Illinois Cocaine Possession Defense Lawyers
St. Charles and Naperville Drug Crimes Attorneys
Cocaine possession is a serious crime. Both the State of Illinois and the federal government have strict laws on the possession of this controlled substance, and the penalties can be severe. Consequences of a cocaine possession conviction can have serious implications on your life, with jail time and steep fines a very real possibility. With your freedom and future on the line, it is important to contact a drug crimes lawyer experienced in both Illinois and federal courts as soon as possible. The attorneys at Donahue, Sowa & Magana have extensive experience in criminal defense and will vigorously represent your interests. If you have been charged with cocaine possession in Will, Kane or Cook County, you need a skilled Illinois drug crimes attorney.
Possession of cocaine is a felony criminal offense under Illinois law. Per the Illinois Controlled Substances Act, cocaine is considered a controlled substance that: (1) has high potential for abuse; and (2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. The penalty for possession of cocaine in Illinois will vary based upon the weight of controlled substance in your possession. The higher the weight, the greater the penalty. The following chart represents the penalties for cocaine possession:
|0-15 grams||Class 4||1-3 years|
|15-100 grams||Class 1||4-15 years|
|100-400 grams||Class 1||6-30 years|
|400-900 grams||Class 1||8-40 years|
|Over 900 grams||Class 1||10-50 years|
In addition to the possible jail sentence, convictions for cocaine convictions can incur fines of up to $200,000 (720 ILCS 570/1 et seq). Felony convictions will be on your permanent record, putting your future employment, education and housing at risk.
Possession of cocaine also is a crime under federal law. Although most drug crimes are prosecuted by the state, there are circumstances where a person may be charged by the United States government. The federal penalties are quite severe and can carry mandatory sentences, even for possession of a small amount of drugs. Aggravating factors such as prior convictions, possessing drugs near a school or park, or having a gun while in possession could make a sentence twice as long.
To secure a conviction for cocaine possession, the prosecution must prove beyond a reasonable doubt that the substance in question is, in fact, a controlled substance and that the defendant knowingly possessed this substance. But what does possession mean under the law? Actual possession means that the defendant has present, physical control over the drug. Constructive possession means a person knows of the presence of the controlled substance and has the capability and intent to maintain control over it. Thus, even if you are not physically holding the cocaine, you can be charged with constructive possession if you have control over the area in which it was found, such as your car or suitcase.
With so much at stake, it is critical to contact a skilled drug crimes attorney to fervently defend your rights and advise you on the best way forward. Authorities are trained to interrogate you but who is protecting your rights? At Donahue, Sowa & Magana, we will analyze the facts of your unique situation and fight to ensure that your constitutional rights are protected. If you are facing drug charges in Kane County, Will County or Cook County, call 630-762-1780 today.