Glen Ellyn Drug Crimes Defense Attorney

Some states are tougher than others when it comes to drug crimes, and Illinois has some of the harshest penalties in the nation. It’s easy to think that if you’ve been caught with a small amount of a controlled substance, you’ll only face minor repercussions, but in Illinois even having a very small amount of a scheduled drug can result in a felony conviction. If you’re facing drug charges, the single most important thing you can do is to talk to a Glen Ellyn drug crimes defense attorney.

Simple Drug Possession Crimes in Illinois

Even Small Amounts Can Lead to Large Penalties

No matter how much of a drug you’ve been caught with, finding a drug possession defense attorney immediately should be your top priority. However, it can also be helpful to understand Illinois drug laws and the consequences you may be up against. Here’s a closer look at the fines and prison sentences for drug possession convictions in Illinois.

Marijuana Penalties

As of 2020, having marijuana for personal consumption is legal in Illinois. However, that doesn’t mean you can have an unlimited amount. If you are an Illinois resident, you can possess up to 30 grams with no penalty. If you are a non-resident, you may have up to 15 grams with no penalty. However, if you have more than 30 but less than 100 grams, you may face misdemeanor charges punishable by up to a year in jail and up to $2,500 in fines. If you repeat that same offense, you can be charged with a felony punishable by 1 to 3 years in prison and up to $25,000 in fines. If you possess more than 100 grams, you may face felony charges:

• More than 100 g to 500 g: 1 to 3 years in prison and up to a $25,000 fine
• More than 500 g to 2,000 g: 2 to 5 years in prison and up to a $25,000 fine
• More than 2,000 g to 5,000 g: 3 to 7 years in prison and up to a $25,000 fine
• More than 5,000 g: 4 to 15 years in prison and up to a $25,000 fine.

The 30-gram “legal limit” applies to cannabis flower. Illinois has different limits for different kinds of marijuana — the limit for cannabis concentrate is 5 g, and the limit for edibles is 500 mg of THC. If you are charged with trafficking, the penalties will be more severe, but a drug defense lawyer can help you understand what kinds of penalties you may be up against.

Penalties for Heroin, Cocaine, LSD, Morphine, and Similar Drugs

The penalty for drug possession in Illinois varies depending on the “schedule” of a controlled substance. Schedule 1 drugs (like heroin and LSD) have no accepted medical use and a high potential for abuse, and Schedule 2 drugs (like cocaine, methamphetamine, and morphine) have limited medical uses and a high abuse potential.

Possessing less than 15 grams of these substances when you are not authorized is a Class 4 felony and can lead to 1 to 3 years in prison and up to $25,000 in fines. Possessing 15 grams or more is a Class 1 felony punishable by up to $200,000 in fines. Prison terms depend on the amount you have when you’re arrested:

• 15 g to less than 100 g: Up to 15 years in prison
• 100 g to less than 400 g: Up to 30 years in prison
• 400 g to less than 900 g: Up to 40 years in prison
• 900 g or more: Up to 50 years in prison.

These sentencing guidelines may look grim, but that’s where the importance of a Glen Ellyn drug crimes defense lawyer comes in. Judges have a lot of latitude when it comes to sentencing, and if you are convicted, your attorney may be able to successfully argue for you to spend less of your sentence in prison.

Many different factors go into determining the sentence for a drug conviction. While sentencing guidelines can give you some information, the best way to understand what you’re up against is to talk to a lawyer. Call Wolfe & Stec today at 630-305-0222 to speak to drug crime defense attorneys serving Glen Ellyn.

What Kind of Defenses Can Your Attorney Use?

As you can see, there’s a lot at stake in any drug possession case. When you feel as though the evidence is stacked against you, it’s easy to think that the only possible outcome of your case is a conviction. However, your lawyer may be able to use one or more of these defenses to argue your innocence:

Entrapment

Entrapment happens when you are pressured into committing a crime you may not otherwise have committed. For example, imagine that someone — an undercover officer, unbeknownst to you — tries to get you to sell them cocaine. You refuse. However, the person says they are suffering severe withdrawal symptoms but cannot afford to see a doctor, so you give in and sell them a small amount of cocaine and are then arrested. In this case, your attorney may be able to argue that the officer entrapped you.

The Drugs Were Not Yours

Many people will reflexively claim “That’s not mine!” when they are caught with drugs. However, in some cases, that is actually true. For example, if you rent a car, get pulled over, and an officer finds drugs in the glove compartment, you may be able to argue that the previous customer left the drugs in the car.

Prescription

If you are caught with prescription drugs that were not prescribed to you, you may be arrested. But what if the drugs truly were prescribed to you? Your attorney may be able to argue that you are innocent because you were legally permitted to possess the drugs.

Being Under Duress

If you were not in possession of the drugs purely by your own free will, this may be a viable defense. For example, suppose that you are caught with heroin in your bag. If you have an abusive partner who deals drugs, your attorney may be able to argue that the partner threatened or intimidated you into holding or transporting the drugs.

You Didn’t Know the Drugs Were Illegal

This might sound far-fetched, but there are some situations where this defense can apply. For example, suppose that your brother gives you a bottle of over-the-counter headache medication. You are stopped by police who find out that there are opioids in the bottle. In this case, you might convincingly argue that you were not willingly in possession of illegal drugs.

Illegal Search and Seizure

Police cannot legally search you or your property without cause. That’s why police cannot search your vehicle during a routine traffic stop unless they have your permission. If the arresting officer found drugs in a situation where they did not have the right to conduct a search, your lawyer might be able to argue that you cannot be prosecuted.

FAQ

Whether you have faced criminal charges before or this is your first time dealing with the legal system, you almost certainly have questions. These are some of the most common questions our new clients ask.

What is the penalty for drug possession in Illinois?

Even having less than 15 grams of some controlled substances is a Class 4 felony. If you’re convicted, you may face 1 to 3 years in prison and up to $25,000 in fines.

Do you automatically go to jail for a drug offense in Illinois?

You can go to prison for a drug conviction, but in many cases, judges have the discretion to sentence first-time offenders to probation.

What is the maximum sentence for drug crimes in Illinois?

Some drug trafficking charges are Class X felonies (the most severe class of felonies besides first-degree murder). A conviction can lead to up to 60 years in prison and a fine of up to $500,000.

What if I’m convicted?

While our team strives for acquittals for all clients, there are no guarantees in the legal world. However, if you are convicted, we may be able to successfully negotiate lighter penalties.

We understand that you probably have many more questions during this challenging time. If you have more questions about your situation or if you’re ready to get started, don’t hesitate to get in touch.

Why Choose Us?

When You Need a Glen Ellyn Drug Crimes Defense Attorney, We’re Here

Even an allegedly “minor” conviction for drug-related crimes can follow you for the rest of your life. If you’re facing charges, the most important thing you can do for yourself and your future is to find a skilled defense attorney for drug crimes. At Wolfe & Stec, we have helped countless people in your situation navigate the challenges of an unfamiliar legal system.

If you have been charged with a drug crime — no matter how minor or how serious it may seem — get in touch with us. Call the Wolfe & Stec team at 630-305-0222 to schedule your free initial consultation.