Any Illinois drug crime carries with it potentially harsh consequences. As with any criminal charge, there are varying degrees of severity. For example, possession of a small amount of marijuana will result in less serious consequences than a conviction of cocaine possession with intent to distribute, or drug trafficking. What you may not know is that drug conspiracy is a very serious criminal charge in Illinois, and this drug charge may be deemed a Class X felony with carries no opportunity for probation and guaranteed prison time upon a conviction. Therefore, regardless of what criminal charge is at issue, you should treat each charge as if it has the potential for imposing very long prison sentences. A qualified Chicago Criminal Defense Attorney can provide you with the guidance and answers you need to face your drug conspiracy charge.What is Calculated Criminal Drug Conspiracy in Illinois?
Most people generally understand that a conspiracy means that two or more persons are “conspiring” to engage in conduct that is unlawful. When drugs are involved, the conduct in question has reached an entirely new level. Under Illinois law, 720 ILCS 570/405, a person is guilty of drug conspiracy if he or she (1) is in possession of a controlled substance prohibited by law, manufactures, distributes or delivers a controlled substance, or possesses a controlled substance with intent to manufacture, distribute or deliver, (2) the illegal act is part of a conspiracy undertaken or carried on with two or more persons, and (3) the individual obtains anything of value greater than $500, or the individual organizes, directs, or finances the conduct giving rise to the conspiracy.
If convicted, an individual must forfeit to the State of Illinois anything obtained as part of the conspiracy, and any other interests, claims, receipts, or property rights that had any influence on the conspiracy. Depending on how serious a drug conspiracy charge is, there could be a substantial amount of property that is forfeited if there is any chance the property is related to the conspiracy in any way.
If charged with calculated criminal drug conspiracy under Illinois law, you face conviction of a X felony, with the imposition of fines not to exceed $500,000, jail time of 6-30 years, and the required forfeiture of certain interests and property rights as described above. Because drug conspiracy is a very serious criminal charge, the accused individual needs a skilled Chicago Criminal Defense Attorney standing by to fight the criminal charge to the fullest extent possible.How Drug Conspiracy is Different From Other Drug Crimes
Most criminal drug charges in Illinois only deal with one defendant, such as individuals charged with possession of a controlled substance, delivery of a controlled substance, or even drug trafficking. While multiple people may be involved in these other drug crimes, drug conspiracy is unique in that co-defendants may be tried together. When two or more defendants are involved in one criminal case, this can make a case complicated and there is a chance that one defendant may turn against another defendant. This often occurs when one defendant enters into a plea agreement to accept a lesser criminal conviction in exchange for testifying against another defendant.
Also, if convicted, a defendant may be held responsible for the acts of his or her co-conspirators. This makes drug conspiracy an especially serious criminal charge in Illinois. As such, if you have been charged with drug conspiracy in Illinois, you need to immediately contact David L. Freidberg who can protect your rights, and advise you on what action to take that will result in the best possible outcome. You should not be held responsible for another defendant’s conduct if you played no actual role in the illegal acts involved in the conspiracy. We will thoroughly review the evidence to ensure you have not been wrongfully charged.
You should also know that the threshold for the evidence required in a drug conspiracy case is quite low. While most drug charges require that the accused has committed some overt act, with drug conspiracy, no overt act is required of all individuals involved. For example, if you are charged with delivery of a controlled substance, the act of delivering a controlled substance is an overt act. On the other hand, with drug conspiracy, a plan alone is sufficient to prove a conspiracy exists that is in furtherance of illegal conduct, even if that conduct has not yet occurred, and even if the conduct was solely committed by another defendant. All defendants are at risk for conviction, being held one hundred percent responsible for the acts of each defendant involved.
You may have a number of defenses available to you for your drug conspiracy charge, and your Chicago Criminal Defense Attorney will thoroughly explain what each of these potential defenses are. Perhaps you had no knowledge of any drug conspiracy and you were in the wrong place at the wrong time. Your attorney will use this key information to demonstrate that no other facts exist to prove that you were involved in a drug conspiracy.Circumstantial Evidence
With drug conspiracy in Chicago, Illinois, circumstantial evidence is sufficient to prove a conspiracy existed however, the circumstantial evidence must be quite substantial. Further, proof of a formal agreement between two or more persons allegedly involved in a drug conspiracy is not required. This means there is a chance individuals are convicted when there is no tangible proof of the conspiracy. For these reasons, it is imperative that your attorney fight the credibility of any circumstantial evidence presented by the prosecutor in your case. When your future is at risk, you need the best to help you defend your drug conspiracy charge in Illinois.Contact Chicago Criminal Defense Attorney David L. Freidberg Today to Schedule Your Free Confidential Consultation
Any drug charge can be detrimental to your future, and you could face serious prison time. However, with a drug conspiracy charge, the stakes are much higher, and the consequences could be much worse than simply possession or distribution of a small amount. If you or a loved one has been charged with drug conspiracy in Illinois, you should consider contacting us as soon as possible. When more than one person is involved in an alleged crime, the evaluation and investigation of your case may be much more complicated than other criminal cases. Therefore, you need an attorney who has successfully defended clients facing drug conspiracy charges.
With more than 20 years of experience protecting the rights of his clients, Chicago-based criminal defense attorney David L. Freidberg has the skill and dedication to help you overcome your criminal charges and reach the best possible outcome. While there is never a guarantee that a criminal charge will be dismissed or that a charged individual will avoid prison time, the sooner you speak with David L. Freidberg, the more he can do to help you reach a favorable result, whether that means dismissal of the criminal charge, or a negotiated agreement to admit to a lesser charge. To discuss your criminal charge with David L. Freidberg, contact our office today by calling (312) 560-7100 to schedule a free confidential consultation, or you may contact us via email and we will respond to your inquiry right away. We are available 24/7 for your convenience.