Kane County Drug Crimes Attorney

Aggressive and Dedicated Drug Charges Lawyer in Wheaton, Illinois

When you are under investigation or being charged with a drug crime in Illinois, it is important to obtain strong legal representation immediately. State drug laws carry harsh penalties and a conviction can bring a lengthy jail or prison sentence. Attorney Stacey A. McCullough has several years of experience representing defendants facing drug charges in DuPage County, Kane County, Cook County, and throughout the Chicagoland area. Stacey has an in-depth understanding of the Illinois drug laws and what it takes to build a successful defense.
There are a number of potential drug crimes you may be faced with. These include:

• Manufacture of Drugs
• Criminal Drug Conspiracy
• Possession of Drug Paraphernalia
• Possession of Drugs (Controlled Substances or Cannabis)
• Possession of Drugs with Intent to Deliver
• Drug Trafficking

Illinois Drug Possession and Trafficking Laws

The penalties for drug possession and trafficking in Illinois vary widely depending on the type of substance, the amount of the substance found, the number of offenses of the accused and other circumstances surrounding the case. Possession of marijuana, also known as cannabis, is the least serious and punishable under the Cannabis Control Act. The general guidelines for the punishment of possession, intent to deliver, and/or delivery of marijuana are as follows:

• Possession of up to 2.5 grams: Class C misdemeanor with fines up to $1,500 and up to three months in county jail.
• Possession of more than 2.5 to 10 grams or delivery of up to 2.5 grams: Class B misdemeanor with fines up to $1500 and up to six months in county jail.
• Possession of more than 10 grams to 30 grams or delivery of more than 2.5 to 10 grams: Class A misdemeanor with fines up to $2,500 and up to one year in county jail.
• Possession of more than 30 to 500 grams or delivery of more than 10 up to 30 grams: Class 4 felony with fines up to $25,000 and one to three years in state prison.
• Possession of more than 500 up to 2,000 grams or delivery of more than 30 up to 500 grams: Class 3 felony with fines up to $50,000 and two to five years in state prison.
• Possession of more than 2,000 up to 5,000 grams or delivery of more than 500 up to 2,000 Grams: Class 2 felony with fines up to $100,000 and three to seven years in state prison.
• Possession over 5,000 grams or delivery over 2,000 up to 5,000 Grams: Class 1 felony with fines up to $150,000 and 15 to 30 years in state prison.
• Delivery over 5,000 Grams: Class X felony with fines up to $200,000 and up to 30 years in state prison.

Harder controlled substances such as cocaine, heroin and ecstasy as well as prescribed medication where the defendant lacks a prescription can carry stiffer penalties, depending again on the amount of the substance involved, delivery (or intent to deliver) and past criminal record of the accused. Even in the least serious of cannabis or drug possession cases, a finding of guilt can result in your inability to rent an apartment, to obtain student loans, or to get a job. You need the help of an experienced attorney.

Defending Against Drug Crimes Charges

The first step in a successful drug crime defense is to make it clear to authorities that you are refusing to answer any questions without an attorney present. If the police continue to question you after you have asserted your Miranda rights, this may provide the basis to have any damaging statements obtained involuntarily excluded from the record. Along these same lines, do not provide consent to a search of your property, home or car.

Once you are arrested and/or become aware that you are under investigation, contact an Illinois drug crimes defense attorney right away. To provide the strongest defense possible, your attorney will thoroughly examine several areas of the case, including:

• Potential Fourth Amendment Violations: Did the authorities have a warrant to search your property? If so, did their search stay within the scope of what the warrant authorized?
• Potential Miranda Violations: Did authorities elicit any statements without reading your Miranda rights and/or after you made it clear you were refusing to answer questions?
• Evidence of Possession: Often times, you may be charged with “possession” if you are only in the vicinity of the substance in question. This can occur if someone else left drugs inside your home or car without your knowledge. Unless the substance is found on your person, the state’s ability to prove possession may be highly questionable.
• Credibility of Witnesses: In many cases involving drug crimes, the witnesses obtained by the prosecution have criminal records and have agreed to testify in exchange for a reduced sentence on their own criminal case. The credibility of such witnesses can be very much in doubt, putting a big hole in the prosecution’s case and leading to a not guilty finding in your situation.

At our firm, we provide aggressive defense for those accused of drug crimes in Illinois. We stand up for your rights and use every piece of evidence available to put you in the strongest position possible. Contact our office today at 630-871-1700 for an Initial Attorney Meeting. Our law firm represents clients in criminal legal cases, traffic violations, juvenile defense cases and expungements throughout the Chicago area including Geneva, Elgin, Batavia, Aurora, DuPage County, Kane County, Will County, Cook County, and Kendall County.