whether the state's attorney has presented sufficient evidence to find you guilty beyond a reasonable doubt. In a jury trial, a group of your peers chosen by your defense lawyer and the prosecuting attorney decides your guilt or innocence.

Call an Oak Brook Criminal Defense Lawyer

If you are found guilty or convicted of a drug crime after a bench trial or jury trial, we are well versed in the possible sentencing options and will work to convince the judge that you qualify for probation rather than a criminal conviction. After you fulfill the terms of your probation, we may be able to expunge the arrest from your record. Call an experienced DuPage County drug crime defense attorney at 630-472-9700 for a free initial consultation. At Kathryn L. Harry & Associates, P.C., we represent clients in Elmhurst, Downers Grove, Wheaton, Burr Ridge, Hinsdale, Willowbrook, Clarendon Hills, and DuPage County.