Orland Park Drug Possession Lawyer

Tinley Park Drug Charges Defense Attorney for Possession of a Controlled Substance

There are a variety of situations where people may face drug charges in Illinois. In many cases, these charges will be related to the possession of controlled substances. Understanding the types of drugs that could lead to possession charges and the potential penalties that may apply is important for anyone in these situations. At Issa Law, LLC, we can help defend against drug possession charges. We will review the circumstances of an arrest, the evidence that may be used in a case, and other factors to determine the best defense strategies. We work to ensure that our clients can resolve these matters successfully while minimizing the ways their lives may be affected.

What Is a "Controlled Substance"?

Illinois law prohibits the possession of controlled substances. The entire list of substances that are covered can be found at 720 ILCS 570. Some of the more common substances that are illegal to possess under this law, including medications that are illegal to possess without a valid prescription, are:

• Cocaine
• Rohypnol
• Codeine
• Heroin
• GHB
• Darvocet-N®
• LSD
• Ketamine
• Methadone
• PCP
• Methamphetamine
• Barbituric
• Norco®
• Morphine
• Opium
• Peyote
• Percocet
• Amphetamines
• Percodan Ritalin®
• Vicodin

The concept of "possession" is nebulous, and it may depend on the facts and circumstances of each case. Generally, when the substance is said to have been found on your person (in your pants pocket, shirt pocket, jacket pocket, etc.) you will be said to be in possession of the substance. Of course, even in that instance, the State must prove that you "knowingly" possessed the substance. As an example of how this law may apply, our firm was once retained to represent a client who was charged with possession of cocaine, which had been found in his jacket pocket when he was searched. As it turned out, however, and we were able to show this at trial, our client had been at a party and left while wearing someone else's jacket that looked very similar to his own. In that case, the client did not "knowingly" possess the cocaine.

The issue of "possession" can be argued when the substance is found in a vehicle, at a residence, or on any premises. There are dozens of factors that go into determining whether a person actually "possessed" a substance under the law. Some of the factors include whether the person had control over the area where the substance was found, whether they had sole control over that area, whether they were the owner of the vehicle or premises, and what other property was found near the substance.

It is important to perform in-depth and thorough evaluation and analysis to determine whether the search that led to the discovery of the substance was illegal or improper and also whether the detention or stopping of a person (whether on the street or in a vehicle) was illegal or improper. The Fourth Amendment to the Constitution of the United States states that all people should be free from unreasonable searches or seizures. Illinois has a similar law. If there is evidence that the search or stop was improper, we can request that the judge hold a court hearing to determine if the search or stop was valid. If the judge finds that the search or stop was invalid, they will not permit the prosecutor to use the evidence resulting from the improper search or stop at trial, and the case will most likely be dismissed.

For more than 10 years, we have represented people charged with possession of multiple types of controlled substances. From the minute we are hired, we work to do all we can to obtain the best possible results for our clients. We have been successful in getting charges dismissed because we successfully argued that a search warrant was improper or that a search by the police was unlawful or illegal. We have also had charges dismissed after demanding hearings and showing that our client's vehicle was unlawfully stopped and detained. Additionally, we have represented numerous people in trials before juries and before judges, resulting in clients being found "not guilty" after a trial.

The Sentence

Sentencing for possession of heroin, cocaine, or morphine:

Sentencing for possession of peyote, barbituric acid, and amphetamine:

Contact a DuPage County Controlled Substance Possession Attorney

If you are facing drug possession charges, contact us at 708-966-2408 to schedule a consultation and learn how we can help with your case.