Bensenville Drug Crime Lawyers

Attorneys for Drug Possession or Distribution Charges in Bensenville, IL

Drug charges can arise in a variety of situations. During a routine traffic stop, a police officer may uncover drugs and arrest the driver and any passengers. Officers may perform searches in other locations, such as people's homes, when they believe that drugs are present, and these situations can lead to serious criminal charges. The penalties for drug crimes can be serious, and a criminal case could threaten a person's freedom, finances, and future.

Drug charges may be based on small details, such as the weight of a substance or where it was found. Cases often hinge on how evidence was gathered in the first place. Police officers are required to follow specific procedures when performing searches, and missteps during that process can affect whether evidence will be allowed in court. At Ramsell & Kunowski, L.L.C., our attorneys can review every detail of a case to determine whether the prosecution can prove that a person committed a drug crime beyond a reasonable doubt. We can provide representation for people who have been charged with these offenses while working to protect their rights during every stage of the process.

Attorney Spotlight

Attorney Spotlight

Donald Ramsell

Attorney Profile

Donald Ramsell is a highly experienced criminal defense attorney who has represented clients in more than 500 bench trials and 100 jury trials. He is the author of leading publications on DUI defense in Illinois, and he has defended more than 10,000 DUI cases. He has handled numerous appeals in Illinois, and he also argued a case before the United States Supreme Court.

• National College of DUI Defense, Sustaining Member
• Top 100 Trial Lawyer Award, National Trial Lawyers
• Super Lawyers
• Elite Lawyer
• Leading Lawyers

Why Police Officers May Perform Searches and Find Drugs

Many drug cases begin with searches that uncover controlled substances. Officers may search a person or their property for several reasons, including:

• Traffic Stops: A minor traffic violation, such as speeding or a broken taillight, may lead an officer to pull a driver over. During a traffic stop, an officer may claim that they saw drugs or drug paraphernalia in the vehicle, or they may suspect that a driver has been using drugs based on their behavior. They may perform a search if they have probable cause to believe that drugs are in the vehicle.
• Consent Searches: An officer may ask permission to search a person's car, bag, or home. People may agree to allow these searches without realizing that they have the right to decline.
• Search Warrants: A judge may issue a warrant based on information from an informant, surveillance conducted by police officers, or other information uncovered during an investigation. A search warrant will allow officers to search a specific location, and they may seize any evidence that they believe is related to drugs.
• Search Incident to Arrest: When a person is arrested for an offense such as DUI, officers will usually be allowed to search the person and/or their vehicle, looking for evidence of any other offenses, including drug crimes.
• K-9 Alerts: A trained drug-detection dog may be used to determine whether drugs may be present in a vehicle or on a person's body. During a traffic stop, an officer may ask a K-9 unit to come and perform an evaluation. If a dog indicates that drugs may be in the vehicle, this will typically provide probable cause to perform a search.

When a search turns up a substance that police officers believe to be illegal, they may arrest the person and charge them with drug possession. The severity of this charge will usually depend on what types of drugs were found and how much a person allegedly possessed. Small amounts of certain substances, such as cocaine or heroin, may lead to felony charges, and more serious charges will apply if a person allegedly possessed larger amounts.

Increased Charges Based on Suspicions of Drug Distribution

When police officers suspect that a person did not only possess drugs for personal use, but that they intended to sell or distribute the substances, drug charges can become more serious. The alleged intent to distribute drugs can lead to charges that carry harsher penalties. Prosecutors do not necessarily need to prove that a sale took place. Instead, they may point to certain factors to argue that a person intended to sell or distribute drugs, such as:

• The Quantity of the Substances Found: If a person allegedly possessed drugs in amounts that are well beyond what they would be expected to use on their own, this may be seen as an indication that they intended to distribute the drugs.
• Equipment Associated With Distribution: If a search found items that may be used to distribute drugs, such as scales or small baggies, this may serve as evidence of intent to distribute drugs.
• Cash: If a person possessed a large amount of money, this may be used to argue that they had been profiting from selling drugs.
• Communications: During investigations, police officers may obtain a person's text messages, call records, or other communications indicating that they had made arrangements to sell drugs.

When Drug Manufacturing Charges May Apply

A person may be charged with drug manufacturing based on accusations that they were involved in producing, processing, or preparing controlled substances. These charges may involve activities such as growing certain types of plants, using lab equipment to produce methamphetamine or similar drugs, combining multiple substances, pressing substances into pills, or dividing drugs into individual containers for the purpose of sales or distribution. In general, drug manufacturing charges carry the same penalties as drug distribution, and they will depend on the types and amounts of drugs that were allegedly manufactured.

Defense Strategies in Drug Crime Cases

At Ramsell & Kunowski, L.L.C., our lawyers will carefully evaluate the specific charges a client is facing, the evidence involved in their case, and other factors to determine the best approach to take when defending against drug charges. Some strategies that we have found to be successful in the past include:

Challenging Unlawful Searches and Seizures

The Fourth Amendment protects people in the United States against unreasonable searches. When police officers search a person, vehicle, or residence without a valid warrant or another legal justification, any evidence they obtain may be excluded from a criminal case. Our attorneys can take steps to suppress evidence obtained through unlawful searches. This may result in a dismissal of charges due to a lack of evidence available to the prosecution.

Questioning the Identification of Substances

Our lawyers can look at how the substances involved in a criminal case were identified, handled, and stored. We can determine whether laboratories followed the proper scientific procedures when testing substances. We can identify chain-of-custody problems, arguing that gaps in documentation have made it impossible to know whether the substances tested were the substances found during a search. By taking steps to challenge the evidence in a case, we can help defend against criminal convictions.

Other Approaches

Depending on the circumstances, our attorneys may be able to show that our client had no knowledge of drugs that were found during a search. We may argue that there is insufficient evidence connecting a person to a substance. We can also help clients understand whether they may be eligible for probation or other alternative sentencing programs that will help them avoid convictions for drug charges.

Contact Our Bensenville, Illinois Drug Crimes Attorneys

With an experienced attorney on your side during each step of a criminal case, you can determine the best options for defense. At Ramsell & Kunowski, L.L.C., we can help you build a successful defense strategy with a focus on preventing a conviction and making sure you can put drug charges behind you. Contact our Bensenville drug crimes defense lawyers at 847-465-8743 to set up your free consultation.