Can ‘It Isn’t Mine’ Be an Effective Defense Strategy When Facing Possession of Marijuana Charges?

Facing a possession of marijuana charge in Illinois can be overwhelming and intimidating, given the serious nature of the offense and the negative consequences of a conviction. One of the most common questions people facing this charge ask is whether or not claiming that marijuana was not yours is an effective defense strategy. While this may be an option, it is important to understand the potential legal implications involved before making any decisions.

If you are facing possession of marijuana charges, speak with an attorney as soon as possible. Our Bloomington possession of cannabis attorney at The Prior Law Firm, P.C., can advise you on your defense options and ensure that you use the most effective defense strategy given the circumstances of your case.  

Understanding Possession Charges in Illinois

In order to determine if claiming that marijuana is not yours can be an effective defense strategy, it is critical to [...]

Written by on February 24, 2023

Does Marijuana Odor Give the Police Probable Cause to Search Your Vehicle?

Have you been pulled over and had your vehicle searched by the police on suspicion of marijuana? If so, you may be wondering if the odor of marijuana alone gives the police probable cause to search your vehicle. The answer is, “In most cases, it does not.”

However, let’s take a closer look at what constitutes probable cause and how it applies to searches of vehicles for marijuana. If you are facing DUI or possession of marijuana charges, contact our Bloomington criminal defense attorney at The Prior Law Firm, P.C. Our team will assess the circumstances of your arrest and determine if your constitutional rights were violated.

Fourth Amendment Rights

The Fourth Amendment of the United States Constitution protects citizens from unwarranted searches and seizures in their homes, businesses, and vehicles. The Fourth Amendment also requires that all warrantless searches must meet the standard of probable cause in [...]

Written by on February 3, 2023

Dissecting Illinois Laws Against and Penalties for Three Types of Arson

Arson is an Illinois crime that involves fire or explosives and property damage. In many cases, the perpetrator commits arson against another person’s property. But an individual can commit arson against their own property with intent to commit fraud. Either way, Illinois law requires a person to act knowingly for their behavior to qualify as arson. 

1. Residential Arson

720 ILCS 5/20-1 establishes the Illinois laws against residential arson. Under this section, it is unlawful to knowingly use fire or explosives to:

    Damage any real or personal property of another person without consent; or Damage any property with intent to defraud an insurer. 

There is an important limitation to arson under Section 20-1. In order to qualify as arson, the property damaged must have a value of at least $150. Using fire or explosives to damage property worth less than $150 does not rise to the level of arson under [...]

Written by on January 27, 2023

Illinois Woman Charged With Possession and Delivery Drug Crimes

Local authorities charged a woman from Normal, Illinois, with several felony drug crimes, including unlawful possession and delivery, according to an article by The Pantagraph. 

Official reports indicate that this 36-year-old Illinois woman allegedly committed the following:

    Three counts of unlawful possession of a controlled substance; and Four counts of unlawful possession of a controlled substance with intent to deliver.

At this juncture, the Illinois woman remains in police custody at the McLean County Jail. While this woman awaits further legal developments, it seems wise to examine the Illinois laws against and penalties for the possession and distribution of controlled substances.

Unlawful Possession of a Controlled Substance

The Illinois laws against the delivery of a controlled substance appear under 720 ILCS 570/402. This section makes it largely illegal to knowingly possess any controlled substance. 

From a higher-level standpoint, any person who violates Section 402 with respect to:

    Schedule
[...]

Written by on January 20, 2023