Chicago Drug Defense Attorney
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In Illinois, "controlled substance" charges are always
felonies and include drugs other than
cannabis. Controlled substance charges usually involve the following drugs:
The Illinois statute for controlled substances is 720 ILCS 570/401 – 414.
Methamphetamine is listed separately under 720 ILCS 646/1 – 120.
Common Narcotics Charges in Chicago, IL
Drug-related charges are extremely common throughout the country. In Illinois,
charges for drugs other than cannabis usually occur in two broad categories:
possession under 720 ILCS 570/402 or manufacturing/delivering/possessing
with intent to deliver under 720 ILCS 570/401.
Possessing a drug without evidence of selling it is known as "simple
possession." You likely will be charged with simple possession if
you have a small amount, in one bag or container, and no scale is nearby.
On the other hand, you may be charged with manufacturing/delivering/possessing
with intent to deliver if you have a large amount, have multiple containers,
or a scale is nearby. Obviously, if you deliver to an undercover officer
or an informant, you will be charged with delivery.
Regardless of whether you are charged with simple possession or something
more, the government has the burden of proving beyond a reasonable doubt
that you knowingly possessed the drug. As with all drug charges, you cannot
be convicted of possessing something you were unaware of. Additionally,
even if you knowingly possessed the drug, the evidence may be suppressed
if law enforcement disregarded the Constitution in order to arrest you.
Want to further explore your defense options?
Contact Hallock Law today!
Alternatives to a Prison Sentence
Chicago Defense Attorney Thomas Hallock's primary goal is always to obtain a complete dismissal
of your charges or a not guilty verdict at trial. If this is not an option,
his fallback position is to obtain court supervision or placement in a
deferred-prosecution program. Both options give you the opportunity to
avoid incarceration and dispose of the charges without a conviction. Depending
on the circumstances, you may be able to remove the arrest from your
Some examples of deferred-prosecution programs include:
: Drug school is a program in Cook County that allows clients charged with
simple possession to avoid a conviction. To qualify, the client must have
no felony convictions, and no misdemeanor convictions for selling drugs
or for a violent crime. The client attends 4 drug-education classes, which
take place weekly and are 2.5 hours each. After completing the classes,
the client becomes eligible to have his or her case dismissed.
: 2nd-Chance Probation is for clients charged with non-violent felonies.
To qualify, the client must have no felony convictions, no convictions
for a violent crime, and no previous placement in a deferred-prosecution
program. Treatment for substance abuse is often part of the program. Successful
completion of the program allows the client to avoid incarceration and
dispose of the felony charge without a conviction.
(Treatment Alternatives for Safe Communities): TASC probation is a program designed to encourage clients to address the
causes of their behavior. TASC case-managers prepare individualized plans
to help participants overcome their personal challenges and make better
choices. Treatment for substance abuse is often a central focus. Under
TASC probation, the judge enters a conviction against the client when
they enter TASC but vacates the conviction upon successful completion
of the program. Acceptance into TASC is often denied, but a skillful defense
attorney can improve your chances of being admitted into the program.
Drug Court: Drug court is a program for clients charged with non-violent felonies
that have addiction issues. Drug court provides clients with counseling,
drug screening, and drug treatment. Regular court monitoring helps clients
stay on track. Successful completion of the program results in a reduction
of the sentence or even a dismissal of the charges. More important, however,
is that clients leave the program with the skills needed to live a life
free from addiction.
Contact Thomas C. Hallock if you need a skilled and committed drugs and
narcotics defense attorney in Chicago. Schedule your
free case evaluation today!