Legal Question in Criminal Law in Illinois

fine for poss of marijuana/poss of drug parh

what usually happen to an 18 year old who has been arrested for poss of marjuina/poss of drug paraphnalia


Asked on 11/21/03, 7:31 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: fine for poss of marijuana/poss of drug parh

Each case is individual. What can happen depends on the amount he possessed and the facts of his case. You need a lawyer to evaluate the case. At any rate, if there were any errors, the case may be dismissed prior to trial. There are too many possibilities to give an answer to your question. Consult an attorney. 18 is considered an adult for purposes of criminal law.

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Answered on 11/22/03, 12:37 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: fine for poss of marijuana/poss of drug parh

The answer to your question depends upon many factors which are not included in your post. First, was the 18 year old charged with violation of municipal ordinances, or county ordinances, or state statutes? Recently, I had several 17 year olds charged with a federal offense for smoking pot on federal property. Next, does the 18 year old have any type of record, or history of problems with the law? Has the 18 year old ever attended a court ordered drug class or similar program? How much marijuana? Over 35 grams may result in the charge being a felony instead of a misdemeanor. If the 18 year old was fortunate enough to be charged by a municipality,has a clean record and it was a small amount of marijuana, then it is likely that he or she will be able to avoid having a conviction entered on the permanent record by way of a plea bargain. Of course, an attorney would interview the person and any witnesses, and obtain all of the information in the possession of the police in order to determine whether or not the charges might be successfully defended before negotiating any plea bargain. Everything considered, if I was that 18 year old, I would definitely hire an experienced attorney to represent me. The damage such convictions can do are very serious indeed, and there will only be one chance to avoid it. I have been handling such matters for over twenty-five years. If you would like a free telphone consultation, you may call me at 314-727-2822.

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Answered on 11/21/03, 11:49 pm


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