Legal Question in Criminal Law in Illinois
Can police offers use discretion whether or not to arrest someone who, for example, is caught with a small amount (let's say under 30 grams) of marijuana?
2 Answers from Attorneys
Yes, technically possession of marijuana is a crime. In theory, for example, a police officer could arrest you for speeding as it is a crime. However, minor traffic violations provide for immediate bail. Your possession charge likely did not, unfortunately. [email protected]
Yes the police have discretion. But, do not fall for an officer's promise to drop everything if yo "cooperate". This is an old trick. If you are not charged, great! But if you are charged, hire an attorney. In the meantime, do not make any statements or answer any questions. Poltely stand upon your Constitutional right to remain silent!
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