DRUG CHARGES ATTORNEY
I’ve been charged with a drug-related crime, now what?
The Ivec Law Firm is your best defense against drug charges. Former Will County State’s Attorney JohnPaul Ivec, a drug charges attorney, can help even the score if you are facing prosecution for possessing or selling drugs. Call the Ivec Law Firm if you are charged with any of the following drug-related offenses:
- Unlawful Possession of Cannabis (“UPC”)
- Possession with Intent to Manufacture or Deliver Cannabis
- Cannabis Trafficking
- Unauthorized Production or Possession of Cannabis Sativa Plant
- Unlawful Possession of a Controlled Substance (“UPCS”)
- Possession with Intent to Manufacture or Deliver a Controlled Substance
- Controlled Substance Trafficking
- Criminal Drug Conspiracy
Possession or Sale of Marijuana or Drugs
The state of Illinois classifies controlled substances by dividing them into five “schedules” depending on factors such as the individual drug’s addictive quality and potential for abuse. The punishment for drug possession can be considered a Class A, B, or C misdemeanor, or a Class 1, 2, 3, or 4 felony, depending on the type and amount of the drug possessed. Sentences for these offenses can range from probation for small amounts of drugs and first-time offenses, to long periods of incarceration of up to 50 years, along with steep fines of up to $200,000 or the street value of the drug, whichever is greater. Similarly, possession of marijuana can be treated either as a Class A, B, or C misdemeanor or a Class 1, 2, 3, or 4 felony offense depending on the amount, and can involve punishment from probation to up to 15 years incarceration, as well as steep fines.
Offenses involving the distribution of drugs or possession with the intent to distribute drugs can result in even more severe punishment, These sentences can include up to a 60-year jail term, fines of up to $500,000, or the street value of the drug (whichever is greater), and sometimes even mandatory minimum incarceration periods for Class X felony offenses, which involve Schedule I drugs, large quantities of drugs, or repeat offenses. The delivery of marijuana or possession with intent to deliver can result in similarly harsh penalties.
Defenses to Drug Charges
Fortunately, you do not have to accept these harsh punishments without a fight. You have a right to fight the charges against you and to force the government to meet its burden of proof before you can be found guilty. There are many effective defenses that you can raise when you are charged with a drug offense:
- Lack of probable cause for your arrest
- Illegal seizure of the drugs
- Violations of your constitutional rights
- Intentional misconduct by the police
- Problems with the chain-of-custody or chemical analysis of the drugs that were seized by the police in your case
- Mistaken identity
- Innocent presence
- Insufficient evidence against you
An effective drug charges attorney must include careful consideration of the police activities that led to the seizure of the drug evidence. Improper police procedure and violations of the Fourth Amendment’s prohibition against unreasonable searches and seizure will often result in the suppression of evidence and very likely, the dismissal of drug charges against the accused. However, the exclusion of illegally seized evidence is not automatic. Judges will rarely throw out the evidence on their own. Instead, an able defense attorney like JohnPaul Ivec must investigate and file a motion to suppress evidence in order to establish the record that will be necessary to lead to the suppression of drug evidence and ultimately, the dismissal of drug charges.
A Drug Charges Lawyer on Your Side
Ivec Law will scrutinize the actions of the police for any mis-steps that could result in the suppression of the evidence that the government plans to use against you. We will uncover the evidentiary flaws that may exist in your case. By bringing these flaws to light quickly, we can assist you by making it less likely that the prosecutor will continue to pursue the charges against you. If the prosecutor does persist with the charges, JohnPaul Ivec will use his experience and expertise to zealously present your best possible defense.
Although sentences for drug-related convictions can be very severe, there are provisions of Illinois law that permit leniency, especially for first-time offenders. A knowledgeable and persuasive drug charges attorney like JohnPaul Ivec can protect you and your freedom by advocating for the least onerous punishments that the law allows for drug-related convictions.