Drug Law

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Even if you made a mistake, there are often ways to keep drug cases off your record.  These include court supervision for misdemeanor offenses, first offender probation and TASC probation for felony eligible offenses.  In addition, certain drug convictions can be expunged (removed from your record). 

 

Some of you may have already been down this road before. If the case cannot be beaten, you still can present mitigating circumstances and evidence to help reduce your sentence.

 

Marijuana

 

Marijuana (cannabis, pot) is not yet legal, despite movement in that direction.  Small amounts of marijuana for personal use typically are misdemeanor offenses. 

 

                        Possession of Less than 2.5 grams is a Class C Misdemeanor

                        Possession of 2.5 – 10 grams is a Class B Misdemeanor

                        Possession of 10 – 30  grams is a Class A Misdemeanor

                        Possession of more than 30 grams is a Felony

 

You can be charged with possession of cannabis even if it was not on your person.  The State can proceed under a theory of "constructive possession" which means that you had knowledge, access and control over cannabis.  This is a tougher case for the State to prove.

 

Many possession cases result from a search from the police officer.  Speak with an attorney to find out if the search was unconstitutional.  If so, then the evidence (and case) will be thrown out.

 

With a clean record, misdemeanor possession of cannabis usually will warrant court supervision which keeps it off your record and later can be expunged.

Possession of marijuana charges are often coupled with charges for possession of drug paraphernalia.  Often times a good attorney can get some of the charges dropped.

 

Drug Paraphenalia

 

Drug Paraphernalia includes, among other items, bongs, pipes, needles, one-hitters and other devices for ingestion of cannabis or other drugs.

 

Possession of Drug Paraphernalia is a Class A Misdemeanor.  Possession of Drug Paraphernalia does have a minimum fine of $750. However, often times this charge can be dismissed in exchange for a plea to possession of cannabis which has no minimum fine.  With a clean record, misdemeanor possession of cannabis usually will warrant court supervision which keeps it off your record and later can be expunged.

 

Many possession cases result from a search from the police officer.  Speak with an attorney to find out if the search was unconstitutional.  If so, then the evidence (and case) will be thrown out.

 

With a clean record, misdemeanor possession of cannabis usually will warrant court supervision which keeps it off your record and later can be expunged.

 

Drug Court

 

Drug Court was recently added to McLean County several years ago.  Not all counties have Drug Court.

 

Drug Court is intended as an alternative to prison for persons addicted to felony substances and caught in possession of these substances.  Drug Court is not available for individuals charged with delivery of controlled substances.  Nor is Drug Court appropriate for first offenders.  Drug Court is reserved for persons who have prior felony drug cases and a history of drug abuse. 

 

Drug Court is designed to help people conquer their addictions as an alternative to simply throwing these persons in prison.  Drug Court involves intensive probation and court oversight.  Drug Court requires treatment and abstinence.  Routine drug tests are given. 

 

In order to receive Drug Court, the State's Attorney must agree to it.  If you are charged with possession of a controlled substance, contact the Cannell Law Firm to see if you are an appropriate candidate for Drug Court.

 

Cocaine / Heroin / Ecstasy / Shrums

 

Possession of any of these drugs or other controlled substances is a felony.  The sale or delivery of any controlled substance is an elevated felony.  Many delivery charges can be enhanced to non-probationable offenses, e.g. delivery within 1,000 feet of a school.  A lawyer may still assist a client where the State has filed in a Class X Felony where probation is not allowed under the law.  Even if the case sticks, there can be a reduction in the charges which may permit probation.  A Defendant should try to get Boot Camp where probation is not appropriate and prison is unavoidable.  Contact our office for a free consultation to address any questions you may have.

 

Prescription Medications

 

Many prescription medications, like Xanax, are "Controlled Substances".  Unlawful possession of any medication that is a controlled substance is a felony.  Many people have become unwittingly additcted to prescription medications that were originally obtained through a valid prescription.  Once addicted, some have resorted to illegally obtaining a prescription through fraudulent means or forgery.  Others have taken prescription medications from friends or family.   Regardless of your circumstances it is best to obtain a good lawyer.  These types of cases are all felonies, but are viewed by the courts differently than the traditionally illegal drugs.