Former Prosecutor, Now Your Defender: Skilled Drug Crimes Representation In Chicago
At Pissetzky Law LLC, our Chicago drug crime lawyers have skillfully represented clients nationwide in federal and state courts. We are the Chicago criminal defense firm you’re looking for if you have been accused of a serious drug offense and want to assert your right to a trial. Whatever type of drug charge you face, we are the firm you go to for serious drug crimes.
With a former prosecutor on our team, we have invaluable insights into how to counter the prosecution’s every move. As nationally recognized defenders, we offer the high-caliber advocacy you deserve. Don’t hesitate to discover what your possible defenses are with our drug crime defense lawyers.
Penalties For Drug Crimes In Illinois
In Illinois, drug charges carry severe penalties, including lengthy prison sentences and very high fines. The consequences vary based on the type and amount of drug involved. For drug possession, penalties can include:
- Class 1 felonies: Four to 50 years incarceration for substances like cocaine, heroin, fentanyl and LSD
- Class 4 felonies: One to three years for smaller amounts of Schedule I or II narcotics such as methamphetamine, ecstasy or prescription opioids These penalties show the gravity of drug charges in the state.
However, drug trafficking charges are even more severe. If you’re charged with trafficking a controlled substance, it’s typically a Class X felony – just one step below first-degree murder. This classification makes you ineligible for probation.
When Does Drug Dealing Become Federal Drug Trafficking?
Drug dealing becomes federal drug trafficking when certain factors are present that elevate the offense beyond state jurisdiction. While any illegal handling of narcotics is a drug crime, the following circumstances typically trigger federal trafficking charges:
- Amount, weight or measurements: Drug Enforcement Administration (DEA) agents primarily consider the quantity of drugs in possession. Amounts exceeding what’s typical for personal use may trigger federal charges.
- Potential value: The DEA and Federal Bureau of Investigation (FBI) monitor the street prices of drugs. Possessing quantities with a high potential sale value can lead to trafficking charges.
- Presentation or storage: Professional-level distribution methods, including careful packaging or storage, may indicate trafficking activity.
- Affiliations: A person’s known affiliations and accomplices can also escalate a drug crime to a federal drug crime. For example, if police arrest the son of a known criminal boss with cocaine in his possession, trafficking might be assumed.
- State lines: Any drug crime crossing state boundaries is generally federal trafficking, regardless of scale. This applies to most crimes that cross state lines.
The penalties for federal drug trafficking are severe. Depending on the operation’s scale, they range from lengthy prison sentences to multimillion-dollar fines. Given these high stakes, it’s important to act quickly. Contact our drug crime lawyers to protect your future when facing a potential federal drug trafficking charge.
Understanding Illinois Drug Laws
In Illinois, drug laws are governed by the Illinois Controlled Substances Act (720 ILCS 570/). This act categorizes controlled substances into five schedules based on their potential for abuse, medical use, and potential for dependence.
Schedule I substances, such as heroin and LSD, carry a high potential for substance abuse and no accepted medical use. Schedule V substances, such as prescription medications, have a lower potential for abuse and accepted medical use.
Types of Drug Charges in Illinois
In Illinois, you can be charged with various types of drug offenses, including:
- Possession of a controlled substance (720 ILCS 570/402)
- Possession with intent to deliver (720 ILCS 570/401)
- Manufacturing a controlled substance (720 ILCS 570/401)
- Trafficking a controlled substance (720 ILCS 570/401.1)
- Prescription drug fraud (225 ILCS 120/15)
Each of these charges carries unique penalties and requirements for prosecution. Our experienced attorneys can help you understand the specifics of your charge and develop a robust defense strategy.
Defenses Against Drug Charges
Our attorneys have extensive experience defending clients against various drug charges. We understand the importance of identifying potential defenses and leveraging them to our clients’ advantage. Some common defenses against drug charges include:
- Improper investigation methods: Law enforcement officials must follow specific procedures when investigating. If these procedures are not followed, evidence may be inadmissible in court.
- Illegal search and seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement officers violate this right, evidence obtained during the search may be suppressed.
- Missing evidence: If key evidence is missing or has been mishandled, the prosecution’s case may be weakened.
- Extenuating circumstances: Certain circumstances, such as substance abuse or mental health issues, may be relevant to a client’s case and can be used to negotiate a more favorable outcome.
Defending Health Care Providers Against Unlawful Opiate Prescription Charges
The opioid crisis has led to increased scrutiny of health care professionals, resulting in a rise in criminal cases against those who prescribe or dispense these medications. While doctors are expected to provide beneficial treatment and respect human life, the line between appropriate care and unlawful prescription can sometimes blur.
At Pissetzky Law LLC, we are committed to helping all doctors, pharmacists, dentists and other health care providers facing investigations or charges of unlawful prescribing or dispensing of opiates. Our attorneys are well-versed in both state and federal drug laws and have a track record of providing aggressive defense in these complex cases.
Protect Your Future Against Drug Crime Charges
With more than 20 years of criminal defense experience handling complex drug crime cases, we are a team of skilled litigators prepared to face federal and state prosecutors. Our Chicago drug crime defense attorneys can thoroughly evaluate your drug crime case and determine all of your legal options to resolve your case.
Call us at 312-239-8292 to schedule a drug case evaluation at either our Chicago or Northbrook office. You can also reach us online through our contact form.
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