Edwardsville, Illinois, Cannabis Trafficking Defense
Interstates 55/70 have always been a main corridor for trafficking of cannabis (commonly referred to as marijuana trafficking). Those who are stopped by the police for what is normally a traffic violation can find themselves in serious legal trouble should they possess more than 2500 grams of cannabis. From 6 to 30 years in prison is the possible sentence should one be convicted of trafficking. Probation is not an option for a sentencing judge in these cases.
Out of state driver's are targeted by not only the Illinois State Police but also Collinsville, Troy, and other municipal police departments bordering the interstates. Over the last few years the number of traffickers stopped has increased. K-9 units, better trained officers, and a host of electronic gadgets help the officers detect and investigate these offenses. The methods utilized by these officers oftentimes are conducted in violation of our clients' constitutional rights against unreasonable searches and seizures.
We have been successful at defending our clients. A thorough analysis of each case begins with collection of all discovery. After we have obtained every dash cam, police report, photograph, and other relevant piece of information we move forward with motions. The motions address the constitutionality of the stop and search. Oftentimes we win the entire case on a motion to suppress evidence.
If you are detained for cannabis trafficking the best advice I can give is to demand an attorney. Do not speak with the police. Protect your rights. Doing so will allow us to prepare a strong defense to the charges.
What Are You Waiting For?
If you need skilled legal help with a misdemeanor or felony DUI from a veteran team of trial attorneys, contact us by e-mail or call us at 618-505-4213 (877-632-3089 toll-free). A free initial consultation is available when and where you need it.
Recent Successes
September 2012 - Cannabis Trafficking - Madison County - My client was charged with possessing 50 lbs of marijuana after a traffic stop and search. He was from New York and had been stopped on a minor infraction coupled with suspicion based upon the out of state plates. We eventually obtained all the discovery in the case (the State withheld important discovery until we filed for sanctions). Then we filed a Motion to Suppress evidence. The State voluntarily dismissed the charges.
August 2012 - Cannabis Trafficking - Madison County - My client was stopped while driving on I-270. He had out of state plates and allegedly committed a minor traffic offense. We filed a motion to reduce his bond and same was successful. I anticipate an eventual dismissal of his charges due to the unconstitutional stop and search of his vehicle.
July 2012 - Cannabis Trafficking - I was able to obtain a substantial bond reduction for a Texas client of mine charged with trafficking. His bond was reduced by agreement to $10,000 cash from $250,000.
June 2012 - Madison County - Ms. Schaeffer was stopped by the Illinois State Police after allegedly committing a minor traffic offense. The officer radioed for a K9 to be sent to the scene. The K9 took over an hour to arrive. We filed a motion to suppress based upon an unconstitutionally prolonged detention. Her charges were fully dismissed.
June 2012 - Madison County - Mr. Chronister owns a home in Edwardsville. The police attempted a "knock & announce". This is a procedure they commonly use to attempt to gain consent to search a residence or other property. In this case he wasn't home when they arrived. Despite that, the officers took it upon themselves to look through trash bins in his driveway and enter into a privacy fence without a warrant. They discovered cannabis clones and a grow operation in his basement. Armed with the new information they obtained a search warrant. Over 70 plants were confiscated and the police filed not only felony charges but filed property forfeiture proceedings against his home. We have won the felony charges and most likely will win the forfeiture proceeding in the near future.
April 2012 - Madison County - Mr. Stevens was stopped by the Illinois State Police for a minor traffic violation. He alleges he was not committing the traffic violation as claimed by the police officer. We were able to convince the State to agree to reduce his charge from a mandatory 12-30 year sentence to a First Offender probation due to the shaky initial stop by the police. He will obtain a full dismissal of the charge upon completion of his probation term. He had 50 pounds of cannabis.
March 2012 - Two clients were stopped by the Illinois State Police for minor traffic violations while driving with out of state plates. Both stops were deficient. I was able to reduce their bonds substantially from $350,000 to $10,000 cash. I anticipate very good outcomes on both cases. They are charged with cannabis trafficking.
March 2012 - Mr. Mountain was stopped while driving a vehicle with out of state plates and allegedly having committed a minor traffic violation. We reviewed the stop videos and it was apparent that he didn't violate the law as the officer stated. Further, he was detained a very long time after the officer gave him the traffic citation so the K9 could appear and conduct a sniff search. We filed a motion to suppress evidence and the State agreed to First Offender probation for a period of 2 years. After he completes probation his case will be fully dismissed.
March 2012 - Madison County - Illinois State Police - Ms. Schaeffer was a passenger in a vehicle stopped for a minor traffic violation. We have reviewed all dash cam evidence and have concluded the detention of the car she was in exceeded the reasonable time period allowed by case precedent. I have filed a motion to suppress and anticipate a full dismissal by the State. She was arrested by the Illinois State Police for cannabis trafficking.
November 2011 - Madison County - Mr. Sanchez was a commercial driver who was bringing a load through Illinois on his way back down to Texas. He was stopped by an Illinois State Police Trooper who requested a download of his entire cargo. He agreed and a bale of cannabis was discovered inside one of the pallets. He was charged with a class X felony Cannabis Trafficking charge and was placed in jail until he could post $10,000 cash. We were able to obtain a full dismissal of his charges.
September 2011 - Madison County - My client was a Colorado resident traveling through Illinois who was stopped by the Illinois State Police for an alleged traffic violation. He was placed inside the squad car and detained well beyond the point where the officer could have issued him citations for the alleged traffic violation. The trooper detained him for an unconstitutionally long period of time. A search of his vehicle revealed a felony amount of Cannabis. We filed a motion to suppress all the evidence and against him. The State had no choice but to dismiss the case as they undoubtedly knew we would prevail in our motion. The felony charges were fully dismissed against him.
August 2011 - Madison County Production of Cannabis Sativa Plants and Unlawful Felony Possession of a Firearm - My client who was on felony probation had a Madison County Sheriff's Deputy enter his home without his permission where a search of his bedroom occurred. The search revealed many cannabis plants and a firearm. Both of course were illegal for him to possess. The State's initial offer was six years in prison. We filed a motion to suppress based upon the unlawful entry by the officer. Prior to the motion being heard the State moved to amend the charge to misdemeanor possession of cannabis. My client received court supervision and a fine. The charge will be dismissed per supervision.
August 2011 - Cannabis Trafficking - My client was stopped by Collinsville police and his car searched. The search revealed 50 pounds of cannabis. He was charged with a class x felony that would require he serve up to 30 years in prison had he been convicted. I was able to obtain a reduced charge and he was sentenced to two years probation.
August 2011 - Cannabis Possession with Intent to Deliver - My client was driving a car with his friend that was stopped by the Illinois State Police for an alleged traffic violation. We were able to obtain a dismissal for his friend of all charges. My client plead guilty to a reduced charge and was sentenced to First Offender Probation that will result in a dismissal of all charges upon successful completion of probation.
July 2011 - Our client was beaten and arrested then held for three days by the police for allegedly possession a very small amount of cannabis. He denied ever having possessed any amount of cannabis. We took statements from about a dozen witnesses who all stated the same thing - he did not have any cannabis and was wrongfully beaten by the officers. Despite being interrogated and held for 72 hours he was not charged until six months later. Then a misdemeanor charge was sent to him. We pushed the State's attorneys to either try or drop the case. They chose the latter. His charges were fully dismissed. He anticipates a malicious prosecution, battery and false imprisonment civil lawsuit against all officers involved."
Brian Polinske is the contributing author to this content.
