The criminal defense attorneys at the Law Offices of Davis & LaScola frequently represent clients charged with Possession of Cannabis and other Controlled Substances.

The most common cannabis possession charges are misdemeanors. This is because, in Illinois, one must possess 30 grams or more of cannabis for the State to bring felony charges. There is a circumstance where one may possess less than 30 grams of cannabis and be charged with a felony – this is when one possesses between 10-30 grams of cannabis, and previously committed the same offense. As a misdemeanor, cannabis possession is much more serious offense if the accused has a serious criminal history. Assuming there is not a significant criminal background, often a deferred prosecution or court supervision can be achieved by an experienced criminal lawyer. In other instances, the police violate the Fourth Amendment rights of the accused in order to locate and seize the cannabis. If this occurs, defense counsel can often challenge the arrest at a pre-trial motion hearing and prevent the State from being able to introduce the cannabis into evidence at trial. Normally, if the attorney defeats the arrest by winning this pre-trial motion, the State is forced to dismiss the charges against their client.

Possession of any amount of controlled substances such as cocaine, heroin, methamphetamine, ecstasy, or prescription medications not prescribed to the accused, are charged as felony offenses. The larger the amount of the substance possessed, the greater the class of felony charged. These are very serious offenses and require the assistance of a criminal defense attorney. For first-time offenders who are not accused of committing a non-probationable drug offense, a defense attorney be able to secure a recommendation for a drug education program in lieu of prosecution. After successful completion of such a program, the State will dismiss the charges. In other instances, we are able to achieve a type of felony probation that can be expunged upon its successful completion. This is also a favorable disposition, but requires a great deal of diligence on the part of the client to make sure his/her probation is not violated in any way.

If you have been charged with possession in Illinois, feel free contact us to discuss your case.