At the moment, Illinois has strict laws regarding marijuana possession. There are signs that our marijuana laws might change soon, but for the time being Illinois is one of the toughest states in enforcing Marijuana. People charged with possession might feel like they don't have any way around the charges, but there are two common ways to attack a possession charge: challenge the search, and challenge the possession.
First, you can try to challenge the search. The constitutions of both the United States and the State of Illinois protect us from unreasonable searches and seizures by the government; there is a process which police officers have to follow, and evidence found by an unreasonable search might be thrown out by the court.
Second, you can try to challenge whether you were actually in possession of the marijuana. In the American legal system, every criminal defendant is considered innocent until proven guilty beyond reasonable doubt. In short: winning a case is based on showing reasonable doubt. Were there other people in the area who the marijuana could have belonged to? Is there proof that you knew it was there? There are always ways to show the court that reasonable doubt exists. Constructive possession is not that easy to prove for the State.
It can be discouraging to face drug charges; most people don't know enough about criminal law to determine whether a search was improper or to argue reasonable doubt. If you want to fight drug charges, you're going to need help. The attorneys at John W. Callahan Ltd. are experienced and specialize in drug charges; if you need help, there's no better place to call.