Possession of a Controlled Substance

What is Possession of a Controlled Substance?

In Illinois it is illegal to be in the possession of illegal drugs.  These cases are commonly referred to as “PCS” cases.  Illinois classifies drugs according to Schedules from Class 1 to Class 5. Which class a particular drug is placed in depends on how addictive the drug is and whether it has any medical value. Generally, the common street drugs like Cocaine, Crack, Heroin, Ecstasy and Marijuana are considered highly addictive and have no medical value.  Those drugs are classified as Class 1 drugs and the Possession of Schedule 1 drugs is treated more severely than the possession of lower class drugs.  People that are charged with the Possession of Schedule 2 to 5 drugs are usually facing Prescription Drug Fraud charges.  Even when it comes to the Possession of Schedule 1 drugs, the Possession of Marijuana is treated differently than the Possession of other Schedule 1 drugs.  What you can be charged with can also depend on your criminal background, the specific facts of the case and the way the arrest happened.  That is why that it is very important that you speak to an experienced criminal defense lawyer who can evaluate your case from the beginning so he knows how to begin putting together an effective defense.

What Are the Penalties for Possession of a Controlled Substance?

Generally, if you are arrested with Possession of less than 15 grams of a Controlled Substance, you will probably be facing a Class 4 Felony.  A Class 4 Felony carries a possible prison sentence of between 1 to 3 years and a maximum fine of $25,000.  Probation for a Class 4 felony is possible. The Possession of the following illegal drugs are Class 1 felonies which carry a possible prison sentence of between 4 to 15 years and hefty fines which can be increased depending on the amount of drugs seized:

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

The “War on Drugs” is alive and well in all our communities.  Police are going after anyone in Possession of Illegal Drugs.  The legislature is constantly changing the laws and amending the way possession of drugs is classified in Illinois.  But the aggressive nature of law enforcement continues.  It has become increasingly important that you hire a criminal defense lawyer that has experience handling drug cases and knows what they are doing.

Why Hire Legal Defenders as Your Lawyer for Your Possession of a Controlled Substance Case?

Our attorneys have extensive experience representing people charged with Possession of Controlled Substance charges in Illinois.  Our lawyers have won cases that other lawyers would be afraid to even take.  For one thing, our attorneys understand how difficult it is to be a defendant in a criminal case.  If you hire us as your attorneys, you will get your lawyer’s personal cell phone number.  If you have any questions you can always call your lawyer or send him a text and your lawyer will answer your questions.  Your lawyer will keep you informed of what is happening on your case and exactly what your lawyer is planning to do to help you win your case.

As soon as your lawyer obtains all of the evidence from the state your lawyer will look at any angle to challenge the evidence seized and the arrest.  Your lawyer will explore whether the police had a right to detain you and conduct a search.  Especially if the drugs were found in your vehicle, in your residence, or on your person.  Your lawyer will challenge the state’s case at every stage and make sure the police did their job.

The ultimate goal is to make sure you do not go to jail and that you avoid having a criminal conviction on your record.  There are certain programs and alternative programs that may be available which would avoid a criminal conviction on your record and your lawyer will make sure to explore all those options as well.  Your lawyer will ask that you also help him by getting him letters from friends, family, clergy and employers or school records or other evidence to help your lawyer get you into an alternative program to avoid a criminal conviction.

If you are charged with Possession of a Controlled Substance in Cook County, Lake County, DuPage County or Kane County, give us a call.  We Can Help.