What if I Did Not Know I Was in Possession of Drugs?

 Posted on February 13, 2025 in Drug Crimes

Simply having an illegal substance in your possession is not enough to sustain a conviction for drug possession or any other drug crime. According to Illinois law, it is only a crime to "knowingly possess a controlled substance." This means that if you were unaware there was an illegal drug in your car, house, or the pocket of the hoodie you were returning to a friend, you should not be convicted of a crime. However, criminal courts are often reluctant to believe a defendant who denies any knowledge of the drugs found in his or her possession - many people make this claim. Your Joliet, IL drug crimes attorney will need to offer evidence to substantiate your defense. It is all too easy for an innocent person to be convicted of drug possession based on assumptions rather than evidence.

What Is an Unwitting Agent? 

An unwitting agent is a person who has been tricked or lied to and used to carry out a crime without having any criminal intent. In drug cases, an unwitting agent is usually someone who is used to move or conceal drugs without his knowledge.

For example, say a former neighbor you were friendly with tells you that a package for him was inadvertently delivered to your apartment building. He asks you to grab the package and hold onto it for a few days until he can come pick it up. Thinking that you are just helping someone protect his online shopping from being stolen, you take the package into your house. Then, the police arrive. It turns out your old neighbor was receiving shipments of LSD, and you currently have a box of it in your apartment.

Although you were physically in possession of the drugs, you did not intend to be, and you did not know what the box contained. You would not be guilty of a crime, as you have been used as an unwitting agent.

Misplaced Prescription Medications and Drug Charges 

Another way people might inadvertently come into possession of drugs is when others around them misplace or drop prescription pills. Although the "these are not my pants" defense is often mocked, the truth is that people do share items like hoodies or suitcases among friends. If a friend who is prescribed a controlled substance forgets that she had a few pills in her jacket pocket and you borrow her jacket, you are now unknowingly in possession of a controlled substance.

Contact a Joliet, IL Drug Possession Lawyer 

Law Offices of Jack L. Zaremba, P.C. is committed to helping people avoid senseless convictions for drug crimes after inadvertently coming into possession of narcotics. Skilled Will County, IL drug possession attorney Jack Zaremba will fight for you. Contact us at 815-740-4025 for a complimentary consultation.