20+ Years of Experience
Possession With Intent to Distribute
Have you been arrested for possession with intent to distribute in Chicago? If so, it is important to speak with an experienced Chicago criminal defense attorney as soon as possible. Attorney Gus Kostopoulos is a former Assistant State’s Attorney.
He uses his experience as a prosecutor to get the best possible results for his clients. He knows how the prosecution works and is able to use this to his client’s advantage. Contact Gus today to learn more about how he can help you fight charges for possession with intent to distribute.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Possession With Intent to Distribute in Illinois
The Illinois Controlled Substances Act makes it a crime to possess a controlled substance with the intent to deliver it to another person. Specifically, it is a crime to knowingly possess:
- a controlled substance,
- counterfeit substance, or
- controlled substance analog with the intent to deliver.
In most cases, you will be considered to have the intent to deliver a controlled substance when you have a large quantity in your possession.
Just because you are arrested for possession with intent to deliver does not mean that you will be formally charged or convicted. The prosecutor handling your case will be required to prove each essential element of the crime. If they cannot prove each element of the crime you cannot be convicted. If the prosecution believes that they have a weak case or may have difficulty proving their entire case they may try to get you to agree to a plea bargain. You can only be convicted of possession with intent to distribute if the prosecution can prove:
- You knowingly possessed a controlled substance; and
- You had the intent to distribute that controlled substance.
How can prosecutors prove that you had intent to distribute? In most cases, this will involve gathering evidence that supports this theory. Evidence that may suggest you had an intent to distribute could include:
- Possession of a large quantity of drugs;
- Scales to weigh and divide specific quantities;
- Small bags or containers;
- Labels; and/or
- Paraphernalia.
Police and witness testimony will often play a big role in establishing intent to deliver. The more evidence that prosecutors can gather, the easier it will be for them to establish intent.
Establishing the Severity of the Charges for Possession With Intent to Distribute
The specific charges and penalties you face will depend on a variety of factors.
First and foremost, it is important to understand that the type of drug that you have in your possession will be the primary factor in determining what type of penalties you may face. Crimes involving drugs such as heroin and methamphetamine carry a harsher punishment than those involving drugs like marijuana. Once the type of drug has been established other factors will play a role in finalizing the charges you face.
Factors that can influence the severity of the possession with intent to deliver charge you face include:
- The type of controlled substance in your possession;
- The amount of the controlled substance in your possession;
- Your prior criminal history;
- The presence of a firearm or weapon at the time of your arrest;
- The age of the intended recipient of the drugs; and
- The location where you were accused of intending to distribute the drugs.
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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
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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 Possession with the Intent to Distribute a Controlled Substance
Subtitle
Possession of a controlled substance with the intent to distribute is a felony offense in Illinois. The severity of the punishment you may face will depend on two primary factors: the type and amount of drugs in your possession. Here is a breakdown of the possible punishments for possession with intent to distribute in Illinois.
Possession of Cannabis with Intent to Distribute [720 ILCS 550/5]
| Amount in Possession | Length of Imprisonment | Maximum Fine |
|---|---|---|
| < 2.5 grams | 6 months in jail | $1,500 |
| 2.5 grams – 10 grams | 12 months in jail | $2,500 |
| 10 grams – 30 grams | 1 to 3 years in prison | $25,000 |
| 30 grams – 500 grams | 2 to 5 years in prison | $50,000 |
| 500 grams – 2,000 grams | 3 to 7 years in prison | $100,000 |
| 2,000 grams – 5,000 grams | 4 to 14 years in prison | $150,000 |
| > 5,000 grams | 6 to 30 years in prison | $200,000 |
Possession of Cocaine, Heroin, Morphine, Meth, or LSD with Intent to Distribute [720 ILCS 570/401]
| Amount in Possession | Length of Imprisonment | Maximum Fine |
|---|---|---|
| < 15 grams | 4 to 15 years in prison | $250,000 |
| 15 grams – 100 grams | 6 to 30 years in prison | $500,000 |
| 100 grams to 400 grams | 9 to 40 years in prison | $500,000 or street value* |
| 400 grams to 900 grams | 12 to 50 years in prison | $500,000 or street value* |
| > 900 grams | 15 to 60 years in prison | $500,000 or street value* |
The fine will be either $500,000 or the street value of the controlled substance, whichever amount is greater. These penalties will increase if you:
- use or discharge a firearm during the offense;
- attempt to distribute a controlled substance within 1,500 feet of a school, church, or public park; or
- Attempt to distribute a controlled substance to a minor.
Defenses to Possession With Intent to Distribute
There are a number of defenses that can be asserted to limit the negative consequences you face. Defenses to the crime of possession with intent to distribute include:
- You did not know you had the drugs in your possession;
- You lacked the required intent to distribute the controlled substance;
- You were falsely accused of the crime;
- The evidence against you was obtained through an illegal search and seizure; and/or
- You were the victim of an unlawful arrest.
Fighting Charges for Possession With Intent to Distribute
Have you been arrested for possession of a controlled substance with the intent to distribute? If so, it important to invoke your Constitutional rights to (1) remain silent, and (2) be represented by an attorney. Do not say anything that could be used to incriminate you. The only request you should make is to speak with a knowledgeable drug crimes attorney. These simple steps can make a world of difference in your criminal case.
If you have been charged with possession with intent to distribute in Illinois do not hesitate to contact the Kostopoulos Law Group. Our skilled team of Chicago criminal defense attorneys will fight to get the charges against you reduced or dismissed. Call us today to schedule your free consultation.
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