Chicago Drug Charges Law Firm
Experienced In Possession, Sale And Drug Trafficking Defense
With over 35 years of experience in high-stakes felony trials and appeals, we are well-prepared to defend you against:
- A full range of allegations ranging from narcotics possession to interstate trafficking in marijuana, cocaine or other controlled substances
- Charges arising from possession, sale or manufacture of other drugs, including heroin, methamphetamine and prescription drugs such as Vicodin or OxyContin
Applying a firm grasp of the law, effective defense strategies and rules of procedure and evidence, we are diligent in challenging factors such as:
- The legality of the search and seizure leading to your arrest
- Reliability and admissibility of evidence against you
- The work of chemists and others involved in analyzing evidence and providing testimony for the prosecution
- The state’s evidence of your intent to sell or deliver drugs found in your possession
The best strategy for you depends on the facts of your case, your criminal history and other factors. We will develop a strategy tailored to your situation and based on your priorities.
Strict Laws And Aggressive Enforcement Make Quality Representation Essential
In Illinois, more people go to state prison for drug possession than any other category or class of offense. The laws governing drug possession, intent to deliver, sale and manufacture are multilayered and complex. In recent decades, mandatory minimum sentences and extended maximums have been increased, and “thresholds” for amounts that bring lengthy prison sentences have been reduced.
Federal And State Drug Charges Are Different
Like other states, Illinois has unique drug laws that handle many low-level drug crimes such as possession and distribution within and across state borders. Penalties for drug crimes are enacted by each state’s unique laws.
Federal drug crimes typically focus on drug crimes involving large quantities of substances, higher schedules of illicit drugs (categorized under the Controlled Substances Act (CSA)) and global drug deals. A federal drug crime conviction can result in harsher penalties and longer prison terms than state convictions. State and federal drug crimes are both influenced by the type and quantity of the drugs found in your possession, the scale of an alleged operation and any prior criminal history you may have.
All Drug Trafficking Cases Are Serious
Though federal-level charges generally carry harsher penalties, you still must take a state-level charge seriously. State drug trafficking cases typically involve allegations that someone came into the state with marijuana or some other drugs in the car. These cases typically spring from traffic stops. In these cases, knowledge of search and seizure laws is critical. We will review the videotape of the stop, as most law enforcement vehicles are now equipped with dashboard cameras, to determine whether your constitutional rights were violated during the stop. If any errors were made by police officers, it could lead to your case being dismissed or evidence being thrown out, ultimately strengthening your case.
Our lawyers are similarly skilled at handling federal drug trafficking and drug conspiracy cases. Before these charges are filed, law enforcement typically conducts a thorough investigation using wiretaps, surveillance video and other techniques. We know the rules that law enforcement needs to follow during sting operations. We know how to challenge evidence that was obtained illegally. We know how to build strong cases and follow through, from negotiation to trial, in order to protect you from the serious repercussions of a drug trafficking conviction.
Possession With Intent To Distribute In Chicago
Whether you get charged with drug possession or possession with intent to distribute can come down to what the authorities believe you intended to do with the controlled substance allegedly in your possession. Police departments examine the evidence to decide if there was an intent to distribute or if you were just in possession of the substances for personal use. Because they are trying to prove what was in your mind at the time of your arrest, this can be subjective and requires interpretation of the evidence.
For instance, if they also found scales, plastic bags and other drug paraphernalia, they may believe this is evidence of drug distribution. In some situations, they consider the sheer amount of the illegal substance that was recovered and make a decision based on their idea of whether the amount would be just for personal use. Finally, officers may testify about their own beliefs if involved in the arrest.
The severity of the charges you face likely depends on the type of substance, the quantity, your criminal history and where the sale happened – such as if it was near a school.
Chicago Drug Charges FAQ
Questions about how drug charges work? We have put together an FAQ of some of the most common questions our clients have.
What are the criminal penalties for drug trafficking in Illinois?
Penalties for drug trafficking, or drug distribution, are particularly harsh. They are generally classified as felonies. Class 3 is on the low end, and Class X is on the high end. These charges can include lengthy imprisonment and heavy fines from $75,000 to $1,000,000.
How do you beat a possession charge in Illinois?
There are several possible defenses for a possession charge. Some of the most common are lack of knowledge, infancy (people under age 13), insanity, entrapment and duress. An experienced attorney can give you a more detailed explanation and help determine if any of these defenses will be successful in your case.
How long do you go to jail for drug possession in Illinois?
Jail and prison sentences vary based on the type of charge.
- Class 1 felony: Anywhere from four to 50 years in prison, depending on the quantity in possession
- Class 4 felony: One to three years in prison
- Class C misdemeanor: Maximum of 30 days in prison
- Class B misdemeanor: Maximum of six months in prison
What is the minimum sentence for drug trafficking?
The minimum sentence for drug distribution is two to five years of imprisonment. A conviction can result in four to 10 years in prison.
Is drug possession a felony in Illinois?
Drug possession can be charged as a felony in Illinois. Most are charged as Class 1 felonies. For example, heroin, cocaine and morphine possession in any amount is considered a Class 1 felony. The higher the amount in possession, the more severe the consequences. Even a Class 1 felony can result in up to 50 years in prison.
Are You Facing Serious Drug Charges? Call A Proven Drug Charges Attorney.
Our lead attorney, Stephen L. Richards, has taken high-stakes drug cases all the way to jury trials and earned positive results. He has also succeeded in negotiations to reduce a possession with intent to deliver charge to simple possession. Our team’s approach to each client is highly personal and responsive, and we encourage you to contact us now for legal representation focused on results. Call 773-467-7079.