Have You Been Convicted, or Charged with a Drug Crime in Chicago Illinois? A Skilled and Knowledgeable Criminal Attorney Can and Will Guide You More Easily Through the Illinois Criminal Process

Some of the most frequently prosecuted criminal cases in Chicago and all of Illinois involve violations of the various drug laws.  In Chicago and Cook County, the most common drug cases involve cannabis (marijuana), cocaine and heroin.  Other cases involve narcotics such as methamphetamine, ecstasy, PCP and other illegal drugs.  The severity of the offense and the possible punishment involved depends on many factors that will be covered below.

The first factor in determining the severity of a particular drug offense is to look at the particular substance involved in the case.  A violation of the cannabis laws generally results in the prosecution of a misdemeanor offense unless the person possessed more than 30 grams or possessed more than 10 grams with the intent to deliver (sell) or actually delivered that amount.  As such, cannabis, although illegal in Illinois, is the least serious of the typical narcotics bough and sold in Chicago and the suburbs.  On the other hand, possession of any amount of cocaine, heroin, methamphetamine or most other narcotics are considered a felony offense.  This is true regardless of the quantity possessed.  In Illinois, there is no such thing as a misdemeanor amount of cocaine, heroin or methamphetamine.

The second factor in determining possible punishment is the quantity or weight of the particular drug involved.  Generally speaking, the higher the quantity of a particular drug that is found, the higher the offense level and possible punishment.  For cannabis, the following weight categories will determine the level of offense.  2.5 grams or less (Class C misdemeanor), more than 2.5 grams but less than 10 grams (Class B misdemeanor), more than 10 grams but not more than 30 grams (Class A misdemeanor), More than 30 grams but not more than 500 grams (Class 4 felony) and so on.  If a person possesses over 5,000 grams of cannabis, they face a Class 1 felony punishable by from 4-15 years in the Illinois Department of Corrections.

For controlled substances such as cocaine and heroin, the weight classifications break down in the following manner. Less than 15 grams (Class 4 felony), more than 15 grams but not more than 100 grams (Class 1 felony), more than 100 grams but not more than 400 grams (Class X felony), more than 400 grams but not more than 900 grams (Super Class X felony).  As you can see, narcotics such as cocaine and heroin are much more serious than cannabis and smaller quantities can land a person in prison for a very long time.  It is important to note that Illinois law makes no distinction between "crack" cocaine and "powder" cocaine (unlike the federal laws).

The third main factor in determining a range of punishment is whether the person simply possessed an illegal substance or whether they delivered the substance or possessed it with the intent to deliver.  Any time a person delivers or intends to deliver a controlled substance, the punishment is more severe than simple possession.  The idea of course being that the society wants to punish the dealer or trafficker more severely than the user.  Prosecutors have an easy charging decision when the suspect is actually caught selling narcotics to a citizen or an undercover police officer.  The more difficult decisions come when the person was not caught selling but possessed an amount that seems too large for personal consumption.  Prosecutors and police will look not only at the quantity of the substance but whether there was other evidence of an intent to deliver.  Examples include large amounts of cash, digital scales or other evidence that would suggest the person arrested was in the business of selling illegal drugs instead of simply using them.

Should you find yourself facing criminal prosecution for a drug crime in Chicago, or any city in Illinois, then you should immediately consult with an experienced criminal defense lawyer.  In drug cases, police often search people in violation of their constitutional rights.  An aggressive lawyer may be able to force the prosecution to dismiss a drug case where police misconduct violated the rights of the accused.  A skilled and knowledgeable criminal attorney can and will guide you more easily through the criminal process and give you the best opportunity to avoid jail, large fines and a criminal record.

What To Do If You Are Arrested

People often ask me what to do if they are arrested. It is important to know that the decisions you make immediately after your arrest can shape the outcome of your case. The following guide provides some important things to keep in mind should you find yourself under arrest.

Be Polite to the Police

The first thing to do when you are arrested is to show respect to the police officer(s) making the arrest. I am not saying this to lecture you about your manners. I am saying this because police officers like to be treated with respect. Often times these police officers who are placing you under arrest will have some discretion on whether to charge you with a crime or let you go. They have discretion in whether to release you with a misdemeanor charge or to contact detectives to seek felony charges. Therefore, it is in your best interest to be polite and courteous to the police. I have seen many cases both as a prosecutor and a criminal defense lawyer in which a client with a big mouth has talked himself/herself into more and greater charges by arguing and angering the police. Conversely, I have had many cases in which an officer that was treated well signs off on a reduction of charges in court. Important note: this does not mean to give a confession. Don't do that. Just be nice.

The Officer is Not Your Friend

I have learned that the best police officers and detectives are those that treat the person arrested with respect. When police yell and scream at suspects, the person tightens up and does not cooperate. It is the friendly officer who gets suspects to talk. Do not fall for this. "Nice" officers will often act as though they are your friend. They will offer "friendly" advice. They will politely tell you that if you "just tell us what you did; you will walk out of here tonight." These kinds of promises are almost always false. The officer is not your friend. It is his job to get a confession from you and then charge you with a crime. As I will discuss in a future section, it is best to realize you are your only friend when you are under arrest. Ask for a criminal defense lawyer and politely decline to speak.

Ask For a Lawyer

The most important thing to do when you are under arrest is to immediately ask for a defence lawyer. The officer is not going to provide you with a lawyer. However, when you ask for a criminal defense lawyer, the officer is no longer allowed to discuss the case with you. They are obligated to stop all questioning. They don't always follow this rule. Therefore, you need to continue to ask for a defence lawyer. Eventually, they will stop questioning you. Your request for a lawyer can never be used against you. It is your constitutional right so take advantage of it. Police will often try to make you feel bad about asking for a criminal defense lawyer. They might say, "If you are innocent, why do you need a criminal lawyer?" Just continue to ask for a lawyer. Any statement you make will hurt you later.

Don't Try and Outsmart the Police

I often meet clients who made the horrible mistake of thinking they can outsmart the police. I don't care how smart you are, this is not your area of expertise. You will not be able to talk your way out of trouble. If the police have enough evidence to charge you, they will charge you. This is true regardless of what you say. The only thing you can doing by talking to the police about the case is to fill in the blanks necessary to charge you with the crime. I have seen many suspects who would have walked out the door of the police station until they opened their mouths and started talking. It is always best to politely ask for a lawyer and stop talking.

If you are Charged, Don't talk to anyone About your Case (Other than your lawyer)

If you should have the misfortune of being charged with a crime, do not talk to anyone about your case. You should only speak with your criminal lawyer about your case. There are many people out in the world who do not care about you or your freedom. When you decide to share the details of your case with one of your "friends", it may come back to haunt you in a serious way. Many people are also facing prosecution. One way that they may catch a break on their case is to provide information about another person or crime. I have seen many cases where individuals talked to "friends" only to have the "friend" go to the police with the information. The bottom line is that you should only speak with your criminal defense lawyer.

Andrew M. Weisberg is an aggressive criminal defense lawyer Chicago who has been serving clients throughout Illinois for many years. Areas of expertise are in laws relating to murder, traffic violations and more. Hire an experienced DUI Defense Lawyer Chicago.