
A drug crime conviction may not seem like that big of a deal, but it can have a significant impact on your life. Many drug possession crimes are charged as felonies in Illinois. This means that a conviction could limit your employment options, ability to get loans, or your ability to get an education beyond high school. This is a potentially devastating impact for a crime that many people consider victimless. If you are fearful for your future after getting arrested on drug charges, don’t delay. Contact an experienced Warrenville drug crimes defense lawyer at Wolfe & Stec, Ltd. as soon as possible to protect your rights and future.
The first thing you should know about Illinois drug laws is that simple possession is often charged as a felony. And, even worse, simple possession isn’t the most serious crime you can be charged with if you are found in possession of illegal substances. Possession crimes come in two varieties. Simple possession means that you possessed the illicit substance for personal use. Possession with intent to distribute means that you intended to deliver the substance to another party. Illinois treats any form of drug trafficking exceptionally seriously, reserving the harshest penalties for this crime.
In many states, if you are found in possession of small portions of an illegal substance, even drugs that have no medical purpose, you are likely to face a misdemeanor charge, especially if it is your first time being convicted of a drug charge. Illinois is different. Most drug charges in Illinois are felony charges, even for trivial quantities of the drug. It is easier to list the exceptions to this rule than the examples of it. The main exceptions are:
While a prosecutor may negotiate a plea deal that lowers the penalty of a crime or charges you with a lesser crime, if you are arrested for any drug possession crime, there is a good chance you will be facing a felony.
The difference between a felony and a misdemeanor is very meaningful. While there are several classifications of misdemeanors, you can never receive more than one year of jail for being convicted of a misdemeanor charge. And if you are facing your first misdemeanor charge, you are likely to avoid jail time completely. Furthermore, the maximum fine for a misdemeanor is between $1,500 and $2,500, depending on the classification. These are relatively minor penalties compared to felonies. Even the least serious felony conviction will result in a prison sentence of one to three years and a fine that can be up to $25,000. The most serious felonies are reserved for Schedule I and II substances, and they can result in up to 50 years in prison and $300,000 in fines. Surprisingly, you can face those penalties even if you are convicted of simple possession if the quantity you possessed was large enough.
Criminal penalties aren’t the only repercussions. Felony charges stay with you for life. Employers will often refuse to give a job to people with felony convictions, and banks may refuse to do business with you. You could also lose parental rights if you have children. These consequences are much less likely if you are only convicted of a misdemeanor.
Arrested for drug crimes in Illinois? Don’t take these charges lightly. Contact the experienced drug crimes defense lawyers in Warrenville from Wolfe & Stec, Ltd. at 630-305-0222 today to protect your rights.
Beating a felony drug charge in Illinois is challenging, but that doesn’t mean you should give up hope. Our drug crimes lawyers in Warrenville will investigate your case and develop a strategy to get the charges dismissed or reduced in some way. The following are some of the more common defenses that we apply to felony drug charges in Illinois.
Illinois law includes an explicit exemption for drug possession charges when you contact authorities to get medical attention for someone who is in danger because of drug use. This Good Samaritan exemption also protects you if someone contacts authorities because of your medical emergency. However, the exemption has limits. It applies only to small quantities of drugs. If you contact authorities to protect someone else’s health, you should contact a drug crimes defense attorney at Wolfe & Stec, Ltd. as soon as possible. We will document why you contacted the authorities and why you should be covered by this exemption.
If you have a valid prescription for a medication, you can’t be charged with possession. Similarly, if you are using cannabis for a medical reason, you may be exempt from possession charges. It isn’t uncommon for someone with a medical excuse to get arrested at a time when they are unable to produce evidence of that excuse. Contact our law firm immediately, and our drug crimes lawyers will fight to get the charges dismissed as quickly as possible.
Anyone under 13 years old can’t be charged with drug possession. However, adults living in the same household might face charges if a youth is found with illegal drugs.
To possess something, you must be aware that you have possession of it. If someone slips a pill bottle into your backpack while you aren’t looking, you are not considered to have possession of that bottle. However, possession will be attached as soon as you become aware of the item. If you become aware that you have an illegal substance, you should contact our law firm immediately. An experienced drug crimes defense lawyer will contact the authorities to turn it over in a way that doesn’t put you in legal jeopardy.
When facing felony charges, you need the assistance of a legal team that has lots of experience. The Warrenville drug crimes lawyers at Wolfe & Stec, Ltd. have decades of experience handling these types of cases. We have extensive knowledge of the law and have helped countless clients get reduced or dismissed charges. Our attorneys also have extensive courtroom experience. If your case goes to trial, we will fight for you until the very end.
Just as importantly, we are familiar with Warrenville courts and prosecutors. We know what kinds of deals prosecutors are likely to agree to and what types of motions are likely to succeed. That knowledge gives us an advantage when planning how to approach your case.
Want to give yourself the best chance of getting fair results after getting arrested on drug charges in Illinois? Contact our law firm right away.
The law is incredibly complex. Illinois criminal statutes are thousands of pages long. You could spend the better part of a lifetime trying to understand your rights. Thankfully, our legal team has spent the time to understand the law and can explain the relevant parts to you simply. The following are answers to some of the most common questions we get from drug crime clients.
Can I be arrested for possessing a drug that was prescribed to someone else?
Yes. Prescriptions allow only the person who received the prescription to possess the drug. You can even be arrested if you have a prescription for the same drug and have possession of someone else’s prescription.
Can I be charged with drug possession if I illegally possess alcohol?
No. Alcohol is classified differently than drug possession. If you possess it illegally, though, you may face other less serious charges.
Can I have a drug charge expunged from my criminal record?
Illinois allows the expungement of charges in specific situations. If you were sentenced to supervision or probation, you may be able to petition to have your record expunged. You may also be able to have more serious sentences sealed three years or more after completing the sentence.
Is marijuana legal in Illinois for recreational use?
Yes, but you can still be arrested for possession if you have too much in your possession. If you possess it for recreational use, the law allows you to have up to 30 grams.
Want to know more? Ask our drug crimes lawyers any question you want during your initial consultation.
Illinois has some of the strictest drug crimes laws in the country. If you are arrested for drug crimes, you should contact our law firm as soon as possible.
A felony conviction can stay with you for the rest of your life. Protect your future by contacting a Warrenville drug crimes defense attorney at our law firm at 630-305-0222 today.