Tag Archives: drug charges

Illinois drug charges expungement attorney

It is no secret that cannabis laws are changing throughout the country, with some states legalizing the sale and use of marijuana, while others continue to incriminate those found in possession of the substance. At the end of May, Illinois joined many other states by legalizing marijuana. While the drug will soon be considered legal, there will be a variety of restrictions and regulations in place. The following are frequently asked questions and answers to act as a comprehensive guide for Illinois residents.

When and Where Can I Buy Marijuana?

Consumers will be able to purchase cannabis for recreational use starting on January 1, 2020. The legal recreational sale process will begin solely through medical marijuana dispensaries in January 2020 but will expand to new stores, processors, cultivators, and transporters in mid-2020 as the state grants additional licenses. Illinois will allow up to 295 stores to operate by 2022; however, county and municipal governments will be allowed to decide whether to allow such businesses to operate in their designated area.

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Illinois drug charges lawyer

When a child has been exposed to drugs or witnessed drug use by their parent or caregiver, the adults involved may be charged with child abuse or neglect. Child endangerment may also extend to infants who have been born with drugs in their systems. Child abuse or neglect can include any of the following scenarios:

  • Drugs are being manufactured with a child present or in a child’s home;
  • Drugs are being sold or given to a minor;
  • Minors are present during the sale or sharing of drugs between adults;
  • Caregivers are under the influence of drugs and cannot properly care for a child; and
  • Drug manufacturing ingredients are being used or stored with a child present.

Child Abuse and Neglect in Illinois

Drug-related child abuse involves an adult caregiver, whether it is a parent or other household member, or even a babysitter, using, selling, or manufacturing drugs in the child’s presence or where the child lives. This does not mean only inside of the home, but also in the garage, other outbuildings, or anywhere on the property. 

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drug charges, marijuana possession, Naperville criminal defense lawyer, marijuana possession charge, criminal offense chargesAlthough the possession of a small amount of cannabis has been decriminalized in Illinois, you can be charged with a criminal offense for allegedly possessing more than 10 grams of the substance. If you are facing a criminal charge for marijuana possession, you can fight the charge with an experienced criminal defense lawyer. Depending on your case’s circumstances, your defense strategy could hinge on one of the following factors.

You Possessed Less than 10 Grams

Possession of 10 grams of marijuana or less is a civil charge punishable by a fine of up to $200. Possession of more than 10 grams is a misdemeanor punishable by up to one year in jail and a fine of up to $2,500 — for your first offense. For any subsequent offense, possession of more than 10 grams of marijuana can land you in jail for up to six years and leave you on the hook for a $25,000 fine.

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marijuana-related charges, Naperville criminal defense lawyer,  drug charges, marijuana decriminalized, civil charge In 2016, Illinois Governor Bruce Rauner signed a bill into law that decriminalized the possession of small amounts of marijuana throughout the state. This does not mean marijuana is legal to possess in Illinois. Rather, it means that when an individual is found to possess a small amount of marijuana, he or she may face a civil charge, rather than a criminal charge. If you face any type of marijuana-related charge, you can fight it with an experienced criminal defense lawyer. Although you will not face jail time or other criminal penalties for a civil charge, fighting your civil charge can clear your name and potentially enable you to avoid professional and social repercussions.

It Does Not Mean Marijuana is Legal to Possess

You cannot legally possess marijuana in Illinois without being a registered medical marijuana patient. You also cannot legally consume marijuana in any form while in public, nor can you legally purchase marijuana if you are not a medical marijuana patient.

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diversion program, Naperville criminal defense lawyers, Illinois drug offenders, drug offense, drug chargesBeing charged with a drug-related offense does not automatically mean you are heading to prison. You have many options when you are in this position, especially if you are a first time offender. One of these options is pursuing a diversion program, such as 410 probation.

The court does not have to grant a defendant’s request to enter a diversion program in lieu of incarceration or other punishment. It considers numerous factors to determine whether a diversion program is appropriate for an individual, such as the individual’s criminal record, whether he or she struggles with addiction, the defendant’s mental health, and the specific circumstances of the offense.

410 Probation

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