Can I Be Arrested in Illinois If a Passenger in My Car Possesses Drugs?

Chicago Criminal Lawyers Helping You Avoid a Drug Possession Conviction

If the police stop your car and find drugs on a passenger or in the floorboards of your car, you can be arrested for drug possession. In order to convict you at trial, however, the state will need to prove beyond a reasonable doubt that you possessed the drugs or knew the drugs were in your vehicle.

An arrest on charges of drug possession, while serious, does not mean that you are automatically guilty. The most basic tenet of American criminal law indicates exactly the opposite: you are innocent until proven guilty in a court of law. Proving a drug possession requires prosecutors to demonstrate beyond a reasonable doubt that you:

• Actually and knowingly possessed an illegal substance by carrying it on your person, including in a backpack or handbag; or
• Constructively possessed a substance you knew to be illegal by knowing of its presence in your home, vehicle, or other property.

To obtain a guilty verdict, the state must clearly show that you knew that the substance was illegal or constructively possessed it. Failure by the state to prove its case will result in a finding of not guilty.

Chicago Drug Possession Defense Attorneys

There are many ways to defend against charges of drug possession and the experienced lawyers at Luisi Legal Group are equipped to determine which may be best suited for your unique circumstances. We will work to show that you were unaware that the drugs were in your vehicle or that you did not know what the substance was. If the evidence against you was obtained in an improper search, we will fight to get the evidence suppressed, which can often lead to a full dismissal of the charges. Our team has been helping clients win drug-related cases for more than 15 years, and we are ready to go to work for you.

If you are facing drug charges, contact our office today for a free consultation. Call 773-276-5541 to speak with an experienced criminal defense lawyer and get the responsible, cost-effective representation you deserve. We are proud to help individuals and families in Lincoln Park, Bucktown, Wicker Park, Logan Square, Humboldt Park, and the rest of Cook County.