DuPage County Controlled Substance Drug Charge Attorneys

According to the Illinois Controlled Substances Act (720 ILCS 570/1, et seq.), the knowing possession, manufacture, and delivery of controlled substances, counterfeit substances, and “analogs” of controlled substances (substances that have a chemical structure or effect similar to that of a controlled substance) is a felony. If convicted, you can face imprisonment and fines, and you will have a criminal record that will follow you and negatively affect the rest of your life.

Why Choose Us?

Your Future Matters to Wolfe & Stec

If you have been charged with any crimes related to controlled substances, it is essential to get top-notch legal assistance. The experienced Illinois criminal drug charge defense lawyers at Wolfe & Stec, Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements.  Whatever the charge, our skilled criminal controlled substance defense lawyers will work with you to mount the most effective defense possible.

We offer a free consultation, so contact us for help today at 630-305-0222 if you have been accused of any controlled substance charges. Your future matters to Wolfe & Stec.

What Are Controlled Substances?

Drug laws apply to substances classified as “controlled,” meaning that the use and distribution of the substance are governed by law. Controlled substances are often classified under “schedules” under federal and state statutes, and this classification may be different in each case.  Sometimes federal and state laws are contradictory, such as in the case of medical marijuana which is still illegal under federal statutes but legal in Illinois.

Illinois law classifies drugs from Schedule I to Schedule V according to factors such as the potential for abuse and whether the drug has any medical uses.  Schedule V controlled substances are considered the least dangerous, while Schedule I drugs are considered the most dangerous.

Under Illinois law, 720 ILCS 570/203, Schedule I controlled substances are those that

1. Have a high potential for abuse; and
2. Have no currently accepted medical use in treatment in the United States or lack accepted safety for use in treatment under medical supervision.

These substances include most recreational and street drugs such as:

• cocaine
• methamphetamine
• heroin, opiates, and other opium derivatives
• ecstasy
• psychedelic mushrooms
• LSD and other hallucinogenic substances
• peyote
• substances having a depressant or stimulant effect on the central nervous system.

See The Illinois General Assembly’s site for a complete list of drugs and their classifications.

Controlled substances that are not classified as Schedule I may be legal if they are prescribed for medical use, but, due to a high potential for addiction and abuse, they are illegal if they are used in an unauthorized manner without a physician’s prescription.  These substances may fall into the following categories:

• Pain medications – including Codeine, Methadone, Morphine, Percocet, Percodan, and Vicodin
• Cough syrups that contain controlled substances such as Codeine
• Tranquilizers such as Xanax, Ativan, Valium, and Librium
• Sedatives that require a physician’s prescription such as Nembutal, Seconal, or Quaaludes
• Amphetamines that are prescribed for weight loss and hyperactivity such as Ritalin and Adderall
• Opiate pain medications such as oxycodone.

Ultimately, the punishment you face for possession of a controlled substance depends heavily on its scheduling.

Punishments

The following are possible punishments you may face for possession in Illinois.  The severity of punishment increases with the amount of drug involved.

• Heroin, Cocaine, Morphine, and LSD: Class 1 Felony, punishable by up to $200,000 in fines and imprisonment of 4-15 years in prison for 15g-99g; 6-30 years for 110g-399g; 8-40 years for 400g-899g; and 10-50 years for 900g or more.
• Peyote, Barbituric Acid/Salts, and Amphetamines: Class 1 Felony for 200g or more, punishable by 4-15 years in prison and up to $25,000 in fines.
• Pentazocine, Methaqualone, Phencyclidine, and Ketamine: Class 1 Felony for 30g or more, punishable by 4-15 years in prison and up to $25,000 in fines.
• Anabolic Steroids: Class C Misdemeanor punishable by up to 30 days in prison and up to $1,500 in fines.
• Marijuana: Possession for personal use of 10 grams of marijuana or less is a Civil Violation, punishable by a fine of $100-$200 and no jail time.  Possession of 10-30 grams is a Class A misdemeanor for a first offense, with the possibility of 1 year in prison and a fine of $2,500.  Possession of over 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of 4-30 years, and a fine of $25,000.
• Other Substances Not Listed in Statute: Possession is a Class 4 Felony punishable by 1-3 years in prison and up to $25,000 in fines.

If you are charged with possession of controlled substances with intent to manufacture or deliver, punishments will be even more severe.  In addition to Illinois statutes, federal law may come into play, bringing additional punishments.

Frequently Asked Questions

The answers below can help you understand controlled substances charges and your future. For more information, contact our office at any time.

Will I serve time in jail or prison with a controlled substances conviction?

All drug possession charges in Illinois are felonies. A felony designation means that time in prison is mandated for each charge. However, some offenders may be eligible for probation, known as 410 or Second Chance probation.

How much does a DuPage County controlled substances attorney charge?

Attorney’s fees vary based on the complexity of the case and the experience of the law firm or attorney. Generally speaking, the range of fees in Illinois is roughly $200 to $700 or more per hour. Some attorneys charge flat-rate fees, which may vary substantially from attorney to attorney.

Is there a statute of limitations for controlled substance charges in Illinois?

Yes. There is a statute of limitations of three years for controlled substances charges. The clock starts ticking on the date of the commission of the crime. Once the prosecution officially files charges, the clock stops. An arrest, however, does not stop the clock.

Are there defenses to possession of controlled substances charges?

Yes. Wolfe & Stec puts forth various defenses against controlled substances charges, potentially including:

• Fourth Amendment defense against illegal search, seizure, and arrest
• Fifth Amendment defense against self-incrimination
• Unintentional possession, meaning unknowingly possessing a controlled substance
• Third-party stash, which refers to the placement of a controlled substance in your possession by a third-party
• Chain-of-custody defense for breaches in the evidence chain of custody
• Lab and testing errors
• The substance in question is not a controlled substance.

Whatever your circumstances, our attorneys will utilize the most appropriate and effective defenses. Often, various lines of defense are available in these cases.

We’re here to answer your questions and fight for your freedom. Don’t hesitate to call Wolfe & Stec, 24 hours a day.

Put Your Trust in Us — Contact Wolfe & Stec, Ltd. for a Free Consultation

Ready to Fight for You

If you have been charged with any controlled substance crime in Illinois, you need to hire the best criminal defense attorney that you can find. The experienced and seasoned Illinois drug crime defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation.  We work with our clients throughout the criminal process to come up with an effective defense strategy and determine whether to take a case to trial. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties, and rights.

We are aggressive litigators and will answer all your questions and make sure you fully understand the facts surrounding your case.  We represent clients in DuPage County, Naperville, Aurora, Wheaton, Will County, Downers Grove, and Bolingbrook, and the greater Chicagoland area.

Delaying can only make your situation worse, so contact us and call 630-305-0222 today to schedule your free initial consultation.