Delivery of a Controlled Substance
While Illinois law enforcement agencies and prosecutors take all drug offenses extremely seriously, there is particular focus on drug offenses that are associated with “drug dealing,” which include but are not limited to the delivery of a controlled substance, possession with intent to distribute and manufacturing controlled substances. If you are charged with any of these types of Illinois drug crime offenses, it is important to seek legal advice from an experienced Chicago drug crimes attorney who can evaluate law enforcement procedural tactics to identify violations of your constitutional rights and conduct an investigation to expose other weaknesses in the prosecution’s case. Any person who has been arrested for any offense that is considered a form of trying to transfer or sell drugs to others should IMMEDIATELY ASSERT YOUR RIGHT TO REMAIN SILENT AND REQUEST LEGAL REPRESENTATION BEFORE SPEAKING TO THE POLICE.
Chicago drug manufacturing and delivery attorney David L. Freidberg has over 20 years of legal experience and has handled thousands of drug cases. His record of success, which includes acquittals at trial, in drug cases speaks for itself. We use a team of investigators and forensic experts to carefully review the evidence so that we can construct the most persuasive defense for our clients. This defense may be based on lack of evidence, unreliability of witnesses, improper police action or a range of other grounds. The bottom line is that we pursue all potential defenses to minimize the adverse consequences of intent to deliver, delivery or manufacture of a controlled substance charges.Distinguishing Possession with Intent to Deliver, Delivery and Manufacturing of a Controlled Substance
Possession of illegal narcotics is a felony under Illinois law that carries a penalty of a year or more in state prison. However, anyone facing charges of possession with intent to deliver is looking at far more serious penalties. An Intent to Deliver charge essentially means that the accused was going to sell (i.e. deliver) the illegal drug. In cases where the transaction has already occurred, the accused will be charged with Delivery of a Controlled Substance. Even if no money exchanges hands, just the transfer of a controlled substance to another person will be considered a delivery. Finally, the charge of Manufacturing of a Controlled Substance refers to precisely what it describes which is using materials or chemicals to produce a controlled substance.
The prosecutor may use a variety of forms of evidence to establish the intent to transfer a controlled substance to another person, but the transfer can be an intended constructive transfer rather than an actual physical exchange. The prosecutor also can prove an intent to deliver charge even though no money was exchanged and the drugs were never actually delivered.
While these charges often are based on the quantity of the drug in one’s possession, this Chicago drug offense may also be established based on drug paraphernalia suggesting an intent to sell the drugs, such as postal scales, possession of common cutting agents and baggies or balloons. Because these types of ordinary household items do not establish criminal behavior taken in isolation, they are often offered as additional evidence along with the quantity of narcotics in a person’s possession. Generally, the possession part of the charge is based on the production of factual evidence while the intent to deliver portion of the charge is most typically proven based on circumstantial evidence, such as the way the drugs are packaged or recovery of substantial amounts of cash.
While there are many drugs that may be the subject of a charge of intent to deliver, some of the most common include:
- Prescription Drugs
While cocaine, whether in crack or powder form, is by far the most common drug involved in possession with intent to deliver cases, methamphetamines and heroin are the second most common.Penalties and Other Consequences for the Criminal Offense of Delivery of Illegal or Illicit Drugs
The criminal offenses of delivery, intent to deliver and manufacturing carry the following significant penalties under Illinois law:
- Under a Gram: This constitutes a Class 2 Felony which may result in incarceration in state prison for a 3 to 7 year term and a fine of up to $200,000. Mr. Freidberg may be able to obtain probation depending on the specific facts of your case.
- From 1 to 15 Grams: This quantity of a controlled substance may carry a sentence from 4 to 15 years in the Department of Corrections along with a maximum fine of $250,000. It constitutes a Class 1 Felony. When you are charged with possession with intent, manufacture or delivery of this quantity of drugs, you may be eligible for probation.
- From 15 to 100 Grams: If you are accused of a violation involving this quantity of drugs or more, it is especially imperative to obtain immediate legal representation. This quantity constitutes a Class X Felony (also called “Super X”), which makes you ineligible for probation. This means that regardless of the facts of your case or your prior criminal history the judge has no authority to give you probation. The judge must impose a mandatory minimum sentence of six years of imprisonment and can sentence a defendant up to thirty years. The fine for this Class X and all enhanced Class X Felonies below may be up to $500,000.
- From 100 to 400 Grams: This level of offense is referred to as an enhanced Class X Felony, which can result in a period of incarceration from nine to thirty years. A conviction of this level of offense like Class X Felonies disqualifies the defendant from receiving probation. However, the punishment for these offenses exceeds the standard Class X sentence.
- From 400 to 900 Grams: When you are arrested with this amount of illegal drugs, you also will be charged with an enhanced Class X Felony with exposure to a period of incarceration from twelve to fifty years and the same fine as the enhanced Class X Felony above.
- Amount Exceeding 900 Grams: This enhanced Class X Felony may result in punishment of from fifteen to sixty years in state prison. Like the Class X and Super X Felonies above, probation is not available.
If you are charged with the manufacturing of drugs, possession with intent to deliver or delivery of a controlled substance, the issue that must be carefully evaluated is whether to proceed to trial and risk a conviction carrying a long period of incarceration in state prison or to push for probation. Even if you are charged with a Class X or Super X Felony, Mr. Freidberg may be able to get the charged reduced to a Class 2 Felony so that you qualify for probation which may keep you out of jail or state prison.
Chicago Intent to Deliver Defense Attorney David L. Freidberg knows the most effective approach to obtaining an offer of probation is to aggressively prepare for trial. Mr. Freidberg may attack the search that discovered the drug as a violation of the Fourth Amendment on a variety of grounds including:
- Requirements for claiming exception to the warrant requirement not met
- Lack of reasonable suspicion to justify a stop on the street or pulling over a vehicle
- Inaccurate information or fabricated information in the application for the search warrant
- Search exceeded the scope of the warrant
- Permission obtained for a consent search was provided by someone without authority to consent
- Exigent circumstances did not exist because the suspect was restrained
These are just a few of the legal theories our Cook County drug manufacturing attorneys may employ to seek the exclusion of critical evidence obtained during an unlawful search. We may also seek exclusion of incriminating statements obtained without compliance with Miranda warnings or through overly coercive interrogations. Whether it is challenging the procedures engaged in by law enforcement officers or attacking the factual evidence, such as unreliable witness testimony, Mr. Freidberg fights aggressively for the freedom and future of his clients.
At the Law Offices of David L. Freidberg, P.C., we know that a conviction for serious drug charges associated with the delivery or manufacturing of narcotics can have life-altering effects on our client’s future so we leave no stone unturned in exposing weaknesses in the prosecutor’s case and seeking the best possible outcome for our clients. When we are successful in getting the judge to suppress key evidence like the drugs or paraphernalia, we may be able to obtain a dismissal or acquittal so that you do not suffer an Illinois narcotics conviction. When this is not realistic, we challenge the evidence and conduct of police so that we can obtain the best reduction in charges and/or penalties for our clients. We provide a free initial consultation, so give us a call today at 312-560-7100 or email us so that we can begin protecting your career, future and freedom.