Belleville Drug Crimes Lawyer

Illinois has always taken a firm stance on drugs, and those found in possession of a controlled substance are usually met with serious charges. Drug charges in Illinois range from Class 4 felony to Class X with as much as $500,000 in fines. Other factors can double the penalties such as being in close proximity to schools, parks, or public housing. Trying to talk your way out of it on your own will only make it worse.

The Conner Law Firm defends drug charges in Belleville and St. Clair County, challenging illegal searches, questioning evidence handling, and pursuing drug court alternatives to protect your future. Get the representation you need from a former prosecutor who’s been on the other side of the criminal justice system and knows how to counter the state’s case against you.

Drug Charges and Penalties

Without proper defense, the drug charges you face today could become a conviction that puts you in prison for tomorrow and many years beyond. Our Belleville drug crimes lawyer can help with many of the common scenarios faced for drug arrests:

Possession of Controlled Substances (720 ILCS 570/402)

Penalties for possession of controlled substances vary greatly depending on the substance amount. Using heroin as an example, having it is a felony with penalties that are driven by its weight. If you have 15 to 100 grams, it’s a Class 1 felony with 4 to 15 years in prison. Even up to 900 grams, it is still a Class 1 felony, but the difference is that you may get 8 to 40 years in state prison. Anything under 15 grams of heroin is often charged as a Class 4 felony with 1 to 3 years behind bars. No matter how much you have, the state will make it a mission to lock you up.

Intent to Deliver / Manufacturing (720 ILCS 570/401)

When you’re accused of stronger charges beyond just possession, the penalties escalate dramatically, even more so with weight. Less than 1 gram of a controlled substance typically results in a Class 2 felony with 3 to 7 years in prison. Beyond that, you’re looking at a Class X felony that could result in anywhere from 6 to 60 years in prison. Police base their judgment on intent by looking at packaging materials, scales, or large amounts of drugs even if they do not have direct evidence of a sale, and knowing that is how we provide strong defense to these charges.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Drug-Induced Homicide (720 ILCS 5/9-3.3)

A drug-induced homicide isn’t one that also involves a weapon, where you’d need a weapons charges lawyer in Belleville. Instead, it is applied when someone delivers a drug that causes another user to die, even if the supplier didn’t intend for it to kill them. It’s charged as a Class X felony with a mandatory minimum of 15 years up to 30 years in state prison with the chance for extended terms up to 60 years.

Drug-Free Zone Enhancements (720 ILCS 570/407)

Any drug charges you receive will be enhanced if the drug offenses happen within 1,000 feet of certain protected areas. These include any schools, public parks, public housing complexes, or churches. If you get arrested for drug charges in a drug-free zone, you will likely be charged with higher class felonies and receive doubled prison terms.

Cannabis Regulation (410 ILCS 705/10-10)

Illinois does legally permit recreational cannabis use for adults 21 and over, though you can still be arrested in certain situations. No one under 21 is allowed to possess, consume, or purchase it unless they have valid medical exceptions. Public consumption is illegal as well, and anyone without a medical license for cannabis can’t legally grow it at home. Driving impaired is another concern and regardless of its status in the state, if you are found to be driving with over 5 nanograms of THC in your blood (10 nanograms in other bodily substances), you are in violation of the laws.

If you are facing any of these charges right now, don’t wait to contact The Conner Law Firm for defense against drug charges in Belleville and St. Clair County that challenges the prosecution’s case and pursues alternatives to preserve your future.

Drug Court and Diversion Programs

Although Illinois has some of the strictest drug laws in the country, it does offer drug court and diversion program alternatives in an effort to rehabilitate, treat, and reintegrate offenders into society. With successful completion, they often lead to the dismissal of charges.

Illinois Drug Treatment Courts are specialized to focus on addressing underlying causes for addiction with non-violent felony offenders. The program is 18 to 24 months, combining court supervision with treatment, and for success, you must follow strict requirements that include regular random testing and counseling.

TASC (Treatment Alternatives for Safe Communities) is a non-profit that also provides assessments and coordinated care for those with substance abuse issues. With TASC, it provides a bridge between the court and treatment providers, and is only available to non-violent offenders with substance abuse disorders.

It may be possible to get Second Chance Probation, which is a diversion program uniquely for first-time, non-violent offenders. If you were charged with a Class 3 or 4 felony such as drug possession, this 24-month program could be assigned. You’d undergo regular drug testing, perform at least 30 hours of community service, work on getting a job, and be a law-abiding citizen. With successful completion, the court will dismiss your charges, which keeps a felony from being on your record.

Not everyone who is arrested for drug crimes in Illinois is eligible for these alternative programs. However, if you are facing non-violent, non-dangerous felonies or a misdemeanor and you have no criminal history, it is an option to consider. When evidence can’t be suppressed, Erin K. Conner can advocate for this alternative to prevent you from having a criminal history.

Defense Strategies

Illinois drug possession penalties and defenses against them can often work to help you into an alternative program or even dismiss the charges. The Conner Law Firm often uses these defense strategies to keep our clients from losing their freedoms.

Challenging the Search

The Fourth Amendment protects you from search and seizure. If the police didn’t have a warrant, or they did not have reasonable suspicion while you were driving to pull you over for a traffic violation or crime, then the evidence they’ve found may be inadmissible.

Challenging Constructive Possession

This commonly comes up with roommates or in other scenarios where people share spaces. You may not have even known there were drugs there until you were arrested. With a Belleville drug crimes lawyer, we will dismantle the prosecution’s case when they cannot prove it was in your possession.

Lack of Intent

Our attorneys commonly see police charging defendants with an intent to sell simply because they had a large quantity. Erin K. Conner knows how the prosecution goes with this, and she’s ready to fight back for her accused clients to get intent charges reduced or dismissed.

Lab Testing Errors

Labs aren’t perfect, and sometimes the chain of custody isn’t either. The samples could become contaminated or weight discrepancies may mean they can’t accurately determine the weight of the drugs you’re accused of possessing. When there isn’t conclusive evidence, it makes it harder for the prosecution to prove.

Entrapment

Some cases are also clearly entrapment where the government is trying to make a big bust. They use a law-abiding person to commit drug crimes that they wouldn’t have otherwise committed. Erin K. Conner won’t let you take the fall when you weren’t even supposed to be involved in the first place.

Frequently Asked Questions

What are the penalties for drug possession in Illinois?

Penalties for drug possession in Illinois depend on the type of controlled substance, the amount found in possession, and whether or not this is your first offense. Generally, the charges range from Class 4 felony to Class X felony, and anywhere from 1 to 60 years in prison along with hefty fines as penalties.

Can drug charges be expunged in Illinois?

Yes, there is expungement for drug charges in Illinois, though it depends on both the outcome of the case and the type of drug involved. If you had a minor offense with cannabis at under 30 grams, you are eligible for automatic expungement. Those with non-convictions or specific probation types may need to petition to get it expunged, though our attorneys can help determine if you’re eligible and which steps to take.

What is a drug-free zone enhancement?

A drug-free zone enhancement increases the penalties faced for drug crimes when they take place in a protected area. Schools – either public or private – along with parks, public housing, and churches are prime examples of these areas, and they automatically result in higher class felonies with longer prison terms assigned.

Contact The Conner Law Firm

When you’re facing drug charges, taking action fast is the best way to prevent the worst of the consequences. You may not even have been aware that drugs were in your home or car, or the processes and procedures used in your case were faulty, leading to evidence that should be suppressed. Whatever you’re facing, The Conner Law Firm defends drug charges in Belleville and St. Clair County by challenging illegal searches, questioning evidence handling, and pursuing drug court alternatives to protect your future.

For a free consultation with a criminal defense attorney in Belleville, call 618-277-2421 to discuss your drug charges defense.