The best option to overcome a simple possession charge is to win the case in court and get a verdict of not guilty or dismissal if the case goes to trial. In this case, you will need to prove that you were not the party at fault. If you were unaware of medications, you may be able to avoid serious penalties. If they don't have a court order, they must have probable cause to believe that you are committing a crime or that you have drugs in your possession.
Prosecutors are confident that defendants will agree to agreements in these cases to reduce charges in order to avoid or minimize lengthy prison sentences. If there is evidence of police misconduct and a violation of your rights, your lawyer can request that the charges be dismissed. A motion to set aside collected evidence could lead to the suppression of evidence and the dismissal of the case, or at least a reduction in charges. In addition to trying to get drug possession or criminal charges dropped, you can also make a deal to reduce your charges significantly.
At a minimum, your lawyer will work through the system so that you see a positive result in your charges. Freidberg understands how important it is to do everything possible to avoid a conviction on these charges and draws on nearly two decades of experience defending his clients. A person who is in possession of drugs with the intention of distributing them will face the same penalties as someone who actually delivered the drugs under Illinois law. However, there needs to be a reason for the police officer to conduct a search or the charges could be dropped.
Charges will also increase for repeat offenders and if there are other factors involved, including the sale of drugs on school property. On the one hand, you will have to be apprehended in some way and let law enforcement know that you are in illegal possession of illegal or controlled substances. Medical marijuana is legal in Illinois, but possession and distribution of recreational cannabis remains illegal. In addition, there are circumstances in which a person can face much more severe charges, especially if the defendant was in possession of a firearm at the time of drug possession or was arrested in the vicinity of a school, public park, church, or movie theater.
Not all criminal law firms will be able to prove one of the above and lead to a drug charge case being withdrawn or dismissed.