Bloomington Marijuana Possession Attorney
Have you been arrested and charged with the possession of marijuana? If so, please call a Bloomington marijuana possession attorney from Pioletti Pioletti & Nichols.
Marijuana And Paraphernalia Defense Attorney
Despite decriminalization efforts in other states, possession of any quantity of marijuana in Illinois is a criminal offense. Pursuant to 720 ILCS 550/4, any person who knowingly possesses marijuana in any measurable amount is subject to criminal liability. The effects of a marijuana charge on your record can follow you for the rest of your life and impact your career.
Federal Vs. State Drug Charges
Both federal and state laws regulate controlled substances, including the manufacturing, possession, distribution, and sale or marijuana. All U.S. citizens must adhere to federal laws regardless of the state they are a resident of. If they fail to do so, they could be charged with under federal law and may be prosecuted by the U.S. Attorney in federal court. If you are found to be in possession of marijuana, you could also be charged by the state of Illinois – regardless of the residency of your state or nationality. Cases in the state will be prosecuted by the State Attorney’s office for the county in which the act was committed in.
At this time, Illinois has not passed any legislation regarding the legal use of marijuana. Possession anything less than 2.5 grams of marijuana will likely be charged as a Class C misdemeanor. As a Bloomington marijuana possession attorney might explain, this charge could carry penalties including:
- Fines and fees
- Jail time
- A Criminal record
In general, the more you have on you, the more severe penalties will become. The maximum penalty for possession of marijuana in Illinois is a Class 1 Felony which can carry a 20 year prison sentence and up to $25,000 in fines. Should there be any aggravating circumstances, such as driving while under the influence, assault, or possession with intent to distribute, growing, manufacturing, and so forth, the penalties can also be significantly greater. If you’ve been charged with a marijuana possession, talk with a Bloomington marijuana possession attorney about your rights and legal options.
Federal Grants and Student Aid
Apart from the penalties listed above, a collateral consequence of marijuana possession is that it can affect federal grants and student aid. If you are going to college and on federal aid, such as Pell Grants or Stafford Loans, the grant division has the right to pull that grant for at least one year if you are convicted. This could be devastating to your education and future.
Marijuana Possession Defenses
While the possession of marijuana or paraphernalia is a criminal offense in Illinois, every individual has rights that cannot be infringed upon in a marijuana possession arrest. The state has the burden of proof in showing that you knowingly possessed the marijuana. The police must also conduct their search within the bounds of the 4th Amendment of the US Constitution. A warrant is not always necessary, but the exception to the warrant requirement, what is called “exigent circumstances,” can be challenged if exigent circumstances did not exist. If an individual does not give consent to a search and exigent circumstances do not exist, the evidence can be suppressed.
Marijuana Defense Lawyer
A charge for possession of marijuana or paraphernalia can lead to jail time and a hefty fine. The long-term effects of such a charge could be even worse. With the help of a knowledgeable, confident attorney you can ensure that your rights are protected and achieve the best possible result in court. In some instances, the charges can be dismissed for drug treatment or educational programs. If the evidence is suppressed, your case will be thrown out and you will face no charge at all. At Pioletti Pioletti & Nichols, your initial consultation is free. We can personally discuss your situation and decide the best way to achieve the result you deserve.
Call a Bloomington Marijuana Possession Attorney for Help and Advice
Bloomington marijuana possession attorneys, Pioletti Pioletti & Nichols, has been fighting for men, women, and adolescents who have been charged with drug crimes of all sorts. We believe in our clients freedom and will do our best to protect your rights and interests. Sadly, the war on drugs began largely with the use of marijuana. Furthermore, it is not uncommon for marijuana users to receive harsh punishments – even though in some states its medicinal or recreational. Regardless of the ongoing debates about the benefits of marjuana, it is illegal under federal law and some state laws, including Illinois. If you are found guilty of possession, you may have a permanent criminal record and have to deal with a broad range of other consequences. If this is not something you are ready for, call a Bloomington marijuana possession attorney now.
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