Are you or someone you know in need of a Chicago drug possession lawyer? Hiring an experienced Chicago drug lawyer to fight for you on your day in court is essential to your freedom. Drug laws are complex, which is why you immediately need to find the right Chicago drug possession attorney to begin mounting your defense.
Sifting through the many Chicago drug lawyers on your own can take days. Because time is of the essence, we’ve compiled this list of the best Chicago lawyers for drug possession available for your defense.
Each of the names on this list has the experience necessary to give you the best opportunity for a fighting chance on your day in court.
But before we share our list of the best Chicago IL defense attorneys for drug possession, let’s get a better understanding of what drug possession charges mean.
What is Drug Possession?
The state of Illinois Statutes Chapter 720 defines drug possession as the knowing possession of controlled substances such as cocaine, heroin, methamphetamines, LSD, ecstasy, and other illicit drugs. You can be determined to be in possession of drugs if they are within reach (such as the glove compartment of a vehicle) even if they are not physically on your person at the time of the arrest.
Possession also includes synthetic analogs of controlled substances, meaning substances that are chemically and effectively similar to Schedule I or II controlled substances.
Not only that, but holding certain controlled prescription drugs without a certified prescription can also result in a drug possession charge.
The state of Illinois considers most forms of drug possession to be a felony, however the severity of the charges depends on a variety of factors including the class of drugs found in your possession as well as the quantity.
Drug Possession vs Drug Distribution
Under the Illinois Controlled Substances Act, possession of controlled substances can be classified as either simple possession or possession with intent to manufacture or distribute. The specific charge you are faced with will depend on the quantity of drugs found in your possession.
Simple drug possession occurs when the amount of drugs found on a person is small enough that it can be reasonably asserted that the drugs are for personal usage, with no intent to sell or distribute to others. Typically this is under 15 grams of a substance.
Drug distribution refers to the sale or intended sale of controlled substances between two parties or more parties. When the quantity of drugs is greater than 15g, you may be charged with drug distribution. The penalties escalate according to the amount of drugs in your possession.
Factors that Can Affect Penalties for Drug Possession
The penalties for drug possession in the state of Illinois can vary, ranging from misdemeanors to felonies. However the exact punishment will depend on a variety of factors including:
Type of Drug
Illegal drugs and controlled substances are categorized into groups called schedules. Schedule 1 drugs are considered to have significant potential for abuse, with no accepted medical usage. Schedule 1 drugs include heroin, LSD, and ecstasy. Other drugs with some accepted medical use (ketamine, cocaine, steroids, etc) are placed on lower schedules.
The higher schedule of a drug, the more serious the charges, with schedule I and II being the most serious. Possession of drugs on the lower side of scheduling may result in a misdemeanor penalty, rather than felony.
It is important to note that in the state of Illinois, marijuana has been legalized for medical and recreational usage, however it remains a schedule 1 drug federally.
Drug Quantity
The amount of illegal substances you are arrested with can factor heavily in whether you are charged with drug possession or drug distribution. The greater the amount of substance in your possession, the more likely you will be charged with intent to distribute.
Quantities of illicit substances found under 15g are likely to result in a drug possession charge. Greater quantities may result in charge of drug distribution, with very high quantities of drugs carrying the harshest penalties.
Aggravating Factors
There are a number of aggravating factors that can cause you to receive a harsher penalty. These factors include:
- Possession of drugs in or near a school, church, government building or other protected area.
- Possession of a firearm at the time of your arrest.
- An existing criminal record with prior possession charges.
- Possession of equipment or paraphernalia that proves intent to distribute (such as scales, baggies, etc).
Potential Penalties for Drug Possession
Based on the above factors, penalties can range from fines to substantial prison time if convicted of drug possession. A guilty verdict can lead to:
- Misdemeanor – Possession of less than 15 grams of a lower scheduled controlled substance is likely to result in a misdemeanor, and carry a short jail time sentence as well as fines and possible probation.
- Class 4 Felony – Small amounts of some schedule 1 and 2 drugs in your possession may qualify as a Class 4 felony, which carries a penalty of 1-3 years in prison, as well as fines up to $25,000.
- Class 1 Felony – A class 1 felony is extremely serious, and carries a minimum of 4-15 years in prison for possession of 15+ grams of drugs like heroin, methamphetamines, cocaine, and LSD. When drug quantities pass specific thresholds, the penalties increase in severity, to as much as 50 years in prison from amounts greater than 900 grams.
- Class X Felony – The most severe penalty in Illinois, class X felonies are reserved for possession of extremely large quantities with intent to distribute. Penalties can carry 20 to 60 years in prison, along with fines.
What to Do if You Have Been Charged in Chicago with Drug Possession
If you have been arrested in Chicago on drug possession charges, the first thing you need to do is seek professional legal counsel.
An experienced Chicago possession lawyer can be the difference between your freedom and a future behind bars. While drug charges are indeed serious, the circumstances surrounding your arrest can help you mount a credible defense.
For example, if your rights were violated with unlawful search and seizure, you may be able to mount a defense against the charges. The more experienced your Chicago drug possession attorney, the more likely you are to gain a favorable outcome.
There are many Chicago drug defense attorneys to choose from, which is why we’ve compiled a list of best Chicago lawyers for drug possession.
Each of the Chicago IL defense attorneys for drug possession on this list have experience defending against drug possession charges in both Illinois and at the federal level. These attorney’s will do everything in their power to fight for your rights on your day in court.
Don’t go it alone. Contact a Chicago drug lawyer today.
Best Chicago, IL Defense Attorneys for Drug Possession
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Sami Azhari
Law Firm: Federal Criminal Lawyer
Contact: +13126262871
We understand criminal defense. Sami is an attorney and principal of Azhari LLC, with over 14 years of experience as a trial lawyer. He has tried over 100 jury and bench trials. Sami Azhari is recognized as one of the best Chicago lawyers for drug possession. Sami has also defended clients in federal cases around the United States. Our firm is familiar with Illinois local rules for each jurisdiction, as well as the Federal Rules of Criminal Procedure.
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Samuel Jackson III
Law Firm: Law Office of Samuel Jackson III, LLC
Experienced Chicago drug lawyer. Serving residents of Chicago, Illinois and surrounding areas.
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Darryl Goldberg
Law Firm: Darryl A. Goldberg
Aggressive Advocate – Darryl Goldberg represents individuals charged with Chicago drug possession.
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Gal Pissetzky
Gal Pissetzky is a respected Chicago possession lawyer with over 20 years of experience. Your Drug Violations needs are important.
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Stephen M. Komie
Law Firm: Komie and Associates
Renowned Chicago drug possession attorney, offering unrivaled expertise in and commitment to criminal and regulatory defenses.