Chicago Illinois Criminal Lawyer Attorney

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Under the Law, drug-related crimes are Violations of the Uniform Controlled Substance Act (VUCSA). It is critical to remember that a controlled substance adds in drugs like heroin and cocaine as well as illegal prescription drugs. If you have been indicted for a VUCSA crime, consequences you will be dealing with will rely upon:

-Type of drug in question
-Quantity of drug
-Whether your intent was to use or sell
-Your prior criminal history
-Whether a weapon used or in your possession

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VUCSA drug indictments are split in two categories — misdemeanors and felonies (serious crimes). Misdemeanor crimes are filed in District and Municipal Court, while felonies (serious crime) are filed in Superior court. Consequences for misdemeanors will also change from a simple misdemeanor with up to ninety (90) days in prison and up to a $1,000 fine to a gross misdemeanor with up to 364 days in prison and as high as a $5,000 fine.

Felonies are classed by their own severity (Class A, B, or C). With each category carrying the following sentences:

-Felony Class C: Up to five (5) years in jail and up to a $10,000 fine.
-Felony Class B: Up to ten (10) years in jail and up to a $20,000 fine.
-Felony Class A: Up to life imprisonment and up to a $50,000 fine
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Anyone (over 21 years old) with valid ID can legally buy up to one ounce of marijuana; however, whether the total quantity of marijuana on your person is more than one ounce, but under 40 grams, you could still be indicted for a misdemeanor, punishable by up to ninety (90) days in prison and a $1,000 fine.

Drug Indictments

Drug Possession

Possession of any illegal substance, and marijuana more than 40 grams is indicted for a class C serious crime. If indicted, the penalty can be up to five (5) years in jail and a $10,000 fine.

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Drug Sales or Delivery

Under the law, “delivery” means handing an illegal substance to another person. In order to be classed as a felony will depend on the type and quantity involved. To indict an individual for drug delivery, no money needs to change hands. This can add in gifting or sharing drugs and sentences can include years behind bars and thousands of dollars in fines.

Possession with Intent to Distribute (PWID)

This refers to controlled substance possession with the intention of selling (PWIS) it. The sentences are possible on the type and amount of drug. To prove PWID, prosecuting attorneys may present evidence such as scales, baggies, or testimony from witnesses.

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Drug Manufacturing, Cultivation, or Importation

This refers to production, preparation, or processing of drugs. The most common manufacture indictment involves marijuana since only those with a license can legally grow cannabis. This is a class C serious crime with a possible sentence of up to five (5) years in jail. Other serious drug manufacturing offenses include processing cocaine, methamphetamine (meth), as well as heroin. These have heightened sentences as Class B serious crimes with up to 10 years imprisonment.

Drug Paraphernalia

Most paraphernalia indictments happen when a person is arrested with a syringe, pipe, scale, or object closely related to drug usage, testing, or sale. Drug paraphernalia indictments are often coupled with other drug-related crimes. It carries a mandatory minimum penalty of one (1) day in prison and a $250 fine as well as a maximum penalty of $1,000 fine and ninety (90) days imprisonment.

Drug DUI

Under the law, you are banned from driving “under the influence of or affected by intoxicating liquor, marijuana or any illegal substance.” This covers any impairing agent found in your bloodstream. Since there is no predetermined quantity to facilitate a sentence, impairment is established on a case-by case basis. If indicted, an offender will be subjected to normal DUI sentences.

What are my possibilities?

In addition to the obvious fines and imprisonment time, a drug sentences will have life-long implications to your professional and personal life. Employers will often deny the acceptance of hiring any individual with a criminal past and getting financial aid or affordable housing will be all but impossible. That is why early intervention from a skilled and trusted criminal defense attorney is always advisable.

At our Law Office, we understand your indictments are too serious. We also notice that many of the individuals caught up in the criminal justice system for drug crimes often benefit from alternative programs rather than jail. By partnering with a trusted and well-experienced drug defense attorney, you can often secure a more appropriate possibility like drug treatment, drug court, and diversion programs for non-violent offenders.

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In every drug-related case, our major objective will always be to aggressively face the evidence against you and build a strong drug defense. Drug indictments usually stem from traffic stops and searches carried out after other minor crimes. We will scrutinize all evidence gathered, such as lab reports, witness statements, and law enforcement reports so as to find any mistakes or oversights. If your rights were violated or evidence was improperly gathered, we can use that to possibly have the evidence excluded, the indictments dropped, reduced, or to guarantee you receive a favorable result at sentencing.

You Need an Aggressive Drug Attorney

If you are dealing with drug charges, time will be of the essence and finding a well-experienced, highly-reliable, trusted and skilled criminal defense attorney to fight for you should be your top priority.

If you call our Law Office, not only will we go over your case and provide a better idea of what you are facing up to, we will provide you with practical solutions, so you get the best possible outcome.