Illinois Drug Possession Attorneys
Drug Crimes Lawyers Serving St. Charles and Naperville
Possession of a controlled substance can lead to severe consequences in Illinois. If you have been charged with drug possession, it is important to contact an experienced drug crimes lawyer who can advise you on creating a comprehensive defense to attain the best result possible. At Donahue, Sowa & Magana, we have extensive experience in defending against possession of controlled substances in both State of Illinois and federal courts.
Under the law, a person can be convicted of drug possession if he or she has actual or constructive possession of a controlled substance. Actual possession means that someone has physical control of the controlled substance on your person, such as holding it in a hand or keeping it in a pocket. Constructive possession occurs when a person knows that the controlled substance exists, and has the capability and intent to maintain control over it.
Actual ownership of the substance is not an issue. If you knew that the substance existed and asserted control over it, you can be charged with possession even if you did not purchase it. This can cover a broad range of scenarios and is often based on circumstantial evidence. For example, if drugs are found in the glove compartment of a car in which you are a passenger, or found in a desk drawer of your apartment, you can be charged with constructive possession. An individual person may be charged with constructive possession, or a group of people may be charged.
One of the best defenses in many drug possession cases is to dispute possession. Simply put, the defendant maintains that he or she had no knowledge of the drug's existence. Perhaps the drugs are not yours. Could they belong to someone else who placed them without your knowledge? Did another person have access to the area in which the drugs were found? Did you have the actual ability to control the substance? All of these questions can give rise to reasonable doubt and make it difficult for the prosecution to prove its case.
The drug crimes attorneys at Donahue, Sowa & Magana will meticulously analyze the facts in your specific situation to prepare a vigorous defense against a charge of possession. If you have been charged with possession of a controlled substance in Cook County, Will County or Kane County, contact us today at 630-762-1780 for a consultation.