Drug Crime Defense Lawyer in Chicago
The Kuchinski Law Group understands the complexity of drug laws in Illinois and the severe consequences associated with a drug charge conviction. Our goal is to provide our clients with the best possible legal representation, which includes thorough case preparation and analysis, experienced trial advocacy, creative negotiation tactics, and vigorous defense strategies.
Our attorneys will work tirelessly as your drug charge lawyer and ensure your rights are fully protected and your best interests well represented throughout the legal process. We also understand how to build a strong defense case to get the best possible outcome for our clients. Don't hesitate to contact the Kuchinski Law Group for a free consultation.
Types Of Drug Charges
In Illinois, drug offenses are referred to as controlled substance offenses. They can be divided into several groups, including the ones listed below:
- Possession of drugs: The consequences depend on the type of substance and the amount an individual is found to possess. This can result in misdemeanors or felonies, depending on the classification and quantity. Contacting a Chicago drug crime defense lawyer against these allegations is essential.
- Trafficking for the purpose of distribution: This offense is typically charged when an individual is found to be transporting large amounts with the intent to distribute them.
- Drug manufacturing: This is a severe offense in Illinois and is punishable by up to 30 years in prison. This type of charge is typically brought against individuals who are found to be producing illegal substances such as methamphetamine. A Chicago drug crimes attorney can help defend against these charges.
- Possession of drug paraphernalia: This includes items used to produce, store, or consumption, such as pipes, bongs, syringes, etc.
- Illegal manufacture and Possession of a controlled substance: This type of charge may be brought against individuals found to be producing, selling, or possessing drugs without a prescription.
Illinois State Drug Laws
According to Illinois law, producing, delivering, or having access to a controlled substance is illegal. Substances are classified as either Schedule I, Schedule II, Schedule III, or Schedule IV under the Illinois Controlled Substances Act. A substance that falls under Schedule I of the Controlled Substances Act has the following characteristics:
1) A high potential for abuse;
2) Neither a recognized medical use in treatment in the United States nor a recognized safety for treatment under medical supervision. (720 ILCS 570/203.)
Although schedules II, III, and IV are thought to have medical usefulness, misuse is still a significant concern.
Controlled substances on Schedule I include:
- Heroin
- Psychedelic mushrooms
- Methamphetamine
- Cocaine
- Ecstasy
- LSD
- Peyote
Federal Drug Crime Penalties
Drug crimes in the United States are prosecuted under both federal and state laws. Depending on the severity of the offense, a conviction may result in harsh penalties. The federal government has several statutes that deal with these offenses, and the punishments for violating them can vary greatly depending on the type and amount of substance involved.
For simple possession of a controlled substance, the penalties can range from fines to imprisonment for up to one year. Depending on the amount involved, more severe charges may be filed and carry sentences of up to five years or longer in prison.
For trafficking or selling large amounts, sentences may range from 10 years to life in prison and hefty fines. Additionally, many federal laws carry mandatory minimum sentences, meaning that a judge must impose at least a certain amount of time in prison if convicted.
Some factors can lead to a harsher sentence regarding federal drug crime penalties. These can include possessing or distributing near a school or playground, using a firearm during a drug crime, or engaging in an organized criminal activity related to drugs. It's important to remember that even first-time offenders may be subject to heavy penalties in the US.
Contact us today for a free consultation.
Defenses That Could Reduce Drug Charges in Illinois
In Illinois, various defenses can help reduce the penalties. Some of the most common include:
- Lack of Knowledge or Intent: If you were unaware that the drugs were in your Possession or that you were unaware that the substance was illegal, this could be used as a defense.
- Unlawful Search and Seizure: Police must follow specific search procedures. If the police violate these procedures, it could result in an unlawful search and seizure, leading to the evidence being excluded from the trial.
- Entrapment: If law enforcement agents induce an individual to commit a crime they would otherwise be unlikely to commit, entrapment could be used as a defense.
- Prescription Drugs: This could be used as a defense if you had a valid prescription and were using it as directed.
- Improper Lab Testing: This could be used as a defense if the lab testing was done improperly.
- Insufficient Evidence: If there is insufficient evidence to support the charges against you, this could be used as a defense.
It is crucial to speak with an experienced criminal defense lawyer who can evaluate your case and determine which defense(s) may apply to your situation. A qualified attorney can also help ensure that your rights are protected throughout the entire process.
Experienced Criminal Defense Lawyer For Drug Prosecutions
With Kuchinski Law, you don't have to worry about searching for a drug possession lawyer near me. Our attorneys understand the intricacies of the criminal justice system and are devoted to obtaining the best possible outcome for our clients.
We know current laws, court rules, sentencing guidelines, and evidence rules that may apply to your case. As a result, you can rest assured that our team is fully equipped to provide you with the most effective defense.
