POSSESSION WITH INTENT TO DELIVER AND TRAFFICKING
What We Provide
POSSESSION WITH INTENT TO SELL OR DELIVER
Those convicted of drug crimes in Illinois can face harsh fines and imprisonment, depending on the type of drug and quantity recovered. To impact drug usage in Chicago and throughout Cook County, law enforcement and state prosecutors aggressively investigate and pursue individuals charged with possession with the intent to sell or deliver. These charges result in a felony offense.
Proving Intent to Sell or Deliver
Possession with intent to deliver is a two-element offense. In other words, for this charge to stick, prosecutors have to prove that you possessed a controlled substance and that you intended to sell or deliver that controlled substance. During a criminal case in Cook County courts, the prosecution has the burden of proof against both charges and must prove both charges beyond a reasonable doubt.
Penalties for Possession with Intent to Deliver in Illinois
Like with most crimes, the penalties associated with an alleged drug offense depend on the circumstances, the type and quantity of the drug, and prior convictions. Penalties can range from 1-3 years in prison for a conviction for a Class 4 felony and at least 6-30 years in prison for a conviction for a Class X felony.
If you’ve been charged with possession with the intent to deliver, you need to contact a Chicago drug crimes attorney to help build a strong defense and fight for a favorable outcome. Contact Wachnik Law LLC today at 847-892-5060 for a free consultation regarding your charges.
In Illinois, a person may be charged with drug trafficking when he or she is involved in the export or import of a controlled substances or cannabis into or out of the state of Illinois. To find the defendant guilty of drug trafficking, the state must be able to prove that the defendant:
Knowingly, brought or arranged transport of a controlled substance into or out of the state of Illinois with the intent to manufacture or deliver said substance in Illinois.
A controlled substance is either an illegal narcotic such as heroin or cocaine, or a controlled prescription medication possessed by the defendant without a legal prescription.
Drug Trafficking Penalties
Whether you are charged with drug trafficking or possession with intent to deliver a controlled substance, you will be facing felony charges. Penalties in Illinois could range from 6 to 60 years in prison, depending on the drug. For example, 15 grams or more of cocaine or heroin could result in a Class X felony trafficking offense.
DEFENSES IN A DRUG CASE
- Motion to Suppress Evidence -
Every American has the right to be free of illegal search and seizure. If law enforcement found the drugs without a proper warrant, procedures, or exigent circumstances, then that evidence may be suppressed in court.
We will review every detail of your case to make sure that your rights were respected at every step. Did the police have a valid reason for pulling you over? Did the police violate your 4th Amendment rights against “unreasonable search and seizure”? Are there any grounds for keeping the prosecution from using certain items as evidence? We will look for ways to build the strongest drug crimes defense strategy possible.
- Lack of Possession -
Showing to the court that the defendant did not have knowledge of the presence of the drugs.
- No Intent to Deliver or Sell the Drugs -
Imagine a cocaine user who wants to only use one gram of cocaine a day. In this case, storing the drugs in small individual baggies is not an intent to sell but an intent to limit personal usage. This is just one of many defenses to challenge the intent to deliver element of the criminal offense.
Contact Chicago and Cook Criminal Defense Attorney Eryk Wachnik Today
Being arrested on drug charges in Illinois can be a frightening experience, especially if you are facing the prospect of imprisonment and the life-long consequences of being a felon. With the help of Chicago and Cook County drug attorney Eryk Wachnik we can ensure a full-service criminal defense that challenges the prosecution’s narrative and evidence from every angle. We will be relentless and aggressive in protecting your rights and fight for your interests. We will also work with you and always be in touch to make sure that you’re fully informed along every step of the process. For a free consultation with attorney Eryk Wachnik, call our law office today at 847-892-5060.