Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney
CRIMINAL DEFENSE LAWYER FOR CANNABIS CHARGES IN ROCKFORD
Understanding Cannabis Charges in Illinois
Cannabis or marijuana is a somewhat controversial drug as, depending on what state you are in, it is completely legal to use for medical or even recreational purposes. At the moment in the state of Illinois it is not legal to use marijuana and as such if you are caught with any amount of marijuana you could be facing a wide range of consequences. If you or a loved one has been charged with a cannabis-related drug offense, it is imperative that you consult with an experienced Illinois criminal defense attorney near you. At the
Law Office of Brendan W. Caver we believe that everyone has a right for their side of the story to be heard, don't hesitate to reach out to our office to
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Cannabis Possession
The law on cannabis law is ever changing, as of right now it is illegal in Illinois to possess any amount of cannabis. Depending on the amount in possession you could be looking at a misdemeanor charge or a felony charge. In order to prove an individual guilty of the offense the State must be able to prove an accused knowingly possessed some amount of it. Penalty ranges are as follows for an individual who is found guilty or pleads guilty to possession of cannabis are as follows:
- 10 grams or less is a civil law violation and punishable by fine only, fines range from $100 to $200
- 10 to 30 grams is a Class B misdemeanor punishable by up to 6 months in jail, or up to 2 years of court supervision or probation
- 30 to 100 grams is a Class A misdemeanor punishable by up to a year in jail, or up to 2 years of court supervision or probation
- A second offense is a Class 4 felony, punishable by 1 to 3 years of prison or up to 30 months of probation
- 100 to 500 grams is a Class 4 felony, punishable by 1 to 3 years of prison or up to 30 months of probation
- A second offense is a Class 3 felony and punishable by 2 to 5 years of prison, or up to 30 months of probation
- 500 to 2000 grams is a Class 3 felony and punishable by 2 to 5 years of prison, or up to 30 months of probation
- 2000 to 5000 grams is a Class 2 felony and punishable by 3 to 7 years of prison or up to 4 years of probation
- 5000 or more grams is a Class 1 felony and punishable by 4 to 15 years of prison, and is not eligible for probation
There are many defense strategies to fighting a possession of cannabis case. The first hurdle the State of Illinois has to jump through is proving that an accused knowingly possessed cannabis. If the evidence is insufficient to form the belief that an accused knowingly possessed the it, the case may be thrown out or won at trial. The state must prove this critical part of their case in order to obtain a conviction. Other strategies in fighting a drug case are through the filing of a motion to suppress illegally obtained evidence or through a motion to suppress illegally obtained defendant statements. The police must follow certain procedures in obtaining and executing search warrants, just as they must follow certain procedures in obtaining statements from witnesses and defendants. If the police make a critical error in any or both of these areas, the court may rule in favor of the defense, which may in turn cause the State to have to toss the case.
In addition, if the amount of cannabis an accused was found with is in dispute, your attorney may be able to negotiate the charged offense down to a lesser offense, thereby bringing down the penalty ranges. Finally, if in a particular case the police used an informant to conduct their investigation, your attorney may be able to cast serious doubt upon that individual’s credibility before or during trial, leading to successful resolution of your case. By no means are these strategies the only ones that may be used in fighting a possession of cannabis case, an experienced criminal defense attorney near you can discuss the issues in your particular case and potential defense strategies more thoroughly.
Cannabis Manufacturing and Delivery
If an individual is charged with manufacturing or delivery of cannabis, the State must prove beyond a reasonable doubt that he or she knowingly manufactured or delivered cannabis. An individual can also be found guilty of this offense if he or she possessed cannabis with the intent to deliver or manufacture it. The penalty ranges for this offense range from minor to severe. It is wise to consult with an experienced criminal defense attorney in Illinois when charged with manufacturing or delivering cannabis.
The penalty ranges are broken down by the amount of cannabis found and are as follows:
- Not more than 2.5g is a Class B misdemeanor with a potential jail sentence of up to 6 months, or up to 2 years of court supervision or probation
- 2.5 to 10g is a Class A misdemeanor with a potential jail sentence of up to one year of jail, or 2 years of court supervision or probation
- 10 to 30g is a Class 4 felony with a potential prison sentence of 1 to 3 years, or up to 30 months of probation
- 30 to 500g is a Class 3 felony with a potential prison sentence of 2 to 5 years, or up to 30 months of probation
- 500 to 2000g is a Class 2 felony with a potential prison sentence of 3 to 7 years, or up to 4 years of probation
- 2000 to 5000g is a Class 1 felony with a mandatory prison sentence of 4 to 15 years, and probation is not an option
- 5000 or more grams is a Class X felony with a mandatory prison sentence of 6 to 30 years
There are many defense strategies to fighting a manufacturing or delivering of cannabis case. Similar to possession of cannabis, the State must prove that an accused knowingly manufactured cannabis, delivered it or intended to do so. If the evidence is insufficient to form the belief that an accused knowingly possessed the it, the case may be thrown out or won at trial. The state must prove this critical part of their case in order to obtain a conviction. Other strategies in fighting a manufacturing/delivery drug case are through the filing of a motion to suppress illegally obtained evidence or through a motion to suppress illegally obtained defendant statements. The police must follow certain procedures in obtaining and executing search warrants, just as they must follow certain procedures in obtaining statements from witnesses and defendants. If the police make a critical error in any or both of these areas, the court may rule in favor of the defense, which may in turn cause the State to have to toss the case.
In addition, if the amount of cannabis being manufactured or delivered is in dispute, your attorney may be able to negotiate the charged offense down to a lesser offense, thereby bringing down the penalty ranges. There are many other strategies that could be used in fighting this type of case as well, an experienced criminal defense attorney can discuss the issues in your particular case and potential defense strategies more thoroughly.
Don't Let A Drug Charge Ruin Your Life, We Can Help
If you live in your near Rockford, IL and you or a loved one is faced with a cannabis drug charge whether it be possession, manufacturing or delivery, it pays to at least discuss your case with an experienced criminal defense attorney. They will go over all the details of the case and determine the best course of action for you.
Contact attorney Brendan W. Caver for a free consultation at (815) 714-9508 or by email, to discuss your case today.
We can also assist with: cocaine charges, heroin charges, methamphetamine charges, and more.
Brendan Will Answer Your Questions
Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.
