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Do you need a drug paraphernalia criminal defense attorney?

On Behalf of | Feb 13, 2014 | Criminal Defense |

Fenbert & Associates represents men, women and juveniles charged drug offenses. We are experienced and aggressive attorneys, ready to challenge the stop, frisk and/or search the defendant’s person, vehicle or home by the police. Any and all drug charges can negatively impact a person’s career, reputation and liberty. One of the most common drug offenses charged by Chicago Police, Suburban Police Departments and the Illinois State Police is Possession of drug paraphernalia in violation of 720 ILCS 600/3.5.

Possession of drug paraphernalia is a crime. 720 ILCS 600/3.5 provides, “A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, is guilty of a Class A misdemeanor for which the court shall impose a minimum fine of $750 in addition to any other penalty prescribed for a Class A misdemeanor. This subsection (a) does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.”

To read more, check out: Drug Paraphernalia Act

There are a lot of ways for criminal defense attorney to fight this charge. Primarily, the prosecution has to prove that the alleged drug paraphernalia is considered drug paraphernalia pursuant to 720 ILCS 600/2(d). Second, the prosecution has to prove possession. There are a lot of factors that need to be addressed related to “possession.” Did the defendant have knowledge that the drug paraphernalia was inside his vehicle, residence, or clothing? If the drug paraphernalia was found as a result of a search of the defendant’s vehicle or residence, was there a valid warrant? Did the officer’s have probable cause to search the vehicle? If there is a Confidential Informant (CI), is the CI reliable? Finally, the prosecution has to prove “intent.”

Fenbert & Associates represents men, women and juveniles charged marijuana or drug offenses. If you would like a free consultation call Richard at 630-917-2051. He will discuss the strengths and weaknesses of your case, the possible penalties, and your desired outcome.