Protecting Your Rights Against Prescription Drug Charges in DuPage County, Illinois
In DuPage County, Illinois, charges for possessing prescription drugs without authorization are serious offenses under the Illinois Controlled Substances Act (720 ILCS 570/406). Cities like Aurora, Lombard, and Hinsdale have seen an increase in such cases as law enforcement agencies target drug misuse aggressively. While many individuals charged with these offenses had no malicious intent, the legal consequences remain severe.
Illinois Laws Governing Prescription Drug Possession
Under Illinois law, unauthorized possession of prescription drugs is a criminal offense. Controlled substances are divided into schedules, with higher schedules reflecting greater potential for abuse. The charges you face will depend on the drug’s classification and the quantity involved.
For instance:
- Schedule II substances: Drugs like oxycodone and hydrocodone carry harsher penalties due to their addictive nature.
- Schedule IV substances: Drugs like Xanax and Valium may lead to misdemeanor charges in small amounts but escalate to felony charges if found in significant quantities.
Possession of any controlled substance without a valid prescription can result in:
- A Class A misdemeanor, with penalties of up to one year in jail.
- A Class 4 felony, punishable by one to three years in prison for more severe offenses.
Illinois courts also consider aggravating factors, such as prior convictions, which can increase the severity of sentencing.
How Charges Typically Arise
Possession charges frequently stem from routine police interactions, such as:
- Traffic stops: Where officers search vehicles and find prescription pills.
- Investigations: Following prescription fraud or misuse of medications.
- Arrests for other crimes: Leading to the discovery of unauthorized drugs.
In DuPage County, local law enforcement collaborates closely with prosecutors to build cases. Unfortunately, this often leads to individuals being overcharged or wrongfully accused.
Federal Implications of Drug Possession
In some cases, possession of prescription drugs may trigger federal charges. This is common when large quantities of drugs are found, or if the case involves interstate trafficking. Federal penalties are often more severe, with lengthy prison sentences and substantial fines.
Evidence Used in Prescription Drug Cases
Prosecutors rely on a variety of evidence, including:
- Physical evidence: Pills, bottles, or packaging.
- Electronic evidence: Communications suggesting unlawful possession or distribution.
- Witness testimony: Statements from informants or co-defendants.
- Prescription records: Evidence indicating misuse or lack of authorization.
An experienced attorney will scrutinize this evidence to identify weaknesses and build a strong defense.
Why You Need a Lawyer
Attempting to handle these charges alone can lead to devastating results. Our Chicago drug crime attorney can:
- Challenge the legality of searches and seizures.
- Present evidence of a valid prescription.
- Negotiate favorable plea agreements or argue for case dismissal.
Defenses Against Prescription Drug Charges
Common defenses include:
- Lack of intent to possess the substance.
- Misidentification of the substance by law enforcement.
- Improper handling of evidence by police or prosecutors.
An attorney’s ability to present these defenses effectively can make a significant difference in the outcome of your case.
Call the Law Offices of David L. Freidberg for Drug Possession Defense in DuPage County, Illinois
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of drug possession in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.