Belleville Drug Crimes Lawyer

Illinois has always taken a firm stance on drugs, and those found in possession of a controlled substance are usually met with serious felony charges. Drug charges in Illinois range from Class 4 felony to Class X with as much as $500,000 in fines. Other factors can double the penalties such as being in close proximity to schools, parks, or public housing. Trying to talk your way out of it on your own will only make it worse, and could provide the police with further incriminating evidence to add charges against you.

The Conner Law Firm defends drug charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois, challenging illegal searches, questioning evidence handling, and pursuing drug court and other specialty probation alternatives to protect your future. Get the representation you need from an attorney with experience with both the prosecution and the defense, and knows how to counter the state’s case against you.

Drug Charges and Penalties

Without proper defense, the drug charges you face today could become a conviction that puts you in prison for tomorrow and stripped of your rights for many years beyond. Our Firm can help with many of the common scenarios faced for drug arrests:

Possession of Controlled Substances (720 ILCS 570/402)

Penalties for possession of controlled substances vary greatly depending on the substance amount. Using heroin as an example, possessing it is a felony with penalties that are driven by its weight. If you have 15 to 100 grams, it’s a Class 1 felony with a potential period of incarceration for 4 to 15 years. Anything under 15 grams of heroin is often charged as a Class 4 felony with the potential of 1 to 3 years of incarceration. No matter how much you have, the state will make it a mission to convict you of the crimes you have been charged with.

Intent to Deliver / Manufacturing (720 ILCS 570/401)

When you’re accused of stronger charges beyond just possession, the penalties escalate dramatically, even more so with weight. Section 401 makes it illegal for anyone to knowingly manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance, counterfeit substance, or controlled substance analog. Weigh of the drugs, and the schedule of the drug under federal law, that were alleged to have been for distribution can dramatically change the potential prison sentence for these cases. Possession with the intent to distribute a schedule I drug with a weight of over 900 grams can subject you to between 15 and 60 years of incarceration, while the same drug at a weight of 15 grams or less could subject you to between 4 and 15 years of incarceration. Police base their judgment on intent by looking at packaging materials, scales, or large amounts of drugs even if they do not have direct evidence of a sale, and knowing that is one way we provide a strong defense to these charges.

Drug-Induced Homicide (720 ILCS 5/9-3.3)

A drug-induced homicide isn’t one that in any way involves a weapon. Instead, it is applied when someone delivers a drug that causes another user to die, even if the supplier didn’t intend for it to kill them. It’s charged as a Class X felony with a mandatory minimum of 15 years up to 30 years in the Department of Corrections, with the chance for extended terms up to 60 years.

Drug-Free Zone Enhancements (720 ILCS 570/407)

Any drug charges you receive could be enhanced if the drug offenses happen within 1,000 feet of certain protected areas. These include any schools, public parks, public housing complexes, or churches. If you get arrested for drug charges in a drug-free zone, you will likely be charged with higher class felonies and receive enhanced sentences.

Cannabis Regulation (410 ILCS 705/10-10)

Illinois does legally permit recreational cannabis use for adults 21 and over, though you can still be arrested in certain situations. No one under 21 is allowed to possess, consume, or purchase it unless they have valid medical exceptions. Public consumption is illegal as well, and anyone without a medical license for cannabis can’t legally grow it at home. Driving impaired is another concern and regardless of its status in the state, if you are found to be driving with over 5 nanograms of THC in your blood (10 nanograms in other bodily substances), you are in violation of the laws.

If you are facing any of these charges right now, don’t wait to contact The Conner Law Firm for defense against drug or drug related DUI charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois that challenge the prosecution’s case and preserves your future.

Drug Court and Diversion Programs

Although Illinois has some of the strictest drug laws in the country, it does offer drug court and diversion program alternatives in an effort to rehabilitate, treat, and reintegrate offenders into society. With successful completion, they often lead to the dismissal of charges.

Illinois Drug Treatment Courts are specialized to focus on addressing underlying causes for addiction with non-violent felony offenders. The program is 18 to 24 months, combining direct supervision by the Judge with treatment, and for success, you must follow strict requirements that include regular random testing and counseling.

TASC (Treatment Alternatives for Safe Communities) is a non-profit that also provides assessments and coordinated care for those with substance abuse issues. TASC provides a bridge between the court and treatment providers, and is only available to non-violent offenders with substance abuse disorders.

In some cases, it may be possible to get Second Chance Probation, which is a diversionary program offered for first-time, non-violent offenders. If you were charged with a Class 3 or 4 felony such as drug possession, this 24-month program could be assigned. You’d undergo regular drug testing, perform at least 30 hours of community service, work on getting a job, and otherwise be a law-abiding citizen. With successful completion, the court would dismiss your charges, which keeps a felony from being on your record.

Not everyone who is arrested for drug crimes in Illinois is eligible for these alternative programs. However, if you are facing non-violent, non-dangerous felonies or a misdemeanor and you have no criminal history, there are options to consider.

Defense Strategies

Illinois drug possession penalties and defenses strategies against them can often work to help you into an alternative program, reduced charges, or potentially dismissal of the charges. The Conner Law Firm often uses these defense strategies to keep our clients from the direct and collateral consequences of conviction for drug crimes.

Challenging the Search

The Fourth Amendment protects you from search and seizure. If the police didn’t have a warrant, or they did not have reasonable suspicion while you were driving to pull you over for a traffic violation or crime, then the evidence they’ve found may be inadmissible.

Challenging Constructive Possession

This commonly comes up with roommates or in other scenarios where people share spaces. You may not have even known there were drugs there until you were arrested. Our Firm will use tested strategies to dismantle the prosecution’s case by showing the lack of evidence to show you knew about the drugs, or affirmatively that they belonged to someone else.

Lack of Intent

Our attorneys commonly see police charging defendants with an intent to sell simply because they had a large quantity. Erin K. Conner knows how the prosecution goes with this, and she’s ready to fight back for her accused clients to get intent charges reduced or dismissed.

Lab Testing Errors

Labs aren’t perfect, and sometimes the chain of custody isn’t either. The samples could become contaminated or weight discrepancies may mean they can’t accurately determine the weight of the drugs you’re accused of possessing. When there isn’t conclusive evidence, or there are unexplained discrepancies, it makes it harder for the prosecution to prove their case.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Frequently Asked Questions

What are the penalties for drug possession in Illinois?

Penalties for drug possession in Illinois depend on the type of controlled substance, the amount found in possession, and whether or not this is your first offense. Generally, the charges range from Class 4 felony to Class X felony, and anywhere from 1 to 60 years in prison, along with hefty fines as penalties.

Can drug charges be expunged in Illinois?

Yes, there is expungement for drug charges in Illinois, though it depends on both the outcome of the case and the type of drug involved. If you had a minor offense with cannabis at under 30 grams, you are eligible for automatic expungement. Those with non-convictions or specific probation types may need to petition to get it expunged, though our attorneys can help determine if you’re eligible and which steps to take.

What is a drug-free zone enhancement?

A drug-free zone enhancement increases the penalties faced for drug crimes when they take place in a protected area. Schools–either public or private–along with parks, public housing, and churches are prime examples of these areas, and they automatically result in higher class felonies with longer prison terms assigned.

Contact The Conner Law Firm

When you’re facing drug charges, taking action fast is the best way to prevent the worst of the consequences. You may not even have been aware that drugs were in the home or a shared space within your home. Whatever you’re facing, The Conner Law Firm has the knowledge and experience to defend drug charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois. Dont move forward in your case without having the right attorney to protect your future.

For a consultation with The Conner Law Firm, call 618-277-2421.