If you were arrested for a drug-related criminal charge, then contact Elliot R. Zinger, P.C.
Mr. Zinger has defended many hundreds if not thousands of drug cases during his career and has vast experience in illegal search and seizure motions.
The government has vast resources to investigate and prosecute drug crimes. If you or a family member has been arrested on drug charges, you need a qualified and experienced attorney to confront the prosecution's case and guide you toward less serious consequences.
We are able to assist in many cases, including those involving possession of the following controlled substances:
- Synthetic cannabis
- Drug paraphernalia
- Narcotic prescription drugs
Serious Drug Defense Lawyers
Under Illinois law, depending on the facts of your case, there are numerous types of drug crimes that you can be charged with. If these offenses cross state lines you can also be charged with federal crimes. Charges may include the following categories:
Possession: Possession is the drug charge that most people face. A possession charge may vary depending on the quantity and type of substance that authorities accuse you of possessing.
Dealing/distribution: If you are accused of selling drugs to another, authorities may charge you with dealing drugs. If you have not actually completed the transaction, police can charge you with intent to sell or distribute drugs.
Manufacturing: Illinois has passed tough laws against the production and manufacturing of drugs. It is illegal to create another substance from a controlled substance, possess illegal substances with any intent to manufacture other illegal substances, or knowingly let anyone use your premises for the manufacturing of drugs.
Trafficking: Dealing drugs becomes a trafficking charge when you move illegal drugs across state lines, regardless of intent.
Drug Possession Attorneys
Possession is the most common drug-related charge faced by most accused. The prosecutor must prove 3 components beyond a reasonable doubt:
1.) The actual identity of the controlled substance is part of an illegal drug
2.) You knowingly possessed the drug
3.) The controlled substance was in your control or possession. Possession can mean either actual possession or constructive possession. Actual possession means you had some physical control over the substance, but you do not have to actually have it on your person. Constructive possession means you do not physically have the drug, but it is in a place you control.
Drug Distribution Attorneys
People with large quantities of drugs in their possession may face intent to distribute charges. This does not mean you actually intended to distribute, or that the court will convict you of this charge. To prove an intent to distribute, the prosecutor must show (1) you possessed the illegal substance, and (2) you had a clear intent to distribute the substance. Intent is the heart of the case that a prosecutor needs to prove. The prosecutor will try to use evidence such as the quantity of drugs, whether drug paraphernalia was present, materials for distribution to prove its case.
Drug Crimes & Penalties
Illinois law sets out severe penalties for drug offenses.
If convicted, an individual could face:
- Significant time in jail or prison
- Serious fines and court fees
- Drug education
These penalties, however, will entirely depend on the factors of the case; the type of drug involved, the amount of the drug involved, and the action involved (possession, delivery, etc.). The specific amount of time in jail or prison and fine amounts will vary depending on the classification of substance, its amount, and any prior offenses.
In general, more potent drugs result in more severe jail time and fines. For example, possession and an intent to distribute 150 grams of cocaine can carry a felony sentence of 9 to 40 years in prison and fines of $500,000.& more.
Possession of fewer than 10 grams of marijuana may result in civil offenses, which carry maximum fines of $200, with automatic expungement upon payment.
Illinois classifies drugs as Schedule I, II, III, IV and V drugs. Schedule I and Schedule II drugs carry the longest sentences and most severe penalties. Examples of Schedule I drugs include heroin, LSD, MDMA, PCP, and DMT. Schedule II drugs include codeine, methadone, oxycodone, fentanyl, morphine, and opium.