Understanding Cocaine Possession Charges in Illinois

 Posted on April 17, 2017 in Drugs and Narcotics

If you have been charged with possession of cocaine, you could be facing serious penalties. While every case is different, courts tend to adhere to the penalty ranges set forth in the law. A qualified defense attorney can help you understand the applicable statutes and your available options.

Charges for Possession of Cocaine

Cocaine is considered a controlled dangerous substance (or CDS). The penalties for cocaine possession are generally determined by the amount of the drug recovered. Possession of cocaine is considered a felony and a conviction will result in severe consequences:

• For possession of fewer than 15 grams, a convicted person will face one to three years in prison and fines of up to $25,000.
• For possession of 15-99 grams, a convicted person will face four to 15 years in prison;
• For possession of 100-399 grams, a convicted person will face six to 30 years in prison;
• For possession of 400-899 grams, a convicted person will face eight to 40 years in prison; and
• For possession of 900 grams or more, a convicted person will face 10 to 50 years in prison.

For any conviction of more than 15 grams of cocaine, a person could face a fine of up to $200,000. The fine can exceed $200,000 based on the street value of the cocaine recovered.

Other Factors That May Increase Penalties

Prior drug convictions can increase your sentence. Also, under Illinois law, if the drug offense takes place near a school or bus stop, your sentence may be enhanced. Prosecutors may try to build a case against you that you were selling or had intent to sell cocaine. Penalties for sale, trafficking or manufacture are much greater and also vary based on the amount of the drug recovered.

The amount of the drug found on you, or in your home or vehicle, as well as the circumstances leading up to your arrest may all be used as evidence of your intent to sell.

Possible Defenses to Drug Crimes

A criminal lawyer will listen to your case and review all documents drafted by police, detectives, and prosecutors relating to your charges. A skilled lawyer will be able to spot instances where police did not follow the law in executing the search or in arresting you. These are constitutional violations that courts take seriously. A lawyer will also be able to look for any weaknesses in the evidence being used against you.

Contact a Chicago Defense Attorney

Being charged with a drug crime is serious, but you still have rights. Our firm prides itself on defending the constitutional rights of those accused. To learn more about how we can help you, contact an experienced Chicago drug crimes defense attorney. Call 773-276-5541 for a free consultation at Luisi Legal Group today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K401