Des Plaines Drug Offense Lawyer

Illinois Drug Charge Information

Illinois drug charges may include possession, possession with intent to deliver, delivery or manufacturing. The seriousness of a charge often depends on the type of substance, the amount involved, the alleged conduct and the person’s criminal history. Charges for possession and delivery are treated differently, and many charges for possession of controlled substances can be charged as a felony.

Many Illinois adults can legally use cannabis, but there are still major restrictions. Generally, Illinois residents age 21 and older can possess up to 30 grams of cannabis flower, plus limited amounts of cannabis concentrate or cannabis-infused products. You can still get in legal trouble if you have more than the legal amount, give away marijuana without a license, or are under 21 years old and have marijuana.

Building a Defense on the Evidence

Arrest is not a conviction. Drug cases often hinge on the location of the substance, who had access, whether police followed search procedures properly, and whether prosecutors can prove the accused knowingly possessed the substance. Evidence obtained from an illegal search can be challenged in court.

Prosecutors also may try to turn a possession case into an intent-to-deliver case by pointing to the quantity of the substance or other evidence found nearby. A lawyer can look at lab reports, police reports, witness statements, body camera videos, search warrants and the facts surrounding the arrest to identify weaknesses in the prosecution's case.

Why O’Flaherty Law in Des Plaines?

At O’Flaherty Law, we understand that a criminal charge is much more than a courtroom battle. A conviction can impact your employment, housing, education, professional licensing and relationships. Our legal team takes the time to get to know the details of your concerns and craft a plan that is based on the facts of your case.

Possible defenses include challenging the search, challenging the possession, challenging how the substance was tested or handled, moving to reduce the charges or seeking a qualifying probation or treatment-based option, depending on the circumstances. Some first-time defendants under Illinois law may be placed on probation without an immediate judgment of conviction, but eligibility is based on the charge and the person’s record.