I Am Facing Drug Possession Charges

 Posted on May 17, 2023 in Drug Crimes

In Illinois, it is against the law to possess drugs, even in small amounts. That includes controlled substances such as heroin, fentanyl, cocaine, and others. Under the law that includes medicine in your possession that was not prescribed to you. It is considered illegal possession of drugs under the law and you could face serious criminal charges. If you are facing any type of drug possession charges it is important to seek the help of a criminal defense attorney.

Charges and Drug Classification

Charges and penalties for drug possession depend on the type of drug, the quantity of drugs, and the person’s criminal history. The crime and possible sentence are also partially dependent on the classification of the drug. Controlled substances are classified into five different groups based on the substance’s potential for abuse and whether there is a medical use for the substance.

Schedule I and Schedule II drugs create a high dependency among users and are therefore the most dangerous types of drugs. They include oxycodone, heroin, fentanyl, and others.

If you are in possession of 15 grams of heroin, cocaine, or LSD for example, it can lead to four to five years in prison and you could be facing a fine of up to $25,000.

Substances in the schedule III, IV, and V groups include diazepam, Xanax, and ketamine. These are often prescribed by doctors for pain. Possession of any of these controlled substances without a valid prescription is considered a Class 4 felony offense and can lead to one to three years behind bars. There are serious legal consequences to these charges and you should not try to defend yourself but rather seek the assistance of an experienced attorney with these types of cases.

Violation of Your Fourth Amendment Rights

One way we can try to build your defense revolves around the Fourth Amendment of the United States Constitution which guarantees Americans freedom from unlawful search and seizure by a police officer. In other words, to search someone, their car, or their home, a police officer must have probable cause that the person possesses something illegal. If you were searched for no reason then your Fourth Amendment rights have been violated.

At The Law Office of Brian J. Mirandola we have developed successful defense strategies that have resulted in the inadmissibility of the evidence that clients were in possession of the drugs. Without the ability to present such evidence, a prosecutor may have to drop the charges. The law is clear in this regard and if a law enforcement officer oversteps his or her boundaries of authority it is a clear violation of a person’s constitutional rights.

Contact a Kane County Criminal Defense Lawyer

If you are facing a drug possession charge you need an experienced criminal defense attorney. At The Law Office of Brian J. Mirandola we have defended countless clients in possession of various drugs including street drugs and prescription drugs. An Aurora, IL, drug possession defense lawyer will fight to protect your rights and try to help you avoid a conviction or reduce the charges that you are facing. Call 847-488-0889 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072005700HArt%2E+IV&ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000