Chicago Criminal Lawyer Blog
Defending Against Possession With Intent to Deliver a Controlled Substance in DuPage County, Illinois
DuPage County, Illinois, located in the western suburbs of Chicago, is known for its strict enforcement of laws aimed at protecting minors from drug-related offenses. One of the most severe charges an individual can face under Illinois law is possession with intent to deliver a controlled substance. This offense carries significant penalties, including mandatory prison sentences and long-term consequences. If you are accused of delivering a controlled substance to a minor in DuPage County, it is crucial to understand the law and secure a defense lawyer who can help protect your rights and future.
At The Law Offices of David L. Freidberg, we provide dedicated legal representation for individuals facing drug-related charges, including allegations involving minors. With decades of experience, we are well-versed in Illinois drug laws and committed to achieving the best possible outcome for our clients.
Understanding 720 ILCS 570/407.1: Unlawful Delivery of a Controlled Substance to a Minor
The unlawful delivery of a controlled substance to a minor is a serious criminal offense in Illinois. Under 720 ILCS 570/407.1, it is illegal to knowingly deliver or distribute a controlled substance to anyone under the age of 18. The law is designed to protect minors from the dangers of drug use and trafficking by imposing harsher penalties on those who involve them in illegal activities.
The statute covers a wide range of substances, including:
- Cocaine, heroin, and methamphetamine
- LSD and ecstasy
- Prescription medications like opioids and stimulants, when delivered without a valid prescription
- Marijuana, when delivered in quantities exceeding Illinois’ legal limits
Penalties for this offense depend on the type and quantity of the drug involved but are generally classified as Class X felonies, the most severe felony classification in Illinois aside from first-degree murder.
Penalties for Delivering Controlled Substances to a Minor in Illinois
A conviction for unlawful delivery of a controlled substance to a minor carries severe consequences. Class X felony convictions for this offense typically result in mandatory prison sentences ranging from 6 to 30 years. However, enhancements may apply depending on the circumstances, including:
- Delivery near a school, park, or public housing
- Involvement of a minor in drug trafficking activities
- Delivery of large quantities of particularly dangerous substances, such as heroin or methamphetamine
In addition to prison time, individuals convicted of this offense may face fines of up to $25,000 or the street value of the drugs involved, whichever is greater.
The impact of a conviction extends far beyond legal penalties. A criminal record for a Class X felony can make it difficult to find employment, secure housing, or pursue educational opportunities. For non-citizens, this conviction can lead to deportation or denial of reentry into the United States.
How Drug Cases Involving Possession Begin
Drug cases involving possession often start with investigations by law enforcement agencies, which may involve undercover operations, surveillance, or tips from informants. Schools, parents, or community members may also report suspected drug activity, prompting police action.
Once law enforcement gathers evidence, they may execute search warrants or make arrests. Defendants are then charged and booked into custody. The legal process begins with an arraignment, where charges are formally read, and the defendant enters a plea of guilty or not guilty.
The Criminal Case Process in Illinois
After the initial arrest and arraignment, drug cases involving minors proceed through several stages:
- Discovery: Both sides exchange evidence, such as police reports, witness statements, and any seized substances.
- Pre-trial motions: Defense attorneys may file motions to suppress evidence obtained through illegal searches or dismiss charges due to procedural errors.
- Trial: If the case goes to trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
Throughout this process, having an experienced defense attorney is critical. They can identify weaknesses in the prosecution’s case and build a strong defense to challenge the charges.
Legal Defenses for Unlawful Delivery of a Controlled Substance to a Minor
Defending against charges under 720 ILCS 570/407.1 requires a tailored approach based on the specific facts of the case. Potential defenses include:
- Challenging the evidence: The prosecution must prove that the substance was delivered knowingly and to a minor. If evidence is circumstantial or improperly obtained, it can be challenged.
- Entrapment: If law enforcement induced the defendant to commit the crime, this could serve as a valid defense.
- Mistaken identity: In cases involving surveillance or eyewitness testimony, mistaken identity can be raised as a defense.
- Lack of knowledge: The defense can argue that the defendant was unaware of the presence of the drugs or the age of the recipient.
Why You Need a Criminal Defense Attorney
Facing charges for delivering a controlled substance without our experienced criminal defense lawyer puts you at a significant disadvantage. Illinois drug laws are complex, and the prosecution will aggressively pursue convictions in cases involving minors. A skilled attorney can:
- Protect your rights throughout the investigation and trial
- Challenge unlawful searches and seizures
- Negotiate with prosecutors to reduce or dismiss charges
- Present a compelling defense in court
At The Law Offices of David L. Freidberg, we fight tirelessly to protect our clients and provide the defense they need to move forward with their lives.
Why You Should Choose The Law Offices of David L. Freidberg
Facing charges for the possession with the intent to deliver a controlled substance is one of the most serious challenges you can face. The consequences are severe, but with the right defense, it’s possible to protect your rights and secure a better outcome.
We provide personalized attention, aggressive defense strategies, and a commitment to achieving the best possible results. Our team is available 24/7 to answer your questions and provide guidance through every step of the legal process. The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a drug crime 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.
