Drug Charges Information Center

When facing drug charges, the best kind of criminal attorney to have on your side is a lawyer who knows the law and who knows the court systems in DuPage, Cook, Will, Kane, Kendall and other counties.  Suburban Chicago area defense lawyer Vincent F. Cornelius has the necessary experience plus he approaches each drug charge case as unique. He has extensive experience in defending Metro Chicago drug charges.

Every situation is different - from the facts of the case to the personal circumstances of the defendant. Mr. Cornelius takes a personal interest in each case and begins his research into each case on the first phone call. However, the following information provides a general background on drug charges, and may answer some of your questions before you consult an attorney.

Drug Crimes - An Overview

Drug crimes can include everything from simple possession to allegations of manufacture, sale or delivery of illegal substances. Defendant’s charged with drug offenses can be charged under state or federal laws. Depending on the severity of the offenses a defendant convicted of a drug crime can be sentenced to prison, jail, or probation and ordered to pay restitution, drug fines and assessments, or face forfeiture of property including cash and vehicles.

Usually larger quantities of drugs result in harsher penalties than smaller quantities but even possession of a small amount can result in significant sentences if the perpetrator also possesses a weapon or is within a protected zone such as a school, park or public housing complex. It is important to consult an experienced criminal defense attorney as soon as possible to help protect your rights and maximize your chances for a favorable outcome in the case.

Federal and State Drug Laws

There are both federal and state laws in place that govern possession, manufacturing, and delivery of controlled substances. Controlled substances are classified by Schedules defined by federal and state governments. In Illinois cannabis, or marijuana, is classified separately from controlled substances.

The severity of the drug offense depends on the quantity and statutory schedule of the drug. For example, in Illinois certain marijuana possession offenses are misdemeanor offenses but all controlled substance possession offenses are felonies regardless of the amount possessed.

The penalties for drug offenses differ under State and Federal laws. Often it is more favorable for the defendant to be charged under the state statutes as the federal penalties for the same offense are harsher. If you are facing drug charges it is important to contact an experienced criminal defense attorney immediately to insure you protect your rights

Drug Crimes and Penalties

A wide range of offenses are covered by drug laws. These include possession, manufacture, delivery, trafficking, prescription fraud and forgery. Any attempt or conspiracy to commit these offenses is also a crime. In addition, federal law criminalizes the participation in a continuing criminal enterprise.

In drug cases, the evidence is often obtained during the execution of a search warrant. This means there may be questions regarding whether the search warrant was lawfully obtained and executed. If the evidence is obtained in violation of the defendant’s constitutional rights the court should exclude the evidence from trial. Allegations of violations of constitutional rights can be pursued in pretrial hearings where a judge determines if the police followed the appropriate procedures in obtaining the evidence.

If you are found guilty of a drug crime you could face probation, jail or prison time. In addition you could be ordered to pay substantial fines, costs and fees. Most states now have drug court programs available to defendants charged with drug offenses. Drug court programs seek to rehabilitate drug addicts and emphasize treatment over incarceration. They generally have rules that are tougher than normal probation rules and rely on immediate accountability for those who break the rules. Often drug courts offer deferred prosecution for first time offenders which means the offender will not be convicted of a criminal offense if they successfully complete the drug court program.

Illinois also has special first offender probation for those charged with possession offenses. Under this special probation the defendant may never be convicted of the offense if they successfully complete the specialized probation sentence.

For those not eligible for special sentencing programs the potential punishment depends on the severity of the crime charged. The penalties can range from simple probation to many years in prison. Engaging the services of an experienced criminal defense attorney as early as possible in the process can help insure that a criminal defendant receives the most favorable sentence possible.

If You Have Been Charged With a Drug Crime

Do not underestimate the seriousness with which the court system treats drug offenses. If you have been arrested for a drug crime, the time to consult an experienced attorney is TODAY. Vincent F. Cornelius, former criminal prosecutor, can be reached in Joliet or Wheaton, Illinois.

Joliet Office 815-723-7300

Wheaton Office 630-665-6644

If you prefer, contact attorney Cornelius by e-mail or complete the Criminal Law Intake Form and bring it in for your appointment.

Free initial consultation. Major credit cards accepted.