Experienced Former Prosecutor
Possession of a Controlled Substance
NOT GUILTY!
Domestic Violence
Aggravated Domestic Battery with a weapon, a felony and misdemeanor Domestic Battery.
CHARGE DISMISSED!
NOT GUILTY!
DUI
Client was charged with her third DUI. Gus was able to convince the court that the police violated the client’s rights.
CHARGES DISMISSED!
NOT GUILTY!
DUI
Client was charged with DUI, officer’s report indicated that client was driving erratically.
CASE DISMISSED!
NOT GUILTY!
Domestic Battery
Client was charged with Domestic Battery of a Child, the police report included photos depicting bruising.
CASE DISMISSED & EXPUNGED!
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.
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.
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.
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Kostopoulos Law Group
Top-Rated Criminal Defense Law Firm in Dupage County
- 630-283-8024
- 18W140 Butterfield Rd #1504, Oakbrook Terrace, IL 60181
