Possession of Drug Paraphernalia
The defense attorneys at The Davis Law Group, P.C. frequently represent clients on the charge of Possession of Drug Paraphernalia in the Chicagoland area. Possession of Drug Paraphernalia is typically charged as a Class A misdemeanor in the State of Illinois. Under Illinois law, a sentence for misdemeanor Possession of Drug Paraphernalia carries with it a minimum mandatory fine of $750 and maximum fine of $2,500 (which does not include the associated court costs that will also attach to this fine).
However, those charged with possession of cannabis and paraphernalia may be charged with a civil infraction rather than a criminal offense, carrying a minimum $100 fine and maximum $200 fine (effective July 29, 2016).
Our attorneys thoroughly examine the evidence that we receive from the prosecution to determine whether or not your case should be taken to trial, or possibly challenged at a pre-trial motion hearing. In the event that the evidence is not favorable for our client, we are experienced negotiators and can often resolve cases favorably through plea negotiations.
Because this offense is usually drug-related and/or charged in combination with a possession of cannabis or any other type of drug, there are programs that may be available to the accused, which would result in the ultimate dismissal of the charge. Certain alleged offenders (if they have little or no criminal background) may be eligible to attend these program, and later return to court to show proof of attendance. As long as the accused has not been arrested before the scheduled return date, and has a certificate of completion from the drug school, we may return to court and achieve a dismissal of the charge for our client.
For other individuals, allegations of the Possession of Drug Paraphernalia may result in a sentence of Court Supervision. Court Supervision may be a favorable outcome under certain circumstances because it will not result in a public criminal record, and this sentence is also not a misdemeanor conviction as defined by the Illinois Code of Criminal Procedure.
For those that have a more significant criminal history, other sentencing options include misdemeanor convictions, such as Conditional Discharge, Probation, or a county jail sentence that can range anywhere from one (1) day to three-hundred sixty-four (364) days in custody.
In cases where the prosecutor makes an offer that is either not favorable or unacceptable to our client, our attorneys often engage in a conference with the Judge and the prosecutor. This is commonly referred to as a 402 Conference, and we regularly participate in these conferences if plea negotiations are unsuccessful. This is a way for our attorneys to inform the Court about positive aspects of our client’s lives, rather than having the Court focus on the charge itself. This often impacts the Court, and a more appropriate sentence will often be achieved through this method.
The attorneys at The Davis Law Group, P.C. have many years of experience handling Possession of Drug Paraphernalia charges, and are familiar with local courthouse procedures, the various Assistant State’s Attorneys, Judges, and local Clerks of the Court. Feel free to contact us if you require legal assistance for any drug-related or other criminal matter throughout Chicago and its surrounding areas including Cook County, Lake County and DuPage County.