Drug Charges in Chicago, IL

Chicago Drug Charge Attorney

Drug Charges in Chicago, IL

Possession of a Controlled Substance (PCS) Charges

A person in possession of cocaine, heroin, prescription medication (without a prescription), or "Ecstasy" or "Molly" (MDMA) will be charged with a felony offense. The quantity of the drug a person is in possession of determines what class felony a person can be charged with. Often times a person is in possession of an amount that requires a prison sentence if that person is found guilty.

Therefore, if you are charged with PCS, you should obtain an attorney who is well acquainted with the laws surrounding search and seizures. There are many instances in which law enforcement officers either intentionally or unintentionally violate the law in the process of discovering a person in possession of a drug. In this situation, our attorneys will file a "Motion to Suppress Evidence" in attempt to have the case dismissed. Call Bernard Law for a free consultation. 

Common Drug Charges in Chicago, IL

Possession of a Controlled Substance in Chicago, IL

Possessing a controlled substances is a felony case carrying with it a possible prison sentence. Depending on the type of drug, Illinois law sometimes requires mandatory prison sentences without the possibility of probation. In addition, a person can be charged with a felony offense if they are in possession of prescription medication without a prescription. In most cases, this offense involves being in possession of cocaine, heroin, LSD, ecstasy, methamphetamine, or mushrooms. Of course, the higher amount a person is in possession of a controlled substance, the more severe the consequences. 

Manufacturing/Distributing/Possession with Intent to Distribute a Controlled Substance in Illinois

A person who is arrested and charged with Manufacturing/Distributing a controlled substance faces much more severe penalties. For example, if a person is in possession of up to only 1 gram of heroin with intent to distribute, they can face a possible 7-year prison sentence. The State will need to prove that the person not only was in possession of the drug but that they had the intent to distribute the drug. For example, having the drug in multiple small baggies with scale can be evidence of distribution. 

Possession of Cannabis in Chicago, IL

It is well known that possession of cannabis in the State of Illinois is legal. However, there are still laws in place that restrict the amount of cannabis a person can have in their possession as well as how cannabis can be transported in a motor vehicle. Violating some of these laws can still subject an individual to being arrested.

Cannabis in a Motor Vehicle in Chicago, IL

The State of Illinois requires that cannabis be kept in a sealed, odor proof container while being transported in a motor vehicle. It is a common misconception that the police cannot search a vehicle if they smell an odor of cannabis coming from a vehicle. 

Probable Cause + Drug Crimes

If an officer smells the odor of cannabis coming from a vehicle, they can search the vehicle anywhere where it can be found. Officers commonly use the odor of cannabis as a pretextual basis to search the entire vehicle for evidence of other crimes.

 Frequently Asked Questions: Drug Charges

  • Drug crimes encompass a wide range of offenses, including drug possession, distribution, trafficking, manufacturing, and cultivation of illegal substances or controlled substances without proper authorization.

  • The penalties for drug crimes vary depending on factors such as the type and quantity of drugs involved, prior criminal history, and jurisdiction. They can include fines, probation, mandatory drug treatment programs, community service, and imprisonment.

  • Yes, you can still be charged with a drug crime if you are found to have constructive possession, meaning you had control or knowledge of the drugs, even if they were not physically on your person.

  • No, drugs are classified into different schedules or categories based on their potential for abuse and accepted medical uses. The penalties for drug crimes can vary based on the schedule of the drug involved.

  • Common defenses include challenging the legality of the search and seizure, questioning the chain of custody of the evidence, disputing the ownership or knowledge of the drugs, and raising issues regarding law enforcement misconduct.

  • Generally, if you have a valid prescription for a controlled substance and are using it in accordance with the prescription, you should not face drug charges in Chicago, IL. However, it is important to have proper documentation and use medications as prescribed.

  • Yes, certain drug offenses can be prosecuted at the federal level, especially those involving large quantities of drugs, interstate trafficking, or drug-related activities that cross state or international borders.

  • Yes, possessing drug paraphernalia, such as pipes, syringes, or scales, can be a separate offense and may result in drug-related charges, even if no drugs are present.

  • Sharing prescription medication without a legitimate medical purpose can be illegal and result in drug-related charges, as it may be considered illegal distribution or possession of controlled substances.

  • It is highly recommended to consult with a skilled drug crime defense attorney if you are facing drug-related charges. They can assess your case, protect your rights, build a strong defense strategy, and advocate for the best possible outcome on your behalf.

  • You should consider hiring a drug crime defense lawyer as soon as you become aware of potential charges or an investigation related to drug offenses. Whether you're facing possession, distribution, manufacturing, or trafficking charges, a skilled defense lawyer can provide expert guidance from the initial stages, protect your rights during questioning, gather evidence, and build a strong defense strategy to ensure the best possible outcome for your case.

  • The cost of hiring a drug crime defense lawyer can vary depending on factors such as the complexity of your case, the lawyer's experience, and the services provided. On average, fees can range from a few thousand dollars to several tens of thousands. Some lawyers offer flat fees for specific services, while others charge hourly rates. It's recommended to consult with potential lawyers to get a clear understanding of their pricing structure and the services included in their fees.

  • Choose a drug crime defense attorney by researching their expertise and experience in drug law, assessing their specialization, reputation, and communication skills. Attend initial consultations to evaluate case strategies and resources, while also considering comfort and local knowledge. Prioritize transparency and a strong client testimonial record to make an informed decision.

  • Hiring a drug crime lawyer is crucial if you've been charged or accused because drug charges can result in severe consequences. An experienced lawyer understands the legal nuances, potential defenses, and can safeguard your rights throughout the process. They can negotiate with prosecutors, challenge evidence, and work towards minimizing penalties or even having charges dismissed, ensuring the best possible outcome for your case.

  • To win or reduce drug crime charges, employ strategies such as scrutinizing evidence for flaws, challenging constitutional violations, discrediting witnesses, and negotiating plea bargains for reduced charges or alternative sentencing. An experienced attorney can employ these tactics effectively, increasing your chances of a favorable outcome in your case.

  • Penalties for a drug charge can vary based on factors like the type of drug, quantity, your criminal history, and state laws. They may include fines, probation, mandatory drug education programs, community service, and even imprisonment. Severe cases might lead to lengthy prison sentences and significant fines. Consulting a lawyer is essential to understand potential penalties specific to your situation.

  • Choose Bernard Law, P.C. as your drug crime attorney in Chicago for our extensive experience in handling complex drug cases. Our dedicated team understands the intricacies of drug laws, defenses, and local court procedures. We prioritize your rights, offering personalized attention and a strategic approach to build a strong defense. With a proven track record, we are committed to achieving the best possible outcome for your case.