Drug Crimes

Possession of Prescription Drugs

criminal defense attorney in DuPage, Kane, or Cook County Illinois

Hire a Skilled Drug Crime Attorney for Charges In DuPage, Kane or Cook County

If authorities accuse you of a prescription drug crime, waste no time in seeking aggressive legal representation. While people obtain many medications through valid prescriptions from medical professionals, there are some instances in which the law considers legal drugs to be unlawful controlled substances. When you face charges of possession of prescription drugs, you are facing similar consequences to those arrested for possessing “street drugs” such as heroin or cocaine.

When it comes to seeking legal representation in a criminal prescription drug case, you should not delay. Contact the DuPage County criminal defense attorneys at Kent Law, L.L.C., right away if you face charges of possession of prescription drugs. Because prescription drugs contribute to high numbers of accidental death in the United States, law enforcement authorities prosecute these crimes to the fullest extent of the law. Our experienced legal team can review the circumstances surrounding your criminal drug charges, help you develop a defense that we can assert on your behalf, and work to minimize the legal and personal consequences associated with any conviction.

You should feel free to call our 24-hour legal hotline today at (630) 430-8622 to find out how we can help you with defending against your drug-related charges.

The Illinois Controlled Substances Act

The Illinois Controlled Substances Act governs the distribution and possession of prescription drugs in the State of Illinois. This Act classifies prescription drugs into various categories based on the likelihood that a person may develop an addiction to the drug, abuse the drug, or suffer harm as a result of consuming the drug.

Illegal “street drugs” typically fall within Category I of the Act. Categories II, III, and IV of the Act, on the other hand, generally cover prescription medications. The Illinois State Police (ISP) reports the following statistics for arrests under the Controlled Substances Act for a recent year in Illinois:

Statewide = 109,272 drug-related arrests

DuPage County = 5,519 drug-related arrests

Cook County = 55,201 drug-related arrests

Kane County = 2,626 drug-related arrests

Kendall County = 556 drug-related arrests

Will County = 3,621 drug-related arrests

While many drug-related arrests involve street drugs, many others stem from the possession or distribution of prescription drugs without a valid prescription.

Possession Penalties

The potential penalties for a conviction of illegally possessing a prescription drug in Illinois vary greatly on a case-by-case basis. These penalties depend largely upon the number of pills or the amount of the substance that the accused allegedly had in his or her possession.

Possessing a prescription drug can lead to Class 4 felony charges. A conviction can mean a sentence involving large monetary fines along with jail time. A conviction of illegally delivering or selling a large quantity of prescription drugs can be a Class X felony, which is not eligible for criminal probation and will mean fines and jail time.

Illegally possessing just a single pill of a prescription drug can also subject you to felony charges. Common prescription drugs involved in criminal cases include the following:

OxyContin and Oxycodone
Codeine
Vicodin
Valium
Xanax
Ketamine
Adderall

In addition to illegally possessing the prescription drug, you could also face a myriad of related criminal charges that may include the following:

Altering a prescription
Illegally forging a prescription
Stealing a prescription pad
Obtaining a prescription by fraud

If you are currently facing criminal charges for illegally possessing prescription drugs and/or some other related drug charge, you should seek legal assistance as soon as possible. The knowledgeable DuPage, Kane, and Cook County criminal defense lawyers at Kent Law, L.L.C., can explain your charge to you, as well as the potential penalties upon conviction. We can also help you challenge your charges in court and work towards obtaining a favorable outcome in your case.

criminal defense attorney in DuPage, Kane, or Cook County Illinois

WHAT ARE THE PENALTIES FOR POSSESSING METH IN ILLINOIS?

Meth is a controlled substance in the state of Illinois, and the illegal use of the drug can come with serious, life-altering penalties. Therefore, if officers arrested you and prosecutors charged you with the possession of methamphetamines, it is crucial that you get immediate help from an aggressive criminal defense lawyer with experience defending against drug charges.

The current possible penalties for possession of methamphetamines are as follows:

One to 15 grams: Imprisonment for one to three years
15 to 100 grams: Imprisonment for three to seven years
100 to 400 grams: Imprisonment for four to 15 years
More than 400 grams: Imprisonment for six to 30 years

The penalties can escalate based on certain factors, including the alleged intent to distribute, allegations of manufacturing, or prior drug convictions. Often, individuals may face several meth-related charges at the same time, such as when a prosecutor alleges someone manufactured meth, then delivered it or possessed it with the intent to deliver. No matter what charge or combination of charges you may face, you should never wait any longer to consult with an Illinois criminal defense lawyer at Kent Law, L.L.C. We take every case seriously and will work to build an effective and aggressive defense in every possible case.

DEFENDING AGAINST METH POSSESSION CHARGES IN ILLINOIS

In some cases, an officer will search a vehicle or person and find methamphetamines. Other cases may involve lengthy investigations, surveillance, drug-sniffing dogs, wiretaps, and sting operations to take down suspected meth dealers or labs. The defenses used in each individual case will depend on the specific details leading up to the arrest and included in the criminal complaint.

Our attorneys thoroughly evaluate and investigate the circumstances in each case to develop the most effective defense strategy. Some common defense approaches in meth-related cases include:

Errors by law enforcement – Whether a police officer is searching a car or conducting an ongoing and complex investigation involving informants, wiretaps, and more, there are specific procedures officers must follow to ensure they do not violate anyone’s constitutional rights. In many situations, the police obtain drug evidence by conducting a warrantless and unjustified search, which violates your rights under the Fourth Amendment. In such cases, our attorneys can argue that all illegally obtained drug evidence should not be admissible against you. Any confessions should also be inadmissible if officers obtained them without properly informing you of your Miranda rights.

Insufficient evidence – In order to convict you of a certain charge, the law requires a prosecutor to present sufficient evidence to find you guilty beyond a reasonable doubt, the highest standard in the U.S. legal system. If a charge alleges you possessed meth with intent to distribute, presenting evidence that you had some meth in your car is not enough to prove every element of the escalated charge. Simply claiming you had Sudafed in a house is not enough on its own to prove you manufactured meth. Both of these situations would require additional evidence to be sufficient to prove all elements beyond a reasonable doubt. Our attorneys work to challenge the veracity of a prosecutor’s evidence to often get charges reduced or dismissed completely.

Plea bargaining and alternative sentencing – Our attorneys can often engage in persuasive negotiations with prosecutors to present mitigating factors and other reasons why you deserve a lesser charge or sentence. In many cases, we can obtain favorable plea agreements for our clients, which may help them avoid time behind bars and costly fines. In addition, Illinois has several drug diversion programs as alternative sentencing options to imprisonment and a conviction on your criminal records. We can examine your eligibility for drug court, erasable probation, TASC probation, or any other available diversion programs.

Any drug conviction on your permanent record can negatively affect your life in many ways. You do not want to risk receiving a harsher outcome than necessary in your meth possession case. Instead, do not wait another minute to seek the defense assistance you need from our skilled and respected criminal defense law firm.

GET AGGRESSIVE DEFENSE FROM THE ILLINOIS CRIMINAL DEFENSE LAWYERS AT KENT LAW, L.L.C.

If you or someone you love has been arrested for allegedly possessing methamphetamines, the time to act is now. With more than 40 years of collective legal experience, our DuPage drug crime defense team is prepared to work to protect your rights to the full extent of the law.

If you would like to speak with our tough and aggressive drug defense firm, please give us a call at (630) 474-8000 today.

Related Topics

>Delivery of Cannabis/Marijuana
>Delivery of Controlled Substances
>Synthetic Cannabis
>Illegal Search and Seizure
>Resurgence of Heroin
>Possession of Cocaine
>Drug Cours
>Possession of Controlled Substances
>Possession of Drug Paraphernalia
>Beating The Drug Test When on Probation
>Possession of Ecstasy
>Possession of Heroin
>Possession of Marijuana Cannabis
>Possession of Methamphetamine
>Possession of Prescription Drugs
Criminal Defense Law Firm - Martin & Kent, LLC

AVVO 10.0
SUPERB RATING

Attorney Martin has received excellent results backed by over 98 positive client reviews on Avvo.

Criminal Defense Law Firm - Martin & Kent, LLC

RESPECTED
REPRESENTATION

The reputations of our attorneys are trusted throughout the state, even by officials and politicians.

Criminal Defense Law Firm - Martin & Kent, LLC

AVVO 10.0
SUPERB RATING

Attorneys at our firm are former felony prosecutors. Start by a free consultation.