Whether you have been accused of the possession, trafficking, or manufacturing of illegal drugs, you could be facing life-altering consequences. Even if you are charged with a minor drug offense like misdemeanor possession, the outcome of a drug conviction can go beyond criminal punishments. Drug convictions can lead to civil consequences, impact child custody, and make it difficult to find or retain a job.
When you are facing charges for drug crimes, you need the assistance of a knowledgeable defense attorney. A Chicago drug lawyer could help fight the charges against you.
When a defendant is charged with a drug crime, one of the most important things to determine is whether they are federal or state charges. Both systems regulate the possession, manufacture, distribution, and trafficking of controlled substances. Even if the state does not criminalize certain behaviors, if federal law does, a person can face charges for those crimes.
The State’s Attorney’s Office prosecutes violations of Illinois drug laws. The Department of Justice prosecutes violations of federal drug laws. While federal law addresses possession, possession of small amounts of drugs will rarely be a federal offense.
Determining which government has brought the drug charges can help a drug lawyer explore defense options for a client in Chicago. In many instances, a defendant can plea down drug charges, which can have a positive impact on their sentence and other civil outcomes.
Illinois is one of several states that has legalized recreational and medical use of cannabis (marijuana) for people over 21. Federal law still addresses marijuana possession, but the federal government is not currently prosecuting most possession cases. However, it is a mistake to believe that there are no longer any marijuana-related drug offenses. As a seasoned drug attorney can explain, people in Chicago can still be charged with distribution, possession, and trafficking offenses for black-market exchanges of marijuana.
Illinois has not legalized the use of other controlled substances. People may face charges related to the possession, trafficking, delivery, and distribution of controlled substances, including:
Additionally, people may face charges for illegal possession, use, or distribution of prescription drugs.
The potential charges are based on the category—or Schedule—of the drug. 720 Illinois Compiled Statutes 570 breaks drugs down into five Schedules: Schedule I through Schedule V. Each Schedule has its own offenses, with Schedule I being the most serious with the highest potential penalties.
Potential offenses include:
Possession of any amount of drugs is a felony. Manufacturing, distribution, and trafficking can be Class X felonies, depending on weight, with potential prison sentences of six to 60 years. A dedicated attorney could further explain the potential consequences for a defendant’s Chicago drug case.
No matter the severity of your drug charge, you need to take immediate action to help preserve your rights. A Chicago drug lawyer could analyze your case and help minimize the fallout from these charges. They may even be able to arrange pretrial diversion for defendants with addiction issues that led to the crime. Schedule a free case evaluation with Price Benowitz to learn more.
