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  1. #1

    Default First Time Possession of Cannabis in Illinois

    My question involves criminal law for the state of: Illinois

    I am 24 and in Early October I was pulled over for not using a turn signal early enough before a stop sign. Vehicle registration was expired, and DL was suspended (due to a previous no insurance ticket where I was never informed I needed SR22 insurance to keep my DL active)

    I was put in handcuffs for the suspended license and as i was being searched the cop asked if i had anything illegal on me, and because i was being frisked at the time I told him I had marijuana in my right sock (above the ankle, he wouldve found it regardless) and gained a possession of cannabis charge.

    long story short, the registration and suspended license charges were dropped as my record is clean and had them taken care of all before my court date, and during that court date the charges for possession hadnt been filed against me yet.

    i received notice by mail that a complaint had been filed and i need to appear in court Dec. 21 (happy holidays!) the complaint is listed as ' POSSESS CANNABIS< 2.5 GRAMS '

    I DID NOT have 2.5 or more grams! I had 1.7 grams, and that is a generous number. I was wondering if recorded weight can be questioned and if it is worth fighting.

    And also, im wondering about worst case scenarios here. I have already arranged a 2 week vacation in the bahamas (early feb. 2010) and am wondering if there is anyway this will be holding me back if i happened to get probation ?

    I had thoroughly considered a army career but getting a waiver will limit my jobs

    thanks for any and all advice in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: First Time Possession of Cannabis in Illinois

    Uh, sweetie, it says you were in possession of less than 2.5 grams. Which is what you say you were in possession of. What's there to fight?

    < = Less than. > = Greater than.

    You've been charged with a misdemeanor that carries a maximum penalty of 30 days in jail and a fine of $1500. First offenders are eligible for 24 months of probation, with a dismissal after probation is completed.

    I have already arranged a 2 week vacation in the bahamas (early feb. 2010) and am wondering if there is anyway this will be holding me back if i happened to get probation ?
    You'll have to discuss this with your PO. Expect, however, that your PO will tell you that you can't leave the state, let alone the country. If your PO says no, you CANNOT go.

    If you figure to just go anyway, understand that violating your probation would land you in jail and you'd no longer be eligible for dismissal.

  3. #3

    Default Re: First Time Possession of Cannabis in Illinois

    Wow, total brain fart on the greater than / less than symbols! Thanks for your response!

    I sure hope this wont ruin my trip.

  4. #4
    Join Date
    Sep 2009
    Posts
    337

    Default Re: First Time Possession of Cannabis in Illinois

    Since when does a no insurance ticket require an SR22?

  5. #5

    Default Re: First Time Possession of Cannabis in Illinois

    I really do not know! I never received a letter saying I was going to be suspended, nor was I told in court I needed SR22 (after showing proof of current insurance).

    However, when I called the secretary of state, they said it is in our 'Rules of the Road' book and is often not mentioned in court.

    Not sure if it applies to this, but I was put on court supervision for the no insurance ticket. That situation kind of sucked because I didnt find out I had a suspended license until I took a vacation in Florida and got turned down on renting a vehicle due a suspended DL. (Which turns out was suspended for just shy of a year).

    The SR22 has only raised my monthly bill about $3, so it's not too bad I guess.

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