Drug Crime Lawyer

If you’re facing drug charges in Illinois, contact experienced drug crime lawyer Steven H. Fine to protect your rights.

The Law Office of Steven Fine has defended the rights of the accused for more than 30 years.

Our law firm will investigate your case, analyze evidence, and interview witnesses to provide you with an effective defense strategy.

Why Choose Steven H. Fine for Your Criminal Case?

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A drug crime conviction can have a serious impact on your life. Speaking with our drug crime defense lawyer immediately after an arrest is a crucial step in protecting your freedom. Hesitation only allows the prosecution extra time to strengthen their case. As a skilled Illinois drug crime attorney, Steven Fine will use proven and personalized defense strategies to protect you, your rights, and your reputation.

The Law Office of Steven Fine defends clients in Chicago and Cook County, Bridgeview, Skokie, Maywood, Lake County, DuPage County, and throughout Illinois.

Table of Contents

What Are the Penalties For Drug Possession in Illinois?

Drug crimes, such as possession, are heavily prosecuted. If convicted, these charges carry severe consequences. Defendants risk a permanent criminal record, prison time, and heavy fines when facing criminal drug charges. The extent of the penalties you face depends on the type of drug in your possession, the nature of the crime, and the quantity of illegal substances involved. Additionally, aggravating factors, such as possession of weapons, perceived intent, and violent acts can amplify your criminal charges.

What Is Possession?

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Legally Reviewed By Steven Fine

At the Law Office of Steven Fine, our lawyer is dedicated to fiercely defending the rights of clients who are facing the criminal justice system. Over his more than 20 years practicing law, Steven has handled hundreds of complex cases, representing his clients with a comprehensive approach to law. His techniques are cutting-edge and aggressive, and he is always willing to put in the extra effort to research and fully understand a case from every angle.

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Possession is defined as having, owning, or maintaining physical control over something – like holding it in your hand or keeping it inside a safe for which you possess a key. “Constructive possession,” means you know of the presence of the drug, and you are capable of maintaining control and possession of it.

How Are Controlled Substances Classified?

Illinois separates it’s controlled dangerous substances into five “schedules” based on their legitimate use in the medical field and their potential for abuse. These groups are classified as:

Schedule I Drugs

Opiates, opium derivatives and hallucinogenic substances

Great potential for abuse
Not approved for medical use
Unsafe for treatment under medical supervision

Schedule II Drugs

Coca leaves and opium

Great potential for abuse
Can result in significant physical and psychological dependence
Approved for medical use

Schedule III Drugs

steroids

Less potential for abuse compared to Schedule I or II drugs
Can result in low or moderate physical dependence and high psychological dependence
Approved medical use

Schedule IV Drugs

Diazepam

Less potential for abuse compared to Schedule III drugs
Can result in limited psychological and physical dependence
Approved medical use

Schedule V Drugs

Cannabis

Lowest potential for abuse
Limited physical or psychological dependence
Approved medical use

If your rights were violated during arrest,

Call The Law Office of Steven Fine
at (312) 922-0855

Penalties for Cocaine, Heroin, and Morphine

Any amount of cocaine is considered a felony in Illinois. The following are the penalties for possession of cocaine, heroin, and morphine in Illinois:

Cocaine

Less than 15 grams: Class 4 felony; 1-3 years in prison and fines up to $25,000.
15-99 grams: Class 1 felony; 4-15 years in prison and fines up to $200,000.
100-399 grams: Class X felony; 6-30 years in prison and fines up to $200,000 or the street value of the drug.
400-899 grams: Class X felony; 8-40 years in prison and fines up to $200,000 or the street value of the drug.
900 grams or more: Class X felony; 10-50 years in prison and fines up to $200,000 or the street value of the drug.

Heroin

Less than 15 grams: Class 4 felony; 1-3 years in prison and fines up to $25,000.
15-99 grams: Class 1 felony; 4-15 years in prison and fines up to $200,000.
100-399 grams: Class X felony; 6-30 years in prison and fines up to $200,000 or the street value of the drug.
400-899 grams: Class X felony; 8-40 years in prison and fines up to $200,000 or the street value of the drug.
900 grams or more: Class X felony; 10-50 years in prison and fines up to $200,000 or the street value of the drug.

Morphine

Less than 15 grams: Class 4 felony; 1-3 years in prison and fines up to $25,000.
15-99 grams: Class 1 felony; 4-15 years in prison and fines up to $200,000.
100-399 grams: Class X felony; 6-30 years in prison and fines up to $200,000 or the street value of the drug.
400-899 grams: Class X felony; 8-40 years in prison and fines up to $200,000 or the street value of the drug.
900 grams or more: Class X felony; 10-50 years in prison and fines up to $200,000 or the street value of the drug.

Penalties for LSD and Methamphetamine

The penalties for these substances include:

LSD (Lysergic Acid Diethylamide)

Less than 15 doses: Class 4 felony; 1-3 years in prison and fines up to $25,000.
15-99 doses: Class 1 felony; 4-15 years in prison and fines up to $200,000.
100-399 doses: Class X felony; 6-30 years in prison and fines up to $200,000 or the street value of the drug.
400-899 doses: Class X felony; 8-40 years in prison and fines up to $200,000 or the street value of the drug.
900 doses or more: Class X felony; 10-50 years in prison and fines up to $200,000 or the street value of the drug.

Methamphetamine

Less than 5 grams: Class 3 felony; 2-5 years in prison and fines up to $25,000.
5-14.9 grams: Class 2 felony; 3-7 years in prison and fines up to $25,000.
15-99.9 grams: Class 1 felony; 4-15 years in prison and fines up to $200,000.
100-399.9 grams: Class X felony; 6-30 years in prison and fines up to $200,000 or the street value of the drug.
400 grams or more: Class X felony; 8-40 years in prison and fines up to $200,000 or the street value of the drug.

Penalties for Amphetamine, Barbituric Acid, Peyote

The penalties for possession of amphetamines, barbituric acid, and peyote include:

Amphetamine

Less than 15 grams: Class 4 felony; 1-3 years in prison and fines up to $25,000.
15-99 grams: Class 1 felony; 4-15 years in prison and fines up to $200,000.
100-399 grams: Class X felony; 6-30 years in prison and fines up to $200,000 or the street value of the drug.
400-899 grams: Class X felony; 8-40 years in prison and fines up to $200,000 or the street value of the drug.
900 grams or more: Class X felony; 10-50 years in prison and fines up to $200,000 or the street value of the drug.

Barbituric Acid (Barbiturates)

Less than 200 grams: Class 4 felony; 1-3 years in prison and fines up to $25,000.
200-599 grams: Class 3 felony; 2-5 years in prison and fines up to $25,000.
600-1,499 grams: Class 2 felony; 3-7 years in prison and fines up to $25,000.
1,500-4,999 grams: Class 1 felony; 4-15 years in prison and fines up to $25,000.
5,000 grams or more: Class X felony; 6-30 years in prison and fines up to $25,000.

Peyote

Any amount is a Class 3 felony; 2-5 years in prison and fines up to $25,000.

If the street value of the drugs you allegedly possessed is priced higher than the fine, the fine will be worth the street value. Penalties can be harsher if the offense occurred near a school, public housing, or if the offender has prior convictions. Enhanced penalties also apply to drug trafficking charges, which involve the intent to manufacture, deliver, or distribute these substances.

Possession of Drugs With Intent to Deliver in Illinois

Illinois is known for its strict drug laws, since a possession conviction can result in being charged with a felony. However, possession with intent to sell or deliver results in even harsher penalties.

Possession Charges Vs. Intent to Deliver

There are a number of factors that differentiate a regular possession conviction and a possession with intent to sell or deliver conviction, such as having a large quantity or being in possession of a scale and small bags. If you are arrested for possession of drugs with intent to deliver or sell, the police can use the following factors as evidence to support the prosecution:

The drugs are packaged
You own bags and ties for packaging
You own scales for weighing drugs
You have a large amount of drugs
You have a large amount of cash in your possession

Penalties for Possession With Intent

If you are convicted of possession with the intent to deliver or sell, the penalties you face are much more severe than those that follow a simple possession conviction. Depending on the amount of the illegal substance found, you could be convicted of a Class X felony or Class 3 felony.

The following are penalties for possession with intent to sell:

Possession with intent to sell or deliver more than 15 grams of a controlled substance or illegal drug is considered a Class X felony, which is punishable by a prison sentence between six and 60 years and a fine of up to $500,000.
Possession with intent to sell or deliver less than 15 grams of a controlled substance or illegal drug can be considered as either a Class 1 felony (prison term of four to 15 years and a fine of up to $250,000), a Class 2 felony (prison term of three to seven years and a fine of up to $200,000), or a Class 3 felony (prison term of two to five years and a fine between $75,000 and $150,000).

If you’ve been arrested for possession with intent to sell or deliver in Illinois, experienced drug crime attorneys may be able to get your charges reduced, or your case dismissed entirely. With more than 30 years of legal experience as a drug crime defense lawyer, Steven Fine understands state laws and court proceedings, and has the skills necessary to obtain the best possible outcome for your case.

If your rights were violated during arrest,

Call The Law Office of Steven Fine
at (312) 922-0855

Are you under investigation for drug crimes in Illinois?. Call The Law Office of Steven H. Fine for help.
(312) 922-0855

Understanding Drug Trafficking Charges In Illinois

Trafficking illegal drugs and controlled substances in Illinois is considered one of the worst drug crimes in the state. If you are facing charges of drug trafficking, it’s imperative to seek legal representation from an experienced and trustworthy drug crime attorney.

Drug Trafficking Penalties In Illinois

Drug trafficking in Illinois refers to the sale and distribution of illegal drugs or controlled substances. Penalties depend on the type of drug, the quantity ceased by law enforcement, and the circumstances involving the arrest.

Individuals convicted of drug trafficking will be sentenced to a minimum prison term “not less than twice the minimum term” or a maximum prison term “not more than twice the maximum term.” Drug trafficking can be classified anywhere between a Class 3 felony and a Class X felony.

A drug trafficking conviction can impact the rest of your life. It is of utmost importance that if you have been charged, you seek legal representation.

If your rights were violated during arrest,

Call The Law Office of Steven Fine
at (312) 922-0855

Defense Strategies for Drug Charges in Illinois

Defending against drug charges in Illinois requires a comprehensive understanding of state laws and a strategic approach tailored to the charges. Drug charges can broadly be categorized into possession charges, possession with intent to sell charges, and drug trafficking charges. Each category necessitates different defense strategies to effectively challenge the prosecution’s case and mitigate potential penalties.

Defenses for Possession Charges

In Illinois, drug possession charges typically involve the unlawful possession of controlled substances such as marijuana, cocaine, heroin, or methamphetamine. Possession can be either actual (found on the person) or constructive (found in a place under the person’s control). Strategies for defending against these charges include:

Unlawful Search and Seizure

One of the most common defenses is challenging the legality of the search and seizure that led to the discovery of the drugs. If law enforcement violated your Fourth Amendment rights by conducting an unlawful search or seizure, evidence obtained can be suppressed.

Lack of Possession

Arguing that the defendant did not possess the drugs can be effective, especially in cases of constructive possession. The defense can argue that the drugs belonged to someone else and the defendant had no knowledge of their presence.

Chain of Custody Issues

The prosecution must establish a clear chain of custody for the drugs from the time of seizure to the presentation in court. Any gaps or discrepancies can lead to the evidence being inadmissible.

Valid Prescription

If the drugs in question were prescribed by a licensed medical professional, presenting evidence of a valid prescription can be a solid defense against possession charges.

Defenses Against Possession With Intent to Sell or Deliver

Possession with intent to sell or deliver charges involve circumstances suggesting that the defendant intended to distribute the drugs. Defense strategies for these charges include:

Lack of Intent

Demonstrating that there was no intent to sell is crucial. The defense can argue that the drugs were for personal use, particularly if the quantity was not large.

Insufficient Evidence

The prosecution must prove intent beyond a reasonable doubt. The defense can challenge the evidence presented, such as the absence of scales, packaging materials, or other paraphernalia typically associated with drug distribution.

Entrapment

If the defendant was induced or coerced by law enforcement officers to commit a crime he or she otherwise would not have committed, the defense of entrapment may be applicable. The defense must prove that the idea of selling drugs originated with law enforcement.

Miranda Rights Violation

If the defendant’s rights were not read at the time of arrest, statements or confessions made may be inadmissible, which can weaken the prosecution’s case.

Drug Trafficking Charge Defenses

Drug trafficking charges involve the manufacturing, transportation, and distribution of large quantities of controlled substances. Defense strategies for these cases include:

Challenging the Evidence

Given the serious nature of trafficking charges, scrutinizing the evidence is vital. This includes questioning the methods used to identify and seize the drugs, and ensuring all procedures followed legal protocols.

Proving Lack of Knowledge

The defense can argue that the defendant was unaware he or she was transporting drugs, particularly in cases where drugs were hidden in vehicles or packages without the defendant’s knowledge.

Duress or Coercion

If defendants were forced to participate in trafficking under threats of harm to themselves or their family, this can be used as a defense. Demonstrating that the defendant acted under duress can mitigate culpability.

Examining Surveillance and Sting Operations

Many trafficking cases involve extensive surveillance or undercover operations. The defense should examine the legality and conduct of these operations, looking for entrapment or overreach by law enforcement.

Our criminal defense lawyers have extensive knowledge and insight into drug laws in Illinois. We can successfully navigate the legalities of your case and help you protect your rights and your future.

If your rights were violated during arrest,

Call The Law Office of Steven Fine
at (312) 922-0855

Frequently Asked Questions About Drug Charges

What Are My Legal Options If I'm Charged With Drug Possession?

If charged with drug possession, your legal options include challenging the search and seizure, proving lack of possession, demonstrating a valid prescription, or negotiating a plea deal with reduced charges.

How Can a Lawyer Help Reduce or Dismiss My Drug Charges?

A lawyer can reduce or dismiss drug charges by challenging evidence, negotiating plea deals, highlighting procedural errors, or proving lack of possession or intent, ultimately weakening the prosecution’s case.

What Should I Do If I May Be Arrested for Drug Crimes?

If you face an arrest for drug crimes, remain silent, avoid self-incrimination, request a lawyer immediately, and do not consent to searches without legal representation.

Testimonials

I don’t know where to start, but just wanted u to know how grateful me and my family are. I was fighting an arm habitual and an enhancement on a drug and gun case. Steve was the second lawyer I had because the first one didn’t do half the job Steve did. They were offering me 14 years with my first lawyer and I hired Steve, and he got right to work, his ability to dig deep and stick to the facts was second to none. He knew exactly what was needed to bring the case to a successful conclusion. Went from them Offering 14 years to Steve getting me a turn around, end up doing 1 day In IDOC. Best lawyer in the city Will recommend him to anybody. Thank u Steve.💪💪Best lawyer hands down. U can trust him with your life, he’s going to fight for u.

~ William Cabrera

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Legally Reviewed By Steven Fine

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