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Marijuana possession remains illegal in Illinois even though national opinions about the drug are changing. Unfortunately, many people err by thinking that cannabis possession is “no big deal” due to shifting attitudes about the drug. Being arrested for weed can lead to jail time, imprisonment, fines, and a permanent criminal record. If you have been arrested for marijuana possession then it is crucial that you contact a lawyer immediately. Our Chicago criminal defense lawyer is able to assist you in such matters.
Michael is a former prosecutor for the State’s Attorney’s office and began his career by prosecuting drug and gang related offenses. During this time he gained an understanding of the tactics used by law enforcement during marijuana arrests. With more than thirty years of experience he has taken many cases to trial, is familiar with how to present a case to a jury, and strives to provide quality representation. Michael quickly returns phone, promptly responds to emails, and makes himself available to answer your questions. This is our promise to each of our clients.
Marijuana possession can result in misdemeanor or felony charges. Defendants will face a Class C misdemeanor for possessing 2.5 grams or less, a Class B misdemeanor for 2.5-10 grams, and a Class A misdemeanor for 10-30 grams. Possessing 30-500 grams of cannabis will result in Class 4 felony charges while 500-2,000 grams will be a Class 3 felony. Finally, one will face Class 2 felony charges for possession of 2,000-5,000 grams and Class 1 charges for any amount over 5,000 grams. Depending on the circumstances one may also find themselves facing drug trafficking charges.
Misdemeanor charges will be tried in Municipal Court while felony matters will be tried in the Circuit Court. In felony matters the defendant may assert their right to a speedy trial. If they do so then the case will be tried within 120 days if they are out of custody and 180 days if they are in custody. Such matters often hinge on whether the defendant’s Fourth Amendment rights were violated by an unreasonable search and seizure. If law enforcement violated these rights, and found marijuana as a result, then it may be possible to exclude the drugs from evidence. If exclusion is not an option then it can be argued, depending on the circumstances, that the defendant did not actually own or control the drugs. It is important that one hire an attorney when charged.
Michael J. Brennan is a Chicago criminal defense attorney assisting residents charged for marijuana possession. Michael will use your initial consultation to get your side of the story and hear what happened when you were stopped by the police. After acquiring police reports, witness statements, and other evidence, he will file the appropriate Motions to suppress evidence which was unlawfully seized by the police and will aggressively examine law enforcement at the evidentiary hearing. Should your case proceed to trial then he will present any available evidence to the jury showing that you were not in actual possession or control of the drugs. You are facing a serious situation and our marijuana possession lawyer will take it seriously. Contact us today if you were arrested for pot.