Chicago Drug Lawyer

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.

Drug Legislation Impacting Chicago

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.

Which Drugs Do Drug Laws Address?

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:

Heroin
MDMA
Cocaine
Methamphetamines

Additionally, people may face charges for illegal possession, use, or distribution of prescription drugs.

Potential Drug Offenses and Consequences

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
Possession of drug paraphernalia
Possession with intent to deliver
Manufacturing
Distribution
Trafficking

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.

While it is natural to be concerned about the potential for incarceration, other consequences and penalties could also have a lasting impact, including the thousands of dollars in fines, fees, and court costs resulting from a guilty verdict. The collateral implications of a drug conviction include the adverse effects that indirectly result from a sentence handed down by a judge. For example, someone convicted of felony drug offenses could lose their right to vote or own firearms.

Having a drug conviction on record could also impact someone’s life in other ways, including a struggle to find employment, limitations on housing options, and its use during custody disputes. The good news is that these consequences could be avoided when a local drug attorney helps beat these charges.

Drug Charge Defenses

Working with a Chicago drug crimes attorney enables a defendant to build the strongest possible defense against their charges. There are different strategies available, but finding the right one depends on the facts of the case. Some common examples include the following:

Constitutional Violations

The police violating someone’s constitutional rights during an investigation could have a dramatic effect on the outcome of a case. As citizens are shielded from unlawful searches and seizures by the Constitution, the police must have a warrant or permission in most situations. If they illegally search someone’s home or vehicle, the evidence discovered could be excluded from trial by an attorney. Removing this evidence could be enough to force the state to drop the charges.

Lack of Knowledge

Drug offenses have an intent element, in that the accused must have intended to commit a crime. If they were in possession or control of a drug without knowing it, this criterion has not been met. Unfortunately, the state may not take the defendant’s word for it, making the support of skilled legal counsel vital.

Lack of Evidence

There are times when the evidence offered by the state is so weak that a jury has no choice but to find the accused not guilty. In this scenario, it may be more effective to focus on the lack of evidence instead of offering an alternative theory.

Should Someone Plead Guilty?

Whether or not someone should accept a guilty plea after being arrested on a drug charge depends on the circumstances. It is often possible to avoid a conviction by winning at trial. A drug lawyer from Chicago might also be able to have a case dismissed, especially if the evidence is weak.

However, there are times when a plea bargain could be in the accused’s best interest. If it is clear that the state has enough evidence to prove guilt beyond a reasonable doubt, taking the case to trial could be a mistake. Instead, an attorney could negotiate with the government to get the best possible deal.

Ultimately, the defendant is the only one who can decide whether to accept a plea, but they should consult with legal counsel before making a decision. An attorney could provide valuable insights into whether the deal being offered is worth taking.

Meet With a Chicago Drug Attorney

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.