Facing charges of possession of a controlled substance in Illinois alone can feel like the walls are closing in on you. The threat of jail time, fines, and a criminal record hanging over you may feel overwhelming, but with help from the best criminal drug defense attorneys in Illinois, you have a chance at a better outcome.
Today Criminal Lawyer Illinois will draw upon more than 15 years of experience as drug possession attorneys to help understand your rights and options as you seek legal counsel.
What Are Controlled Substances in Illinois?
Controlled substances refer to a wide variety of substances including narcotics, opioids, hallucinogens, sedatives, inhalants, and stimulants whose possession and usage are strictly controlled under both state and federal laws.
The Illinois Controlled Substances Act arranges these substances in a 5 tiered schedule of distinct categories. This schedule of drugs works much like the federal Drug Enforcement Agency’s (DEA) classification system.
Schedule I substances are those who have no accepted medical value, yet carry a high potential for abuse. These include heroin, PCP, MDMA, MDA, psilocybin, DMT, LSD and others. They are considered to be the most dangerous drugs and carry the highest potential penalties for possession.
Schedule II drugs are also considered to have a high potential for abuse, but do have an accepted medical usage. These include cocaine, opium, methamphetamine, codeine, hydrocodone, oxycodone, morphine, fentanyl and others.
Schedule III, IV, and V substances have accepted medical usage but are considered significantly less dangerous than schedule I and II drugs, with a lower potential for abuse. These drugs often (but not always) require a prescription to legally possess them.
Therefore, when an individual obtains a schedule III, IV, or V drug without a valid prescription, they are illegally in possession of a controlled substance.
Illinois Drug Laws on Possession of a Controlled Substance
The Illinois Controlled Substances Act (720 ILCS 570/100) is the official law in Illinois governing controlled substances. This statute creates a system of control over possession of controlled substance (PCS) drugs.
The Controlled Substances Act thoroughly defines which drugs belong to each of the five schedules for possession of a controlled substance in Illinois. It also legally defines delivery, possession, and trafficking of PCS drugs.
In addition, the Controlled Substances Act also treats counterfeit substances and controlled substance analogs (substances created to circumvent drug laws by producing a product that closely simulates the controlled substance, but varies chemically) the same as the drugs which they mimic.
The act also acknowledges the difference between unlawful use/petty distribution and large scale drug trafficking.
While still serious violations of the law, the Controlled Substances Act makes it clear that small violations are not treated the same as major criminal enterprises involving manufacture, possession, and distribution of controlled substances.
However, being found in possession of multiple substances can result in a charge for each of the different substances found.
Is Possession Of A Controlled Substance in Illinois A Felony?
The specific penalties for possession of a controlled substance in Illinois are described under section 720 ILCS 570/402 of the Controlled Substances Act. While still serious, not all charges for possession of a controlled substance carry a felony penalty.
The penalties vary depending on the schedule of the drug or drugs found to be in your possession. The quantity of controlled substance that you have in your possession at the time of your arrest also has a significant impact on the applicable penalties.
Generally speaking, possession of a 15 grams or more of a schedule I or II drug is considered a Class 1 Felony. This includes heroin, methamphetamine, and cocaine possession. A defense attorney can help you understand the threshold amounts for specific substances to be considered a Class 1 Felony.
The penalties range from 4 years in prison on the low end, to as many as 50 years for possession of 900 grams or more of these substances. Fines as much as $200,000 may also be applied for those found in possession of 100 grams or more of the controlled substance.
Controlled substances that are lower on the schedule, a Class 4 Felony may be applied, which can carry a fine of up to $25,000.
Possession of anabolic steroids is considered a Class C misdemeanor for a first offense, and a Class B misdemeanor for a subsequent offense committed within 2 years of the first conviction.
What Is The Statute Of Limitations On Drug Possession In Illinois?
The statute of limitations for possession of a controlled substance in Illinois is 3 years. This means that charges must be brought by the state within that time period, or the defendant cannot face charges for that particular crime.
It is important to note that the statute of limitations begins from the date of the alleged crime, and not necessarily the date of an arrest.
How To Beat A Possession Charge In Illinois?
If you’ve been accused of possession of a controlled substance in Illinois, your priority should be getting the help of an experienced drug crime defense attorney as soon as possible. The key to a successful defense often lies in what happens immediately before and after your arrest.
A skilled drug possession attorney will have a number of strategies to beat the charges including:
Illegal Search/Seizure
The Fourth Amendment to the US Constitution protects against illegal search and seizure. That means a police officer must have a valid reason to conduct a search of your person, vehicle, or property.
If the controlled substance was found as the result of an illegal search that did not have a warrant or probable cause, the evidence they obtain becomes inadmissible in court.
Lack of Knowledge or Intent
A common defense used by PCS lawyers is lack of knowledge or intent. In this defense, it is argued that the drugs found are to be considered constructive possession.
This means that the drugs were found in a shared place, such as the console of a vehicle with multiple passengers. It can be argued that the drugs belonged to another person or to someone else who had access to the vehicle.
Chain of Custody Issues
When arrested, the drugs confiscated by the police are to remain as evidence for use by the prosecution during the trial. If the drugs go missing or become otherwise unaccounted for, this can result in a lack of evidence to prosecute the crime.
Entrapment
When a police officer entices, coerces or outright tricks a person into committing a crime they would otherwise not have committed, that becomes entrapment. This is illegal, and can become grounds for dismissing the case.
Negotiation and Plea Bargaining
Often when there is not a suitable defense available to the defendant, the next best option is to negotiate a plea bargain. A plea bargain involves pleading guilty to a lesser charge, or to plead guilty for one of multiple charges, while receiving a dismissal or lesser sentence for the others. Reaching a plea bargain can result in a quicker case resolution and a lighter sentence.
Can I Receive Probation for Possession of a Controlled Substance?
Yes, in Illinois probation is often available for drug related crimes.
A 1410 probation (also known as a 410 probation) in Illinois is a special probation type offered to first time drug offenders. Named after section (720 ILCS 570/410) of the Controlled Substances Act, a 1410 probation requires a guilty plea, but defers the case for 2 years. No conviction is entered, unless the defendant violates the terms of the probation.
The 1410 probation terms typically require the defendant to perform at least 30 hours of community service, and submit to and pass 3 random drug tests. Depending on the circumstances, the court may also order the defendant to enter a drug and alcohol treatment program, or undergo a mental health evaluation.
A second type of probation, known as a TASC probation in Illinois, is often used by PCS lawyers to avoid a criminal drug conviction.
Under a TASC probation, virtually anyone charged with a felony can elect to be treated for a drug problem. Acceptance into the program requires an evaluation, but once accepted, the defendant will be sentenced to two years TASC probation. The case will be continued in two years, and if completed successfully, will result in a dismissal.
Conclusion
Possession of a controlled substance in Illinois is one of the most common crimes seen today. While the charges are indeed serious, you can mount a successful defense with the help of the best criminal drug defense attorney in Illinois.
Sami Azhari of Criminal Lawyer Illinois has been successfully defending his clients against charges of possession of controlled substances in Illinois for over 17 years. Sami has tried over 100 cases including a variety of drug charges, white collar crimes, and other felony offenses.
Sami can help you understand your rights – and your options – to get you the best possible outcome on your day in court.
Don’t hesitate any longer to retain the services of a top drug possession attorney. A successful defense often hinges on what happens immediately before and after an arrest.
Contact Sami Azhari at Criminal Lawyer Illinois for an initial consultation on your drug possession case. Sami will do everything in his power to ensure you have the best opportunity to beat the charges. Contact Sami at Criminal Lawyer Illinois today.
