Drug Crimes Lawyer in Chicago

What are Drug Crimes in Chicago, IL?

There are a variety of drug crime charges you can face in Chicago, IL. The most common ones include:

• Possession of Drug Paraphernalia: This is usually a Class A misdemeanor and it involves knowingly possessing items intended for use in producing, concealing or consuming controlled substances (excluding cannabis-related items, under current Illinois legal limits).
• Possession of a Controlled Substance: This is usually a felony offense, ranging from a Class 4 felony offense to a Class 1 felony, depending on the substance and the amount of the drug found in your possession.
• Possession with Intent to Deliver: You can be charged with this felony offense when law enforcement believes you possessed illegal drugs, not for personal use, but to sell or to give to others. The penalties you will face will depend upon the type of the drug, the quantity you possessed and where you were when you were arrested.
• Drug Trafficking: This offense is usually charged as a Class 1 or Class X felony offense. It involves knowingly bringing controlled substances into Illinois with the intent to manufacture or deliver them.

Common Drugs in Chicago Criminal Cases

While an Illinois drug charge can involve a variety of different controlled substances, some common drugs in Chicago criminal cases include:

• Cocaine: It is a Class 4 felony to possess less than 15 grams, a Class 1 felony to possess 15-99 grams, a Class 1 felony to possess 100-399 grams, a Class 1 felony to possess 400-899 grams or a Class 1 felony to possess 900+ grams. The penalties you face will increase, however, depending on how much cocaine was found in your possession.
• Marijuana: You are legally allowed to possess up to 30 grams of cannabis flower, 5 grams of cannabis concentrate or 500 mg of THC in edibles. You can be charged with a Class B misdemeanor, however, if you were found in possess of 10-30 grams of marijuana, a Class A misdemeanor if you were found in possession of 30-100 grams, a Class 4 felony if you were found in possession of 100-500 grams, a Class 3 felony if you were found in possession of 500-2,000 grams, a Class 2 felony if you were found in possession of 2,000-5,000 grams or a Class 1 felony if you were found in possession of over 5,000 grams.
• Heroin: It is a Class 4 felony if you are found in possession of less than 15 grams of heroin, a Class 1 felony if you are found in possession of 15 to 100 grams of heroin, a Class 1 felony if you are found in possession of 100 to 400 grams of heroin, a Class 1 felony if you are found in possession of 400 to 900 grams of heroin or a Class 1 felony if you are found in possession of 900+ grams of heroin. The penalties you will face will increase depending on how much heroin was found in your possession.
• Prescription Drugs: Depending on the amount of unauthorized prescription drugs that are found in your possession, you could be facing a Class 4 to Class X felony offense. Common drugs involved in these types of cases include Xanax and hydrocodone.
• Synthetic Drugs: These can include synthetic cannabinoids, bath salts and “look-alike” substances. If a substance isn’t listed by name, it can still be rendered illegal if it is chemically similar to a controlled substance.
• Ecstasy: Possession of any amount of ecstasy is a felony offense. For under 15 grams, you are facing a Class 4 felony offense, for 15-100 grams, you are looking at a Class 1 felony, for 100-400 grams, you are looking at a Class 1 felony, for 400-900 grams, you are facing a Class X felony or for 900+ grams you are facing a Class X felony. Additionally, you can face more severe charges if it is believed that you delivered or manufactured ecstasy.
• Meth: It is a Class 3 felony offense if you possessed less than 5 grams of meth but this charge can be elevated all the way up to a Class X felony offense if you possessed over 100 grams of meth.

Felony vs. Misdemeanor Drug Charges

The factors that will determine whether your drug offense is a felony or a misdemeanor include:

• The Type of Drug Found in Your Possession
• The Amount (Weight) of the Drug in Your Possession
• Your Intention (Possession vs. Distribution)

Most crimes involving Schedule I or Schedule II drugs–Heroin, Cocaine, Fentanyl, Meth– will almost always be felony offenses. Regardless of what type of drug or the amount of drug that is believed to have been in your possession, you are not without options.

At Combs Waterkotte, we are prepared to evaluate the circumstances surrounding your drug arrest, examine the so-called evidence against you and work to reduce your charges, if possible. We are skilled at disputing intent to distribute, negotiating for misdemeanor offenses or seeking alternative sentencing, when it serves your best interests.

Drug Crime Investigation Tactics in Chicago

Drug crime investigations can involve a variety of tactics in Chicago. Some of these include:

• Traditional surveillance: This can include physical surveillance teams, undercover officers and visual monitoring, such as pole cameras or stakeouts.
• Advanced technology and digital surveillance: This can include GPS tracking, automated license plate readers, cell site simulators, real-time crime centers, dark web investigations and other high-tech monitoring tools used by law enforcement.
• Informant usage: Informants are used to facilitate direct sales or controlled sales to build cases against dealers.
• Social media monitoring: This is to monitor drug conflicts that often lead to gun violence or to track illegal activities such as money laundering.
• Vehicle and pedestrian stops: Police conduct traffic and pedestrian stops in high-crime areas.
• Multi-agency task forces: This can include local agencies, the FBI and The DEA Chicago Field Division.

Regardless of what circumstances were involved in your Chicago drug investigation/arrest, our legal team at Combs Waterkotte is prepared to conduct our own investigation to make sure your rights weren’t violated in any way. If any evidence against you was obtained illegally, we may be able to file a motion to suppress and to seek a case dismissal.

Your Rights During a Chicago Drug Arrest

After a drug arrest in Chicago, it is important that you realize that you have several legal rights you can invoke that will help protect your defense.

These rights include:

• The Right to Know Why You are Being Arrested: You have the legal right to know why you are being arrested or detained. Even when a traffic stop or a “stop and frisk” procedure is involved, you have the right to be informed of the reason for your arrest or detention.
• The Right to Remain Silent and Avoid Self-Incrimination: This is your right under the Fifth Amendment and the Illinois Constitution. You don’t have to answer police questions or provide information that could be used against you. You can clearly state, “I am remaining silent and want a lawyer.” You are also not required to admit ownership or knowledge of any alleged drugs.
• The Right to Refuse Consent to Search: Under the Fourth Amendment, you can refuse consent to a search of your person, vehicle or home. Police must have a warrant or probable cause to search you.
• Protection Against Illegal Searches and Seizures: If evidence is obtained in your case without a valid warrant, consent or a recognized exception, then it may be inadmissible in court and could lead to a reduction or dismissal of your drug charges.
• The Right to Legal Representation: As soon as law enforcement gets involved, you should invoke your right to legal representation. With a criminal defense lawyer in your corner, your attorney can help prevent self-incriminating statements and begin building a strong defense strategy. This can include negotiating for reduced charges or alternative sentencing such as admittance into a drug diversion program.
• The Right to Challenge the Evidence Against You: Under the 4th, 5th and 6th Amendment, you have the right to contest the admissibility or reliability of evidence collected against you. You may be able to have evidence suppressed that was obtained during an illegal search or question the chain of custody or lab results.

Penalties for Drug Crimes in Chicago

If you are facing drug-related charges in Illinois, you can expect the following penalties, depending on the type of substance, weight of substance and the specifics surrounding your offense.

• Possession of Drug Paraphernalia: Usually a Class A misdemeanor, this offense comes with up to a year in jail and a fine between $750-$2,500.
• Possession of a Controlled Substance: The penalties you are facing will depend upon what type of drug is found in your possession. If, for example, you are found in possession of a Schedule I or II drug, then you are facing either a Class 4 felony offense or a Class 1 felony, depending upon the amount of controlled substance found in your possession.
• Possession with Intent to Deliver: For Schedule I or II drugs, you can expect to face a Class 2 felony charge, with 3-7 years in prison and a fine up to $200,000 when less than a gram is found in your possession. If 1 to 15 grams of the controlled substance was found in your possession, then you are facing a Class 1 felony with 4-15 years in prison and up to a $250,000 fine. If 15 to 100 grams of the controlled substance was found in your possession, then you are facing a Class X felony offense and 6-30 years in prison and a fine up to $500,000. If 100+ grams were found in your possession, then you are facing 9-60+ years in prison and up to $500,000 in fines.
• Trafficking: The importing of controlled substances, you will be facing a Class 1 felony for 1-15 grams of heroin, cocaine or fentanyl. This comes with 4-15 years in prison and up to a $250,000 fine. If 15+ grams were discovered, then you will be facing a Class X felony with a prison sentence of 12-120 years and up to a $500,000 fine. Or if it is discovered you had 5-15 grams of meth on you, you will face 12-60 years in prison.

For cannabis delivery or trafficking, the penalties you will face will depend upon the quantities in your possession. While it is a Class 4 felony offense to have 10-30 grams of marijuana on you and you will face 1-3 years in prison, it is a Class X felony to have 5,000+ grams of marijuana on you, and this will result in 8-30 years in prison.

Because the penalties you will face in your drug case depend largely upon the type of drug, the amount of drug and the alleged intent, it is best to immediately contact our Chicago drug crimes lawyer so we can begin building the best defense on your behalf.

Diversion Programs and Alternative Sentencing in Chicago

You could be eligible for a variety of diversion programs in Chicago, if you are a non-violent, first time drug offender.

These programs help you avoid felony convictions and prison time and they include:

• Narcotics Arrest Diversion Program: This is a police-led program where an offender with a low-level possession of substances such as heroin, fentanyl or meth can avoid jail by engaging in treatment.
• Felony Deferred Prosecution Program: This is a 12 month program for first-time, non-violent offenders. With this option, the offender receives education, employment support and community service and has his charges dismissed.
• 410 Probation (First-Time Drug Offender): This allows individuals charged with certain possession offenses to avoid a conviction on their record when they successfully complete probation.
• Drug Treatment Court Programs: This involves treatment for drugs, routine testing and strict supervision for two years.
• FOCUS (First Offender Call Unified for Success): This is a two-year probation program designed to help first-time drug offenders avoid prison through treatment and supervision.