Were you arrested or charged with a drug crime in Illinois? Are you unsure of what to do next? If so, contact the Champaign criminal defense lawyers at Bruno Law Offices. We’ll stand by your side and guide you through the legal process.
Drug crimes are considered serious crimes in the U.S. and in the state of Illinois. You may be facing jail time and the possibility of steep fines. According to data from the Federal Bureau of Investigations, there were 1.6 million drug abuse violation arrests in 2017, more arrests than in any other type of criminal offense for that year.
We know the challenges you’re facing. You can depend on us to advocate for your rights and fight for your freedom and future. When you hire Bruno Law Offices, we will thoroughly investigate the alleged crime to determine if the prosecution has adequate evidence to convict you. We’ll work meticulously and effectively to contradict their theories and prove your innocence. It’s our goal to get the charges against you reduced to a lesser offense or dropped entirely.
We have been representing individuals in Illinois since 1980, and we’re good at what we do. We are well-versed in the state and federal drug laws that may apply to your case, and we have represented clients facing misdemeanor or felony charges for possession, distribution, manufacturing, and many other types of drug crimes.
This can be a stressful and frightening time in anyone’s life, and we’ll help you through every step of the case. To find out more about how we can help, schedule an initial consultation with one of our Champaign drug crime lawyers by calling (217) 328-6000 today.
Types of Drug Crimes
At Bruno Law Offices, we represent clients facing charges of a wide range of drug offenses. These may include:
- Drug possession
- Trafficking and distribution
- Possession with intent to sell or delivery
- Paraphernalia possession
Any of the above crimes could include various types of drugs. The Drug Enforcement Administration (DEA) categorizes different controlled substances by its potential for abuse and dependency. These categories are known as schedules. They include the following:
Schedule I substances, drugs, or chemicals with a high potential for abuse. Examples include:
Schedule II drugs, chemicals, or substances with the potential for abuse and severe physical and psychological dependence. Examples include:
Schedule III chemicals, substances, or drugs with a moderate to low potential for psychological and physical dependence. Examples include:
- Anabolic steroids
- Products with no more than 90 milligrams of codeine per dosage unit
Schedule IV drugs, chemicals, or substances with a low potential for dependence and abuse. Examples include:
Schedule V substances, drugs, or chemicals have a lower abuse potential than Schedule IV. They also contain minimal quantities of certain narcotics. Examples include:
How Illinois Law Impacts Marijuana Possession
With the passage of a new law legalizing cannabis in Illinois, there might be some confusion about what’s considered legal possession.
Possession of marijuana: Residents who are at least 21 years of age can possess:
- No more than 30 grams of marijuana
- No more than 500 mg of THC in a product infused with marijuana
- No more than 5 grams of marijuana concentrate
Sale of marijuana: Only dispensaries with proper licensing may sell marijuana.
Transport of marijuana: Those with a transportation license are allowed to transport and deliver marijuana.
Medical marijuana: Patients with a valid card may purchase and use marijuana for their debilitating medical condition or illness. Examples include, but are not limited to:
- Crohn’s disease
- Alzheimer’s disease
- Ulcerative colitis
- Seizure disorders
- Multiple sclerosis
- Chronic pain
Penalties for Drug Offenses in Illinois
Whether you’re charged with a misdemeanor or felony drug crime depends on the type and amount of the drug found in your possession.
Marijuana Possession Penalties
- No more than 30 grams: No penalty
- 30 to 100 grams (first offense): Misdemeanor charge with one year jail time and a $2,500 fine
- 30 to 100 grams (more than one offense): Felony charge with one to three years in jail and a $25,000 fine
- 100 to 500 grams: Felony charge with one to three years in jail and a $25,000 fine
- 500 to 2,000 grams: Felony charge with two to five years in jail and a $25,000 fine
- 2,000 to 5,000 grams: Felony charge with three to seven years in jail and a $25,000 fine
- Over 5,000 grams: Felony charge with four to 15 years in jail and a $25,000 fine
Marijuana Sale or Trafficking Penalties
- 2.5 grams or less: Misdemeanor charge with up to six months in jail and a $1,500 fine
- 2.5 to 10 grams: Misdemeanor charge with up to one year in jail and a $2,500 fine
- 10 to 30 grams: Felony charge with one to three years in jail and a $25,000 fine
- 30 to 500 grams: Felony charge with two to five years in jail and a $50,000 fine
- 500 to 2,000 grams: Felony charge with three to seven years in jail and a $100,000 fine
- 2,000 to 5,000 grams: Felony charge with four to 15 years in jail and a $150,000 fine
- Over 5,000 grams: Felony charge with a minimum mandatory sentence of six years in jail up to 30 years and a $200,000 fine
Controlled Substance Possession Penalties
It is a class 1 felony to possess morphine, LSD, heroin, cocaine, or hallucinogenic substances. Depending on the amount, you could face the following sentencing:
- 15 to 99 grams: Four to 15 years in prison
- 100 to 399 grams: Six to 30 years in prison
- 400 to 899 grams: Six to 40 years in prison
- Over 900 grams: Ten to 50 years in prison
If the offense involves a hallucinogenic substance or LSD in object form, such as pills, blotter paper, capsules, or dots, sentencing will depend on the number of objects found in your possession:
- 15 to 199 objects: Four to 15 years in prison
- 200 to 599 objects: Six to 30 years in prison
- 600 to 1,499 objects: Eight to 40 years in prison
- 1,500 or more objects: Ten to 50 years in prison
Possession of substances that contain at least 200 grams of barbituric acid, peyote, or amphetamine comes with a four to 15-year prison sentence and a maximum of $200,000 in fines.
If you have at least 30 grams of methaqualone, ketamine, pentazocine, or PCP in your possession, you could face four to 15 years in prison and a $25,000 fine.
A class 4 felony refers to possession of any amount of a schedule I or II controlled substance. The penalties include:
- Maximum of $25,000 fine
- One to three years in prison
Sentencing can vary if you’re a repeat offender:
- Repeat offense: The penalties could double if you’re convicted more than once for the same drug crime.
- Mandatory minimum sentences: If you’re found guilty of a class 1 felony within ten years, the court will use minimum mandatory sentencing guidelines for that specific crime.
Defenses Used Against Drug Offenses
If you get arrested or charged with a drug offense, it’s vital that you hire an experienced Champaign drug crime lawyer from Bruno Law Offices immediately. We will create a strategy to get the charges reduced, or your entire case dismissed. We know you’re facing an uncertain future. It can be a frightening experience to go through. We promise we will work diligently to protect your rights and advocate for your freedom.
The most common defenses in drug crime cases include:
- Law enforcement conducted an illegal search and seizure.
- The arresting officer didn’t read Miranda rights.
- The offender didn’t know about the drugs in their possession or wasn’t involved in crimes committed involving those drugs.
- Someone planted those drugs to frame the defendant.
- Another person used force or threats against the offender to commit the crime.
- A witness falsely identified the defendant.
- The harmless substance was mistaken for an illegal drug.
Even if you’re guilty of the crime, we will work to get the charges reduced or reach a plea agreement for a lesser sentence. There are times when law enforcement violates an offender’s rights, and that gives us a valid reason to get specific evidence thrown out, so jury members won’t see it during the trial. In other situations, the charges brought against you might be unfair, and we can ask the court for a reduced charge that fits the offense.
If you’re innocent, we will use all the evidence we find to prove it. You shouldn’t have to suffer the consequences of a crime you didn’t commit. It’s up to the prosecution to prove you’re guilty beyond a reasonable doubt. It’s our job to poke holes in their theories and show that you have a solid alibi when the crime was committed or there’s other evidence that proves you weren’t involved.
Contact Bruno Law Offices for Help With Your Drug Crime Case
Our Champaign drug crime lawyers understand the harsh reality of a drug charge. Convictions come with ramifications that can impact a person’s job, family, reputation, and future. When you hire Bruno Law Offices, our legal team will review all the details of your case to determine the available legal options. We will fight persistently for your freedom and to prove your innocence.
We’ve been providing clients with legal strategies for four decades. We have the experience, knowledge, and skills to defend you successfully against various drug offenses. You can depend on our Champaign drug crime lawyers to provide you with exceptional representation throughout your case. You won’t be alone during this challenging time in your life.
If you’re facing a drug conviction and need help building your defense, call Bruno Law Offices at (217) 328-6000 to schedule your initial consultation.