Our firm's drug crime lawyers, based in Chicago, Illinois, know how to dispute possession charges to win Illinois drug cases. Whether you have been charged for drugs or you are helping a loved one who has been arrested for a drug crime, you can talk to a Chicago drug crime lawyer right now by calling (312) 466-9466.
Not surprisingly, most drug cases involve the possession of illegal drugs.
Possession of drugs can be actual or constructive possession. Actual possession is where the drugs are on your person.
A person has constructive possession of drugs if he has control over the drugs and knowledge of them. For example, if drugs are in a person's car or in their home, and he knows they are there, then they are in constructive possession of the drugs.
Frequently, the best defense to constructive possession is establishing that the accused had no knowledge of the drugs.
For example, our criminal defense law firm achieved a not guilty verdict in a cocaine case by arguing that the defendant was not aware that 20 kilos of cocaine were in the truck he was driving.
Similarly, if drugs or other illegal items are found in a house or car, it can be an effective defense to show that other people had access to the house or car, possessed keys, etc. and that the drugs were not visible.
Actual possession can be more difficult to defend. If the police claim a defendant had drugs in his pocket, for example, that is actual possession.
It is pretty difficult to argue that a person had a dime bag of crack cocaine in his pocket but had no idea it was there. Instead, it is possible to fight an actual possession case or a constructive possession case where knowledge can be proven by objecting to illegal searches and seizures, an effective defense tactic for Illinois and Federal drug cases that is discussed elsewhere on this site.