Illinois has imposed some of the most severe penalties in the United States for drug crimes. Accordingly, all drug crimes cases should be handled with great caution and expertise. The state imposes particularly costly fines and lengthy prison sentences with express interest in removing offenders from society. Carefully read the information below about possession of drug paraphernalia charges. Then contact one of our skilled drug lawyers to ensure you have an aggressive defense for your case.
Many Will County residents are surprised to find that possession of drug paraphernalia, even apart from possession of illegal substances, is against the law on both state and federal levels. Under United States Code Title 21 § 863, it is unlawful to sell, transport, import, or export paraphernalia. In Illinois, under the 720 ILCS 600/ Drug Paraphernalia Control Act, you could face up to one year in jail and/or between $750 and $2500 in fines for possession of illegal drug paraphernalia. The definition for illicit paraphernalia under Illinois law is broad, including “equipment, products, and materials of any kind” for the production, distribution, testing, or use of any controlled substance. Examples include, but are not limited to:
In addition, drug paraphernalia has been defined under other legislative acts, including the Community Protection Act, the Cannabis Control Act, and the Methamphetamine Control. As such, any object or item that can be used for the following activities can be considered illegal:
The extremely wide and flexible definition of drug paraphernalia could easily be used against you in court. Additionally, as a Class A Misdemeanor, possession of drug paraphernalia charges can be more severe than minor possession of the controlled substance itself. Moreover, drug paraphernalia charges often come in conjunction with other charges, so it is crucial that you equip yourself with knowledgeable, experienced legal counsel who handles drug cases in Will County.
If you have been arrested for a drug paraphernalia charge, especially in addition to other criminal charges, your future is in jeopardy. Depending on the circumstances of your arrest, especially the seizure of evidence, there may be reason to have your case dismissed outright. In other situations, your case can be tried as an ordinance violation, rather than a criminal charge. There are several common defense strategies available for those charged with possession of drug paraphernalia, and a knowledgeable attorney will understand all of the possible options available for your case.
Michael Schmiege runs a boutique firm of nationally recognized criminal defense lawyers for Will County, including the cities of Joliet, Bolingbrook, Plainfield, Romeoville, Lockport, and New Lenox. Give your future the best chance with our highly skilled defense strategies and understanding of prosecutor tactics. Aggressive, skilled legal counsel is always your best chance for a favorable outcome when your future is in jeopardy. Contact us immediately to ensure you have strong legal representation for drug charges in Will County.
"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"
"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."
"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."