Although 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.

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.

Security guards are not law enforcement officers and thus do not have the same authority that officers have to conduct searches and make arrests. However, they are employed to keep stadiums, shopping centers, and other private facilities safe and to prevent theft.

In order to perform their jobs, security guards are authorized to take certain law enforcement-like actions, such as restraining an individual who committed a criminal offense until law enforcement can arrive, and using weapons to protect potential victims from harm.

If you are restrained or questioned by a security guard, know your rights. Although they can use reasonable force to keep you under control, they cannot use excessive physical force. An experienced criminal defense lawyer can go over your rights with you and help you navigate future interactions with security guards, law enforcement, and the criminal justice system. 

Facing a criminal charge can be one of the most stressful situations you ever encounter. Additionally, if you are convicted, your stress level may only increase as you wait for your final sentence. Your lawyer can help you prepare for your sentencing, but it may be difficult to completely eliminate the stress that it carries. If you are sentenced to probation, it can initially feel like weight has been lifted off your shoulders. After all, being sentenced to probation means you will not go to jail, right? Yes, but only if you comply with all the terms of your probation. Violating your probation can mean spending time in jail. While you are on probation, be sure to comply with all of its terms.

The Court will Impose Requirements on You

Your probation term will come with requirements. You must comply with these requirements for the duration of your probation term.

Many are familiar with the terms “probation” and “parole,” but they cannot articulate the difference between the two unless they have experienced one or both. Probation and parole are both supervised alternatives to incarceration, but they are not the same thing. Nor are they really related to each other. If you are facing a criminal charge, your criminal defense lawyer can help you understand the differences between probation and parole as well as answer any questions you have about the criminal justice process and what you can expect from your case. 

Probation is an Alternative to Incarceration

With many criminal charges, individuals who are convicted face probation as a penalty. Upon finding a defendant guilty, the court may impose probation instead of sending him or her to jail. The court determines the length of the individual’s probation period based on the circumstances of the case and the duration permitted for his or her charge.