call us630-584-4800

Free Consultations

Kane County Drug Arrest Defense Lawyer

Attorney for Clients Facing Drug Possession Charges in St. Charles, Elgin and Aurora

While drug laws in some states are trending toward leniency for medical and even recreational users, Illinois still has stiff penalties for the possession, manufacture, and delivery of controlled substances, including marijuana. Those convicted for possession of even small amounts of controlled substances can end up spending time behind bars and paying hundreds of dollars in fines. With so much at stake, it is essential that you put together the strongest possible defense.

If you are facing drug possession charges, Goostree Law Group is here to help. Attorney Jeff Muntz handles our criminal defense cases, and he fights hard for the rights and interests of each client he serves. Jeff is a former DuPage County prosecutor, and he has an in-depth understanding of how the local counties prosecute drug crimes cases. Jeff works closely with his clients, taking the time to thoroughly assess their circumstances and identify any and all weaknesses in the case against them. This allows him to put together the most effective defense to mitigate the circumstances as much as possible.

We have helped many clients achieve positive case results when facing criminal charges. In one notable case in DeKalb County, misdemeanor drug paraphernalia charges against our client were dismissed due to lack of proof.

Illinois Drug Possession Laws

Drug possession is a serious offense with potentially harsh consequences if you are convicted. The penalties you will receive depend on several factors such as which type of drug you are in possession of, how much you are carrying, and other key facts in the case. Possessing marijuana is usually a misdemeanor, but it can become a felony if you are carrying larger amounts.

If you are carrying 30 grams of marijuana or less at the time of your arrest, the charges range from a Class C to a Class A misdemeanor punishable with fines of up to $1,500 and up to one year in jail. If you are carrying between 30 grams and 5,000 grams of marijuana or more, the charges range from a Class 4 to a Class 1 felony with fines of up to $25,000 and up to 15 years in state prison.

Possession of any amount of harder controlled substances such as heroin, cocaine, and LSD are felonies, which carry heavier fines and the possibility of a sentence in state prison. If you are caught with large amounts of these drugs, you may be facing drug trafficking charges as well, which will carry enhanced penalties.

Defending a Drug Possession Charge

For a prosecutor to secure a conviction for possession of a controlled substance, they must establish the following:

  • The identity of the substance that was found;
  • That the defendant was in actual or constructive possession of the drugs;
  • That the defendant was aware that he/she possessed the drugs.

Defense strategies will vary depending on the specific circumstances of the case. For example, if you are found to be in actual possession (i.e., the drugs are on your person), an illegal search and seizure or entrapment defense might work best. On the other hand, if you were in constructive possession (i.e., had knowledge and control but drugs were not on your person), you could defend the charge by denying knowledge and/or claiming that the drugs belonged to someone else who had access to the location where they were found.

Speak with a Skilled Aurora Drug Possession Lawyer

If you are facing a drug crimes charge, you cannot afford to be without a strong defense. Attorney Jeff Muntz can meet with you to discuss your case and go over your legal options. Jeff has handled countless drug possession cases from both the prosecution and defense side of the law, and he is able to explore all potential legal avenues to help ensure the most favorable outcome possible. For a personalized consultation with Attorney Jeff Muntz, call us today at 630-584-4800. From our St. Charles office, we assist clients throughout Kane County, Kendall County and DeKalb County, Illinois.

Back to Top