What is Possession of a Controlled Substance?
In Illinois it is illegal to be in the possession of illegal drugs. Cases like this are commonly referred to as a PCS. Illinois classifies drugs according to Schedules from Class 1 to Class 5. Which class a particular drug is placed depends on who addictive the drug is and whether it has any medical value. Generally, the common street drugs like Cocaine, Crack, Heroin, Ecstasy and Marijuana are considered highly addictive and have no medical value. Those drugs are classified as Class 1 drugs and the Possession of Schedule 1 drugs is treated more severely than the possession of lower class drugs. People that are charged with the Possession of Schedule 2 to 5 drugs are usually facing Prescription Drug Fraud charges. Even when it comes to the Possession of Schedule 1 drugs, the Possession of Marijuana is treated differently than the Possession of other Schedule 1 drugs. What you can be charged with can also depend on your criminal background, the specific facts of the case and the way the arrest happened. That is why that it is very important that you speak to an experienced criminal defense attorney who can evaluate your case from the beginning so he knows how to begin putting together an effective defense.
What Are the Penalties for Possession of a Controlled Substance?
Generally, if you are arrested with Possession of less than 15 grams of a Controlled Substance, you will probably be facing a Class 4 Felony. A Class 4 Felony carries a possible prison sentence of between 1 to 3 years and a maximum fine of $25,000. Probation for a Class 4 felony is possible. The Possession of the following illegal drugs are Class 1 felonies which carry a possible prison sentence of between 4 to 15 years and hefty fines which can be increased depending on the amount of drugs seized:
4-15 Years 6-30 Years 8-40 Years 10-50 Years
Heroin 15-99 grms 100-399 grms 400-899 grms 900+ grams
Meth 15-99 grms 100-399 grms 400-899 grms 900+ grms
Cocaine15-99 grms 100-399 grms 400-899 grms 900+ grms
The “War on Drugs” is alive and well in all our communities. Police are going after anyone in Possession of Illegal Drugs. The legislature is constantly changing the laws and amending the way possession of drugs is classified in Illinois. But the aggressive nature of law enforcement continues. It has become increasingly important that you hire an attorney that has experience handling drug cases and knows what they are doing.
Why Hire Legal Defenders for Your Possession of a Controlled Substance Case?
I have extensive experience representing people charged with Possession of Controlled Substance charges in Illinois. I have won cases that other attorneys would be afraid to even take. For one thing, I understand how difficult it is to be a defendant in a criminal case. If you hire me, you will get my personal cell phone number. If you have any questions you can always call me or send us a text and I will answer your questions. I will keep you informed of what is happening on your case and exactly what I plan to do to help you win your case.
As soon as I obtain all of the evidence from the state I will look at any angle to challenge the evidence seized and the arrest. I will explore whether the police had a right to detain you and conduct a search, especially if the drugs were found in your vehicle, in your residence, or on you. I will challenge the state’s case at every stage and make sure the police did their job.
The ultimate goal is to make sure you do not go to jail and that you avoid having a criminal conviction on your record. There are certain programs and alternative programs that may be available which would avoid a criminal conviction on your record and I will explore all those options as well. I will ask that you also help my by getting us letters from friends, family, clergy and employers or school records or other evidence to help me get you into an alternative program to avoid a criminal conviction.
If you are charged with Possession of a Controlled Substance in Illinois, give me a call. I can help.
James Dimeas is an award winning Chicago criminal defense attorney and author with more than 23 years of experience aggressively representing his clients in possession of controlled substance cases. If you have a possession of controlled substance case in Illinois, contact me in Chicago (312-229-5500), DuPage and Kane (630-504-2096) or Lake (847-696-6458) for a free and confidential consultation to discuss your legal options.
Illinois Controlled Substances Act, 720 ILCS 570/100.