20+ Years of Experience
Possession of a Controlled Substance
If you or someone you know has been charged with Possession of a Controlled Substance, the skilled attorneys at Kostopoulos Law Group can help. Contact us today for a free consultation to learn about your legal rights.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Dupage County Possession of a Controlled Substance Attorney
Have you been arrested, or are currently facing criminal charges, for possession of drugs in Chicago? If so, it is essential to contact an experienced Chicago criminal defense attorney as soon as possible. Illinois is currently aggressively prosecuting any drug charges, including those for possession. If convicted, you could face decades behind bars and be required to pay tens of thousands of dollars in fines. You have the right to defend yourself against any criminal charges, and having a former prosecutor by your side will certainly help. Contact Chicago criminal defense attorney Gus Kostopoulos today to request a free consultation and learn more.
get free consultation
Possession of Controlled Substances – 720 ILC 570/402
In Illinois, it is illegal to knowingly possess a controlled substance without lawful purpose under 720 ILCS 570/402. Controlled substances are defined by both state and federal law. Classifications range from Schedule I (the most serious, having no medicinal value) to Schedule IV (the least serious, having some legitimate medicinal value). Even though doctors are permitted to prescribe any controlled substance not classified as a Schedule I drug, it is a crime to possess these drugs without a lawful prescription. As a result, it can be a crime to possess drugs that are technically legal.
What is Knowledge?
It is only a crime to knowingly possess a controlled substance. This means that you cannot be convicted if you were not aware that drugs were present on your person or within your control. When will you be considered to have knowledge, for purposes of the Illinois Controlled Substances Act?
Illinois defines knowledge to mean acting intentionally and willfully. You will be considered to knowingly possess drugs when, after all circumstances are evaluated, you are consciously aware of your conduct, or acted with purpose and intent.
You will be considered to have knowledge of something if you are aware that there is a “substantial probability that a fact exists.” In other words, you will be considered to have knowledge if you should be aware that something is true.
Actual vs. Constructive Possession
You can have possession of drugs in one of two ways: actual or constructive.
Actual Possession: Actual possession means that the drugs are physically on your person. This could mean that they are in your pocket, concealed in your shoe, or tucked away in the backpack you are holding.
Constructive Possession: Constructive possession means that the drugs are not directly on your person, but that you have the ability and right to control the property elsewhere. For example, drugs stashed in your home or car would be considered to be in your possession, even though you may not in physical possession of them at this moment.
“Got my felony completely dismissed!”
My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Penalties for the Unlawful Possession of a Controlled Substance
The penalty for knowingly possessing a controlled substance will depend on the type and amount of the drug in your control.
Marijuana
Possession of marijuana is illegal unless you have a medical marijuana card and a lawful prescription. Penalties for the unlawful possession of marijuana depend on the amount of the drug you have:
2.5 grams: Class C Misdemeanor, punishable by 30 days in jail and/or $1,500 in fines
2.5 -10 grams: Class B Misdemeanor, punishable by 6 months in jail and/or $1,500 in fines
10-30 grams: Class A Misdemeanor, 1 year in jail and/or $2,500 in fines
2.5 – 30 grams (subsequent offense): Class 4 Felony, 1-3 years in prison and/or $25,000 in fines.
30-500 grams (first offense): Class 4 Felony, 1-3 years in prison and/or $25,000 in fines
30-500 grams (subsequent offense): Class 3 Felony, 2-5 years in prison and/or $25,000 in fines.
Heroin
Possession of less than 15 grams of heroin is a Class 4 Felony, punishable by 1-3 years in prison and $25,000 in fines.
Possession of more than 15 grams of heroin is a Class 1 Felony, punishable by $200,000 in criminal fines and a term of imprisonment depending on the amount of the drug in your possession.
- 15 – 100 grams: 4-15 years in prison
- 100 – 400 grams: 6-30 years in prison
- 400 – 900 grams: 8-40 years in prison
- > 900 grams: 10-50 years in prison
Cocaine
Possession of less than 15 grams of cocaine is a Class 4 Felony, punishable by 1-3 years in prison and $25,000 in fines.
Possession of more than 15 grams of cocaine is a Class 1 Felony, punishable by $200,000 in criminal fines and a term of imprisonment depending on the amount of the drug in your possession.
- 15 – 100 grams: 4-15 years in prison
- 100 – 400 grams: 6-30 years in prison
- 400 – 900 grams: 8-40 years in prison
- > 900 grams: 10-50 years in prison
Methamphetamine
Possession of less than 15 grams of methamphetamine is a Class 4 Felony, punishable by 1-3 years in prison and $25,000 in fines.
Possession of more than 15 grams of methamphetamine is a Class 1 Felony, punishable by $200,000 in criminal fines and a term of imprisonment depending on the amount of the drug in your possession.
- 15 – 100 grams: 4-15 years in prison
- 100 – 400 grams: 6-30 years in prison
- 400 – 900 grams: 8-40 years in prison
- > 900 grams: 10-50 years in prison
Ecstasy
Possession of fewer than 15 tablets of ecstasy is a Class 4 Felony, punishable by 1-3 years in prison and $25,000 in fines.
Possession of more than 15 tablets of ecstasy is a Class 1 Felony, punishable by $200,000 in criminal fines and a term of imprisonment depending on the amount of the drug in your possession.
- 15 – 200 tablets: 4-15 years in prison
- 200 – 600 tablets: 6-30 years in prison
- 600 – 1,500 tablets: 8-40 years in prison
- > 1,500 tablets: 10-50 years in prison
Morphine
Possession of less than 15 grams of morphine without a prescription is a Class 4 Felony, punishable by 1-3 years in prison and $25,000 in fines.
Possession of more than 15 grams of morphine without a prescription is a Class 1 Felony, punishable by $200,000 in criminal fines and a term of imprisonment depending on the amount of the drug in your possession.
- 15 – 100 grams: 4-15 years in prison
- 100 – 400 grams: 6-30 years in prison
- 400 – 900 grams: 8-40 years in prison
- > 900 grams: 10-50 years in prison
LSD
Possession of less than 15 grams of LSD is a Class 4 Felony, punishable by 1-3 years in prison and $25,000 in fines.
Possession of more than 15 grams of LSD is a Class 1 Felony, punishable by $200,000 in criminal fines and a term of imprisonment depending on the amount of the drug in your possession.
- 15 – 100 grams: 4-15 years in prison
- 100 – 400 grams: 6-30 years in prison
- 400 – 900 grams: 8-40 years in prison
- > 900 grams: 10-50 years in prison
Penalties will be aggravated if you have a significant amount of a controlled substance in your possession. In these situations, prosecutors will likely pursue criminal charges for possession with the intent to distribute.
Fighting Drug Possession Charges in Chicago
If you have been arrested for illegally possessing a controlled substance in Chicago it is important to speak with a drug crime defense attorney as soon as you can. Criminal drug charges are very serious and a conviction will change your life forever. Hiring an attorney to handle your defense will increase the chances of a successful outcome. Contact former prosecutor Gus Kostopoulos today to find out how he can help you defend against drug possession charges in Chicago. It is important to act quickly, so do not hesitate to call today.
Awards and Associations
Get Free Consultation
Top-client-rated criminal defense law firm in Dupage County. Don’t settle for less when your liberty, family, and life are on the line.
Call Dupage County and Cook County criminal defense attorney Gus Kostopoulos today to discuss your case.
