Rock Island Drug Possession Defense Attorney

In Illinois, nearly all drug possession charges are felonies. That’s true for a wide range of drugs, even if you’re only in possession of a tiny amount. That means any drug possession conviction can have serious consequences—and those consequences often go beyond the direct penalties imposed by the court. 

If you’ve been charged with drug possession, you owe it to yourself to talk to an experienced Rock Island criminal defense attorney right away, before you make any decisions. 

Illinois Controlled Substance Schedules

Like the federal government, Illinois breaks out controlled substances into five schedules. Here’s how each is defined: 

Schedule I drugs have a high potential for abuse, and either have no currently accepted medical use or lack accepted safety standards for use in treatment under medical supervision. 

Examples of Schedule I drugs include heroin, psilocybin, MDMA and peyote.

Schedule II drugs have a high potential for abuse, but have a currently accepted medical use or an accepted medical use with severe restrictions, and abuse may lead to severe psychological or physiological dependence. 

Examples of Schedule II drugs include codeine, oxycodone, fentanyl and methamphetamine.

Schedule III drugs have a lower potential for abuse relative to Schedule I and II drugs, have a currently accepted medical use, and abuse may lead to moderate or low psychological or physiological dependence. 

Examples of Schedule III drugs include anabolic steroids, ketamine, and compounds including a limited amount of codeine, such as Tylenol with codeine. 

Schedule IV drugs have a low potential for abuse relative to Schedule III drugs, has a currently accepted medical use, and abuse has a potential for limited physiological or psychological dependence relative to schedule III drugs. 

Examples of Schedule IV drugs include Xanax, Valium and Ambien. 

Schedule V drugs have a low potential for abuse relative to Schedule IV drugs, have a currently accepted medical use and abuse may lead to limited physiological or psychological dependence relative to Schedule IV drugs. 

Examples of Schedule V drugs include solutions and compounds containing a small amount of a scheduled drug, such as cough medicine with codeine.

Illinois Drug Possession Law

The classification of drug possession crimes and sentencing is complicated in Illinois. Both depend on factors including the Schedule the drug appears on, the specific drug, and the quantity possessed. 

For example, possession of a substance containing cocaine or heroin in certain quantities is a class 1 felony. Class 1 felonies in Illinois typically carry a possible sentence of 4-15 years. That is the sentencing range for possession of at least 15 grams but less than 100 grams. But, increased quantities can significantly increase the potential prison sentence: 

• At least 100 but less than 400 grams – 6-30 years in prison
• At least 400 but less than 900 grams – 8-40 years in prison
• 900 or more grams – 10-50 years in prison

The best way to learn more about the possible consequences of the particular type of drug possession you’re charged with is to talk to an experienced Illinois drug possession defense lawyer. 

Defending Against Drug Possession Charges

A drug possession conviction can mean prison time, heavy fines, and a criminal record that can have ongoing consequences. But, not every drug charge ends in conviction. 

Section 410 Probation

One possible way to avoid a drug possession conviction and the associated prison sentence is for your attorney to negotiate for 410 probation. While probation usually comes after a conviction, the 410 program allows some defendants to avoid a conviction by completing probation after a guilty plea, but before a judgment of conviction is entered. 

While on 410 probation, the defendant must report to a probation officer, undergo drug testing, participate in community service, and abide by other requirements and restrictions. The term of probation is usually two years. If the defendant successfully completes the term of probation, the judgment of conviction is never entered. However, if you violate the terms of probation, a conviction can be entered based on your earlier guilty plea, without a trial. 

Fighting Drug Possession Charges

It’s always the prosecution’s responsibility to prove guilt beyond a reasonable doubt in a drug possession trial. The best way to fight drug charges in Illinois will vary depending on the specifics of your case. For example, the drugs may have been discovered through an illegal search, meaning that your attorney may be able to have the evidence suppressed. When evidence is suppressed, the jury doesn’t get to hear about it at all. So, suppression may make it impossible for the prosecution to move forward with the case. 

The Illinois drug possession statute prohibits “knowingly” possessing listed drugs without authorization, and it’s up to the prosecution to prove that you were in possession of the drugs, and that the possession was knowing. Both elements can be a bit unclear, especially if the drugs are found in a space you share with one or more other people, or that is accessible to others. 

Other defenses or strategies may apply in your case. 

Find Your Best Defense to Drug Charges Today

After more than a decade of fighting for people charged with crimes in Illinois, I know how stressful the time after an arrest can be. I also know how important it is that you have knowledgeable guidance from the start. That’s why I offer free consultations to people charged with crimes in and around Rock Island. 

To learn how I can put my extensive criminal defense experience to work for you, fill out our contact form or call 309-752-8500 right now.