Lawyer Photo

Possession of Controlled Substance

Defense for Violation of the Illinois Control Substance Act – Cook County Possession of Narcotics Lawyers

Many people arrested in Chicago and elsewhere in Cook County of the surrounding areas of Illinois for drug possession charges do not realize that the foundation of their defense to such charges is based on what happens prior to and immediately following an arrest. There are fundamental rights that need to be asserted to safeguard your constitutional rights that provide protection from invalid searches and improper police procedure.

Aggressive Chicago Defense for Illinois Controlled Substance Related Possession Crimes

When you assert your right against self-incrimination and request that an attorney be present during police questioning, you provide a firm foundation upon which to build a valid defense. Illinois law enforcement authorities and federal drug enforcement agencies (DEA) investigate many drug possession cases involving illegal street narcotics and legal drugs without a prescription. These law enforcement authorities conduct interrogations on a nearly daily basis so it is essential to have someone present during these interviews to protect you from coercive questioning and to advise you regarding improper questions and your legal rights.

Chicago drug possession attorney David L. Freidberg is a tenacious advocate of the constitutional rights of those accused of criminal offenses which include possession of a wide range of drug possession charges involving drugs like the following:

  • Heroin
  • Cocaine
  • Marijuana
  • Methamphetamine (“Meth)
  • Ketamine (“Special K”)
  • Ecstasy
  • Oxycodone
  • GHB
  • Hydrocodone (Vicodin)
  • Speed
  • Oxycontin
  • LSD
  • PCP
  • Prescriptions drugs
  • Other controlled substances

At the Law Offices of David L. Freidberg, P.C., we use an experienced team of investigators to uncover exculpatory evidence while our criminal defense lawyers carefully review law enforcement reports and analyze laboratory test results so that we can develop the most compelling defense to Illinois drug possession charges. These defenses may be based on improperly obtained statements, illegal search and seizures, failure to prove actual or constructive knowledge and control of drugs, reliance on witnesses who lack credibility and other appropriate defenses.

Overview of Controlled Substance Law in Illinois

The seriousness of the penalties that you may face depends on the circumstances under which your arrest occurs, any prior criminal history and the specific type of controlled substance. Drug possession offenses under Illinois law fall into two broad categories: (1) possession of a controlled substance under 720 ILCS 570/402; and (2) possession of marijuana (cannabis) pursuant to 720 ILCS 550/4. In other words, pot possession is treated differently than all other illegal drugs, which are regarded as controlled substances. While the penalties for drug offenses where you have a drug for personal use can be severe, the penalties are much harsher if you are accused of possession with intent to deliver (referred to in other jurisdictions as “intent to distribute”). An individual also will face a sentence that is twice as long if the possession occurs near a school, park or movie house or the accused has a gun when in possession of an illegal or illicit drug.

While the best way to obtain information about the specific criminal sentence you may face is to speak with an experienced Chicago narcotic possession attorney, we have provided examples of potential exposure faced by those arrested with certain quantities of specific drugs below:

Controlled Substance Penalties

If you are arrested and charged with possessing less than fifteen grams of a controlled substance, you will face conviction of a Class 4 felony, a potential penalty of 1 to 3 years in the Illinois state penitentiary and a fine up to $25,000. The following drug possession offenses are examples of potential penalties for various controlled substance possession offenses. All of the possession crimes in the charge below constitute Class 1 felonies that may result in the following prison sentences:

4-15 Years6-30 Years8-40 Years10-50 Years
Heroin15-99 grams100-399 grams400-899 grams900+ grams
Peyote200+ grams
Meth15-99 grams100-399 grams400-899 grams900+ grams
Amphetamine200+ grams
Ketamine30+ grams
Cocaine15-99 grams100-399 grams400-899 grams900+ grams

In addition to the terms of incarceration in state prison indicated in this chart, an individual prosecuted for any of the illegal narcotics in the chart above may face a fine up to $200,000. In many cases, the court can impose a fine that exceeds $200,000 based on the street value of the controlled substance.

If you are taken into custody because of alleged drugs that you have on your person or in your home or motor vehicle, you may face other serious consequences if you are convicted. Future employers, landlords and others will learn about your felony or misdemeanor Cook County drug conviction by conducting a simple background check. This may create obstacles when applying for new employment, seeking profession licensing, requesting a change of immigration status, pursuing student loans or college admission and many other important aspects of one’s life.

Illinois and federal law enforcement authorities and prosecutors continue to aggressively pursue convictions in criminal cases involving street drugs, illegally obtained prescription drugs and even marijuana. Whether you were arrested with an illegal street drug or a medication like pain drugs without a valid prescription, you should immediately indicate that you do not want to talk to anyone or answer questions until you have a Chicago drug possession lawyer in the room to protect your interest and legal rights.

David L. Freidberg Aggressively Fighting for Those Arrested with Illicit and Illegal Drugs

Chicago narcotics attorney David L. Freidberg has more than 20 years of legal experience which he draws on when zealously defending clients charged with all types of drug possession crimes ranging from the possession of small quantities of marijuana for personal use to Class 1 felony charges for intent to deliver methamphetamine, heroin, cocaine or other controlled substances. Our Illinois drug crime attorneys are not here to judge but to mount the most aggressive defense possible for our clients when seeking the best possible outcome in their Illinois drug crime case. We may file for a hearing to suppress critical evidence prior to trial and seek dismissal of the charges or challenge the prosecutor’s evidence and witnesses at trial when seeking an acquittal.

While we are prepared to negotiate if the prosecutor wishes to discuss a plea agreement favorable to our client, we know that the best plea agreements are a product of aggressive preparation for trial. Mr. Freidberg invites those arrested for illegally possessing drugs in Chicago or the surrounding areas of Illinois to speak with one of our Chicago narcotics possession attorneys. We offer a confidential free consultation so give us a call today at 312-560-7100 or email us so that we can begin protecting your rights, freedom and reputation.