Delivery of a Controlled Substance
Defending Against Drug Charges in DuPage County
Illinois views all drug crimes as serious offenses, especially when someone is distributing a controlled substance to others. Law enforcement often cracks down much harder on the delivery of controlled substances, rather than possession, as this is how people in the area come to possess the drug. This type of crime is often closely associated with drug dealing and can have a long-term effect on an individual’s reputation and future. If police officers arrest you on suspicion of delivering a controlled substance, you need qualified criminal defense assistance right away.
In DuPage County, the following drug-related arrests occurred in a single year:
- 5,199 arrests
- 52.7 percent of arrests were cannabis-related
- 32.1 percent of arrest involved drug paraphernalia
- 13.6 percent of arrests involved controlled substances
Next door in Cook County, 29,752 drug-related arrests took place, and on the other side, Kane County reports indicate 1,982 arrests.
At Martin & Kent, L.L.C., our criminal defense lawyers know how serious all types of drug-related cases can be. Our DuPage County drug crime attorneys do everything in our power to fight against serious drugs charges, including the delivery of a controlled substance. We work to protect our clients’ constitutional rights ensure that they receive fair treatment throughout every step of the criminal process. Contact us today to discuss how we can help in your case.
Accused of Controlled Substance Delivery in Illinois?
Even simply possessing illegal narcotics is a felony in Illinois. This means that possession with the intent to deliver or actual delivery will carry even more severe penalties. Some of the most commonly delivered drugs include:
- Prescription drugs
Possession with intent to deliver means that you knowingly and intentionally possess a particular illegal substance with the intention of selling it to one or more other individuals. Illinois prosecutors commonly charge individuals with possession with intent to deliver in cases in which the accused possessed an unusually large amount of drugs (i.e., an amount that is normally too large for personal consumption or use). In such cases, the law assumes that the accused intended to sell or distribute the drugs in question due to the quantity.
Other circumstantial evidence can also lead to charges of possession with intent to deliver. These include:
- Drugs are packaged in smaller amounts to deliver to different individuals
- The defendant had a scale or another measuring device
- The defendant had baggies or other common packaging materials
- The defendant had a significant amount of cash, indicating possible drug sales
It is important to have a defense attorney who knows how to challenge such circumstantial evidence to prove you were not involved in the delivery of drugs and to get your charges reduced to simple possession.
The charges you face will typically depend on the quantity of drugs found during the arrest. If you allegedly possessed less than a gram, it can result in up to seven years of prison and up to $200,000 in fines. One to fifteen grams may result in a 15-year sentence, fines, and a felony mark on your record. Anything above that quantity can result in a Class X felony charge, which allows the harshest sentences of any felony case. Keep in mind that the exact sentence a judge imposes for a conviction depends upon the type and the amount of the controlled substance involved, along with other circumstances of the case. Some aggravating circumstances that may enhance a sentence include:
- Possessing or using a weapon during drug delivery
- Delivering drugs as part of a criminal operation
- Delivering drugs to minors or near a school zone
If you face charges of possession with intent to deliver, the skilled criminal defense attorneys at Martin & Kent, L.L.C., can help. We can review your charge, including the type and amount of the drug involved, and help you determine the best legal option for you and your case. We can present any applicable legal defenses, request that the court suppress unlawful evidence, negotiate a favorable plea bargain, and much more.
Accused of Drug Possession in Illinois?
Delivery of a controlled substance is a serious drug charge in Illinois, but it is far from the only drug-related charge you can face. In Illinois, it is illegal for anyone to knowingly possess a counterfeit or controlled substance and/or a “controlled substance analog.” There are two types of drug possession that Illinois law criminalizes: actual possession and constructive possession.
Actual possession means that the accused is carrying the drug directly on his or her person, such as in a coat or pants pocket. Constructive possession, on the other hand, typically means that the police or investigator uncovers the drug in the accused’s general vicinity—and in an area over which the accused has immediate control. If a police officer finds the drug in the accused’s home or car, then he or she may be deemed in constructive possession of the drug in question.
When it comes to constructive possession, the accused may be able to allege that he or she lacked control over the area where officers found the drugs. This is especially true in cases in which police find drugs in a motor vehicle that the accused did not own (or in which the accused was a passenger). The same is true when the drugs were in someone’s home (such as during a home raid), and the accused is a visitor to the home or has never resided there. In these instances, the accused may not have even known that illegal drugs were present in the location where the police ultimately found them. In those cases, the accused may be able to successfully argue that he or she was not in constructive possession of the drugs.
It goes without saying that it is against the law for individuals to possess certain controlled substances that state law specifically bans. However, it is also illegal to possess a substance that, although technically legal, mimics the effects of an illegal substance. As an example, if you buy parsley from an Illinois drug dealer who represents the substance as marijuana, you can still be criminally charged with marijuana possession under state law. This is because at the time of the transaction, you had the specific intent to buy marijuana, and you believed, based upon the seller’s representation, that you were in possession of marijuana at that time.
If you are found guilty and convicted of illegal drug possession in the State of Illinois, a sentencing judge will determine the penalty in your case. The penalty imposed upon conviction depends primarily upon the following factors:
- The type of drug which you are found to be in possession of
- The amount of the drug which the police find in your possession
While some minor drug possession offenses are Class C misdemeanors, other possession offenses, including heroin possession, are Class 1 felonies that carry potential jail time. The sentence imposed upon conviction can include anywhere from several months in jail all the way up to 50 years’ incarceration.
Even relatively “minor” drug possession convictions can produce serious penalties. These penalties can keep you away from your loved ones for months—or even years—at a time. The skilled DuPage County drug crime defense lawyers at Martin & Kent, L.L.C. understand the seriousness of these potential penalties and can explore all of your legal options with you. In some cases, this involves preparing a strong legal defense to your possession charge, while in other cases, it means working to minimize the potential consequences of a drug crime conviction.
Accused of Drug Manufacturing in Illinois?
In addition to possessing and delivering illegal drugs, it is also illegal to manufacture controlled substances in Illinois. The state prosecutor can charge you with illegal drug manufacturing under any one of the following circumstances:
- You are in possession of certain chemicals which are typically used to make certain illegal controlled substances
- The police or investigators uncover a drug lab at your residence
- The police or investigators find that you are cultivating certain plants, including marijuana plants, which are used to manufacture illegal controlled substances
Illegal drug manufacturing in Illinois, like possessing and delivering illegal drugs, carries with it harsh penalties. Illegal drug manufacturing can result in Class X felony charges, and a conviction can result in between six and 60 years of incarceration. The penalty a judge decides to impose upon conviction depends upon the type of drug you allegedly manufactured, as well as the total amount of the controlled substance that the police find in your possession.
If a judge or jury convicts you of illegal drug manufacturing, the experienced DuPage County drug crime lawyers at Martin & Kent, L.L.C. will do everything possible to minimize your penalties and other collateral consequences of a conviction.
Call Our Experienced DuPage, Kane, and Cook County Drug Crime Lawyers
When you call on our criminal defense firm, we will work closely with you to build a strong and effective defense. Our goal is to have your charges dropped, reduced, or kept off your permanent record. You should never try to face serious drug charges alone, so please contact our DuPage, Kane, and Cook County drug crime lawyers today by calling (630) 474-8000 at any time for a free consultation.
RELATED PRACTICE TOPIC
A Wheaton client who was arrested for domestic battery got her case dismissed for lack of prosecution. The arrest expungement was immediately filed by M&K lawyers.Case Results