DuPage County Cocaine Trafficking

DuPage County Cocaine Trafficking

Cocaine trafficking or possession with intent is a serious crime in DuPage County, Illinois. If you have been arrested on these charges you need to contact an experienced criminal defense attorney right away. Read on to find out how we can help you.

Cocaine Trafficking

There is a war on drugs raging in DuPage County, Illinois. Criminal prosecutors are going hard after anyone suspected of cocaine trafficking, manufacturing, or consuming. Being found guilty and being sentenced can mean harsh fines, and years in prison. Additionally, a felony drug conviction also means being saddled with a criminal record that is permanent, which can make it extremely difficult to find employment, finish school, or obtain to a mortgage or other housing opportunities. This is why any charge for a drug offense needs to be taken with the utmost seriousness, and more importantly, the case needs to be handled by an experienced DuPage County criminal defense attorney.

At the Law Offices of David L. Freidberg, we will start work on your case immediately, providing you with the expertise and professionalism you need to succeed. Our criminal defense attorneys are knowledgeable in the laws that distinguish the difference between ownership and possession of cocaine in DuPage County, Illinois.

DuPage County, Illinois Cocaine Trafficking Law

Under the Illinois Controlled Substance Trafficking Act, any individual who is arrested for drug trafficking in DuPage County, Illinois is often charged with possession, with intent to distribute. Drug-related crimes in DuPage County are prosecuted in the Circuit Court by the DuPage County State’s Attorney’s office. If someone has been arrested for a cocaine trafficking charge, it is imperative that they make no statements to law enforcement. Any statements can be used against the defendant in court. Every defendant has the right to an attorney during questioning by the police, in addition to the absolute right to remain silent. The prosecution will take all measures to obtain evidence and witnesses to incriminate the defendant. This calls for a knowledgeable and aggressive criminal defense lawyer who will vigorously fight the charges being levelled against you.

DuPage County criminal defense lawyer David L. Freidberg has more than 20 years of experience in handling complex drug related charges. We have represented thousands of clients and are experts in crafting a defense using creative investigative techniques that will assist you against the charges of cocaine trafficking.

Defining Possession of Cocaine

Under the Illinois Drug Act (720 ILCS 570/402), the prosecution has to prove beyond a reasonable doubt that:

  • You possessed cocaine or some other controlled substance.
  • You Knew that it was cocaine and that you possessed it at the time of your arrest.

According to the law, a person can be charged with possession with intent if the cocaine is found within their vicinity and not on their person. For example, a person can be charged with cocaine possession if the substance was found in the glove compartment of their car, their bedside table or anywhere in their home. This is often called constructive possession.

Under 720 ILCS 570/402, there are two types of possession;

Actual Possession — Being caught with cocaine in your pocket or handbag, and

Constructive Possession — Being caught with cocaine under your ‘dominion and control’ as in, not having cocaine on your person, but being able to take possession of cocaine at any time. For instance, having cocaine anywhere in your apartment, car or some other place where you would have easy access to the substance.

Fines and Penalties of Cocaine Possession and Trafficking

If the prosecution is unable to prove beyond a reasonable doubt that you had neither actual nor constructive possession of cocaine, there is an excellent chance that you may be acquitted of all charges. However, a conviction could result to any one of the following fines and penalties:

  • Possession of up to 15 grams could face a fine of up to $25,000 and a 1 to 3-year sentence.
  • Possession of up to 100 grams could face a fine of up to $200,000 and a 4 to 15-year sentence
  • Possession between 100 and 400 grams could face a fine of up to $200,000 and a 6 to 30-year sentence, or have to pay a fine equal to the full street value of the cocaine.
  • Possession of between 400 and 900 grams could face a fine of $200,000 and an 8 - 40-year sentence, or have to pay a fine equal to the full street value of the cocaine.
  • Possession of more than 900 grams could have to pay a $200,000 fine and 10 to 50-year sentence, or pay the equivalent of the total street value of the cocaine.

Sentencing on possession of more than 100 grams of cocaine will result in mandatory prison time, there is no probation available. These are called Class X sentences.

How We Can Help?

If you have been charged with possession with intent in DuPage County, the experienced legal representation of criminal defense attorney David L. Freidberg may be able to save you from:

  • Losing a professional license and being unable to practice as a licensed professional.
  • Losing your permanent resident status or immigration visa, or being deported on denied citizenship.
  • If you have gone through a divorce, losing custody and visitation rights.
  • Losing financial aid to pay for college or university classes.
  • Getting a criminal record that is permanent and will prevent you from finding a good job.
  • Being sent to prison, possibly for decades.

Hiring an experienced DuPage County criminal defense attorney can provide you with the assistance you need to either prove unlawful search and seizure in violation of the 4th Amendment, or prove that the authorities may have used an unconstitutional approach that led to the search and seizure of the illegal substance. Filing and prevailing on a Motion to Suppress due to a violation of the Fourth Amendment may result in a dismissal of the charges brought against you. A DuPage County criminal defense attorney can fight the charge, limiting the more severe consequences of a felony conviction.

Why You Should Hire a DuPage Criminal Defense Attorney?

While there are many other attorneys to choose from in DuPage County, by hiring us you are going to get the peace of mind that comes with hiring a team of highly experienced criminal defense attorneys with specific expertise in cases of alleged cocaine and drug trafficking. We serve residents residing in Wheaton, Batavia, and Oak Brook in DuPage County, and the greater Chicago area, including Maywood, Bridgeview, Markham, and Skokie.

Contact Us Today

If you have any questions regarding cocaine trafficking in the State of Illinois, please feel free to contact us at our Chicago office at (312) 560-7100, or dial our toll-free number (800) 803-1442 for a free consultation. We are available 24/7 for your convenience.