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Polinske & Associates, P.C.

How to best defend your marijuana possession case

It seems there have been a lot more marijuana cases filed in the last two years in Madison County, Illinois.  Mostly, motorists are stopped on I-55 or I-270 for some minor alleged violation (speeding, license plate obstruction, etc.) and a subsequent search occurs revealing marijuana.  The targeted defendants are those from out of state especially Colorado, California, Arizona, and Texas license plate bearing vehicles.  Whatever the reason for the stops and regardless if the stop was illegal those seem to be the person most likely arrested. 

The first step in defending marijuana cases is to get ALL the discovery that exists.  Full discovery is the best way to determine what grounds exist to suppress the evidence.  If the evidence is suppressed - you win!  Police radio logs, dash cam video, narrative reports, K-9 certificates, trainer certificates, training logs for both, user manuals for LIDAR or RADAR, are all available sources that must be exhausted.  Once all discovery is compiled, the second step is to begin motion practice.  Motions to suppress marijuana discovered in searches may include bad traffic stop (no reasonable grounds), bad searches due to unconstitutionally prolonged traffic stop detentions, nonconsensual searches (without probable cause), searches that exceed the consent granted, and mishandling of evidence.  After all motions are heard and ruled upon the next step is a jury trial.  Most cases are resolved prior to jury trial.  Oftentimes, even for mandatory time offenses, the charges are reduced to lower class offenses. 

If you have been arrested and charged with a marijuana offense in Edwardsville or anywhere other in Madison County please contact an experienced criminal defense attorney who concentrates in marijuana defense.  The most experienced attorney will put you in the best position possible to resolve your case.

Brian L. Polinske
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Edwardsville Criminal Defense Trial Lawyer

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