Legal Question in Criminal Law in Illinois

misdemenor charge for drug posession

pulled over for speeding, he was not driving -officer asked if anyone had anything on them, he gave her the marijuana that was in the car- it was btwn 10-30 grams. court date is july 29- this is his first offense he is 19 yrs old. does he need a lawyer to go to court with him? need advise as how to proceed.

thank you


Asked on 6/23/05, 6:43 am

6 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: misdemenor charge for drug posession

There is absolutely no doubt that a person charged with a drug crime needs to be represented by an attorney. Especially, a young person who stands to have the most to lose. It would definitely be a huge mistake for you to proceed without legal counsel. Any conviction will be on the defendant's record forever, and would in all likelihood cause problems with college apllications, financial aid applications, employment applications, loan applications and in countless other ways. Unfortunately, you (or actually the person charged since he is an adult)have already waited until very late in the day to consider hiring an attorney, but it is not too late. You should contact a criminal defense attorney in the area where the charges are pending as soon as possible and make an appointment to meet. The attorney may be willing to accept the case and ask for the court date to be continued in order to have time to fully investigate the facts and research the law as necessary. It is possible that the attorney will be able to sucessfully defend the charge, and if not, it is quite likely that the attorney will be able to negotiate a plea bargain which gives the defendant an opportunity to avoid the conviction.

I have handled many drug cases over the years, and quite a few of these have been in various counties throughout Illinois. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 6/23/05, 7:15 am
Michael Rosenblat Michael C. Rosenblat., P.C.

Re: misdemenor charge for drug posession

Possession of 10-30 grams is a class 4 felony. You going to need to hire an attorney.

Mike Rosenblat, 847-657-0006

www.Criminal-Defense1.com

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Answered on 6/23/05, 9:17 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: misdemenor charge for drug posession

Your friend is in jeapordy of receiving a conviction. You should not be pressured into hiring any particular lawyer. Yes, your friend needs a lawyer. Possession of 10 - 30 grams of cannabis is a class A misdomeanor for which he can be sentenced up to 1 year in jail, $2,500.00, in fines, or a combination of both. If he is charged with possession of cannabis with the intent to deliver, that is a class 4 felony, for which he can be sentenced from 1 to 3 years in prison. There are also alternative senteces for a first time offender.

Just because your friend was a passenger in the car does not make his arrest invalid. The officer asked if anyony has anything they shouldn't, and your friend produced the contraband. The key is "possession." You do not have to own something to possess it.

Don't be pressured that you need to hire a lawyer now. Nothing happens on the first court date anyway, unless your friend plans on pleading guilty. The lawyer won't even get the police reports until the first court date. You should hire a lawyer as soon as possible, though.

Also, don't fall into the trap of hiring a "cheap" lawyer to save money. All that lawyer will do for your friend is plead him guilty. He won't even read the police reports. He'll just take his money.

I have been practicing criminal defense primarily in Cook County for 27 years. If your friend values quality representation over saving money or getting pressured to hire a particular lawyer, please call me. I have a very busy practice, but I am able to take on a few new clients. have your feiend call for an appointment.

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Answered on 6/23/05, 10:43 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: misdemenor charge for drug posession

Your friend is in jeapordy of receiving a conviction. You should not be pressured into hiring any particular lawyer. Yes, your friend needs a lawyer. Possession of 10 - 30 grams of cannabis is a class A misdomeanor for which he can be sentenced up to 1 year in jail, $2,500.00, in fines, or a combination of both. If he is charged with possession of cannabis with the intent to deliver, that is a class 4 felony, for which he can be sentenced from 1 to 3 years in prison. There are also alternative senteces for a first time offender.

Just because your friend was a passenger in the car does not make his arrest invalid. The officer asked if anyony has anything they shouldn't, and your friend produced the contraband. The key is "possession." You do not have to own something to possess it.

Don't be pressured that you need to hire a lawyer now. Nothing happens on the first court date anyway, unless your friend plans on pleading guilty. The lawyer won't even get the police reports until the first court date. You should hire a lawyer as soon as possible, though.

Also, don't fall into the trap of hiring a "ch

Read more
Answered on 6/23/05, 10:44 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: misdemenor charge for drug posession

Your friend is in jeapordy of receiving a conviction. You should not be pressured into hiring any particular lawyer. Yes, your friend needs a lawyer. Possession of 10 - 30 grams of cannabis is a class A misdomeanor for which he can be sentenced up to 1 year in jail, $2,500.00, in fines, or a combination of both. If he is charged with possession of cannabis with the intent to deliver, that is a class 4 felony, for which he can be sentenced from 1 to 3 years in prison. There are also alternative senteces for a first time offender.

Just because your friend was a passenger in the car does not make his arrest invalid. The officer asked if anyony has anything they shouldn't, and your friend produced the contraband. The key is "possession." You do not have to own something to possess it.

Don't be pressured that you need to hire a lawyer now. Nothing happens on the first court date anyway, unless your friend plans on pleading guilty. The lawyer won't even get the police reports until the first court date. You should hire a lawyer as soon as possible, though.

Also, don't fall into the trap of hiring a "cheap" lawyer to save money. All that lawyer will do for your friend is plead him guilty. He won't even read the police reports. He'll just take his money.

I have been practicing criminal defense primarily in Cook County for 27 years. If your friend values quality representation over saving money or getting pressured to hire a particular lawyer, please call me. I have a very busy practice, but I am able to take on a few new clients. have your friend call for an appointment.

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Answered on 6/23/05, 10:44 am
Chris Gramm Chris Gramm, Attorney at Law

Re: misdemenor charge for drug posession

If this person has a clean criminal record, the prosecution should offer court supervision. If not, hire an attorney. Hire an attorney anyway to check the police report.

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Answered on 6/23/05, 11:22 am


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