Drug Or Narcotics related Crimes In Illinois
Drug Or Narcotics Offenses
Drug or narcotics offenses are treated vastly different whether the allegation leveled involves possession versus distribution or delivery of a controlled substance. The range of punishment can be drug school all the way to a Super X offense that is punishable by a maximum of 60-years of imprisonment. The amount and type of narcotics involved and any prior violations of the controlled substance laws play a large part in the potential consequences one faces. Criminal drug conspiracies are some of the complex cases in criminal law often involving wiretaps, search warrants, and informants.
Most often the real fight in drug cases is the pre-trial motions to suppress evidence because usually there is no issue whether the seized substance was in fact a controlled substance. However, the real issue in narcotics cases is whether the police violated the arrested person’s Fourth Amendment rights against unlawful searches and seizures. In a pre-trial motion to suppress evidence, an effective drug defense attorney can have the narcotics suppressed because the lawyer can establish that the police violated the client’s constitutional rights by conduction an illegal search or illegal seizure of the client’s car, house, or office. Often the validity of a search warrant can be challenged resulting in a suppression of all the evidence found during the search.
Possession of a Controlled Substance
Both federal and Illinois law punish possession of a controlled substance. The Illinois Controlled Substances Act, which is located 720 ILCS 570/1 et seq. governs possession of a controlled substance in Illinois. Possession of a controlled substance is a felony offense except for possession of less than 30 grams of cannabis. The severity of the sentence depends upon what schedule the controlled substance falls under.
What are the Issues in a Possession of Controlled Substance Case?
In most possession of drug cases, the only issue at trial is whether the individual was in actual possession or constructive possession of the controlled substance. Whether the drug seized is actually a controlled substance is not at issue because the State has in its possession prior to filing a possession of a controlled substance charge a lab analysis report created by a licensed forensic scientist that shows that the drug seized was a controlled substance.
Another main issue in possession of controlled substance cases involves whether the drug was seized based upon probable cause. Fourth Amendment jurisprudence is very important in possession of controlled substance cases because most drugs are seized after a traffic stop or after a search warrant.
Being arrested for a possession of a controlled substance is not something to take lightly. Even miniscule amounts of a controlled substance can lead to a prison sentence and a felony conviction.
Delivery of a Controlled Substance
Manufacturing, delivering, or possessing with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog is found at 720 ILCS 570/401, which prohibits the same controlled substance that the Illinois possession of a controlled substance statute does. The biggest difference between the two sections is the penalty upon conviction.
Sentencing ranges for manufacture, delivery, or possession with intent can be anywhere between a Class 1 felony and a Class X felony.
Calculated Criminal Drug Conspiracy
A charge of calculated criminal drug conspiracy is one of the most serious drug laws and it is only punished as a Class X offense and it carries with forfeiture of ill-gotten profits and a potential fine of $500,000. Often calculated criminal drug conspiracy is charged along with controlled substance trafficking in violation of Section 401.1.
Calculated criminal drug conspiracy involves certain violations of Section 401 or Section 402 of the Controlled Substance statutes along with a conspiracy involving two or more people and the defendant obtains at least $500 from the criminal drug conspiracy.
Criminal drug conspiracies are some of the complex cases in criminal law often involving wiretaps, search warrants, and informants.
Areas We Serve
Centrally located in Du Page County we represent clients in trial and appellate courts throughout Illinois including the counties of Cook County, Du Page County; Will County, and Kane County. We have won on behalf of clients at the Daley Center; 26th and California; Bridgeview; Skokie; Rolling Meadows; Maywood; Markham; and all the branch courts in Chicago; and the Northern District of Illinois along with all five Illinois Appellate Courts and the federal circuit court of appeals.