Chicago Criminal Lawyer Blog
Facing drug possession charges in DuPage County can be overwhelming. With its strict enforcement of Illinois drug laws, including statutes outlined in the Illinois Controlled Substances Act (720 ILCS 570/), a conviction can lead to severe penalties, including jail time, fines, and a permanent criminal record. If you’re accused of drug possession, having a skilled defense lawyer familiar with local laws and courts is essential.
Illinois Drug Possession Statutes and Penalties
Illinois drug possession laws categorize offenses by drug type and quantity under 720 ILCS 570/402. Controlled substances are divided into five schedules, with Schedule I and II drugs carrying the most severe penalties.
- Class 4 Felony: Possession of less than 15 grams of heroin, cocaine, or methamphetamine may result in 1-3 years of imprisonment and fines up to $25,000.
- Class 1 Felony: Possession of 15-100 grams of heroin or cocaine can lead to 4-15 years in prison and up to $200,000 in fines.
- Misdemeanor Possession: Cannabis possession under 30 grams is often charged as a civil violation, but repeat offenses can be classified as misdemeanors.
Federal drug possession charges may apply when larger drug quantities are involved or if possession occurs on federal property under 21 U.S.C. § 844. Federal offenses can carry mandatory minimum sentences and enhanced penalties for repeat offenders.
How Drug Possession Cases Begin in DuPage County
Drug possession cases often start with a law enforcement investigation, traffic stop, or search warrant execution. Officers must establish probable cause before making an arrest. After the arrest, the case proceeds through the following steps:
- Booking: The suspect is taken into custody and formally charged.
- Arraignment: The defendant appears in court and enters a plea.
- Pre-Trial Motions: Defense attorneys can challenge the legality of the search or arrest.
- Trial: If no plea deal is reached, the case moves to trial where the prosecution must prove guilt beyond a reasonable doubt.
Consequences of a Drug Possession Conviction
A conviction for drug possession can have serious effects beyond jail time and fines:
- Criminal Record: A permanent record can affect employment and housing opportunities.
- Driver’s License Suspension: Certain drug convictions may lead to a license suspension.
- Professional Consequences: Those with professional licenses may face disciplinary actions.
How a Defense Attorney Can Help
An experienced criminal defense attorney can assess whether your constitutional rights were violated, negotiate plea agreements, and build a strong defense based on the evidence.
Potential Defenses to Drug Possession Charges
- Unlawful Search: If the drugs were obtained without a valid warrant, evidence may be suppressed.
- Lack of Possession: The drugs were not in your actual control or knowledge.
- Entrapment: The defendant was coerced into committing the crime by law enforcement.
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.
