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McHenry Drug Crimes Attorney

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Illinois Drug Attorney

A drug arrest may put you at risk of life-altering consequences from a criminal conviction. State and federal laws impose significant penalties on drug possession and other drug-related crimes. Hiring a lawyer with experience defending against drug-related incidents can help you pursue the most favorable outcome for your case.

Contact the legal team at Donahue & Kililis, PC, today to learn more about your legal rights and options.

Understanding Misdemeanor Drug Charges

Misdemeanor drug charges usually involve smaller quantities of less dangerous controlled substances or underage possession of recreational marijuana.
Misdemeanor offenses in Illinois fall into three degrees of severity: Class A, Class B and Class C misdemeanors. Class A misdemeanors are the most severe misdemeanors and carry a penalty of a possible jail sentence of up to one year in the county jail and a potential fine of up to $2,500. Class B misdemeanors have a penalty of a possible jail sentence of up to six months and a potential fine of up to $1,500. Finally, Class C misdemeanors, have a penalty of up to 30 days in jail and a potential fine of up to $1,500. Misdemeanor convictions may carry other penalties, such as a probation, public service work, drug education classes and court costs.

Understanding Felony Drug Charges

Illinois law has five categories of felonies, ranging from Class 4 felonies (least severe) to Class X felonies (most serious). Most drug possession charges qualify as felony offenses, and possessing large quantities of controlled substances that would otherwise result in misdemeanor charges can also trigger felony prosecution.
Possession of most Schedule I, II, and III controlled substances qualifies as a Class 1 felony under the Illinois Controlled Substances Act and carry a penalty of one to three years in prison and a potential fine of up to $25,000. First-time offenders may receive a two-year probation term instead of a prison sentence, with conditions that include periodic random drug testing, and community service.
However, the penalties for a felony drug offense can increase based on the type and quantity of drugs involved, with sentencing ranging from four to 50 years in prison. A Class 1 felony conviction may also result in a fine of up to $25,000 or $200,000.
Federal law also classifies drug crimes as felony offenses. A person may face federal prosecution for a drug crime that involves transporting drugs across state lines or national borders or through the Post Office or the trafficking/distribution of drugs. Federal law punishes drug offenses much more harshly than state laws do, with some crimes carrying mandatory minimum sentences that last decades.

What Are My Rights After a Drug Arrest in Illinois?

When law enforcement arrests you for a drug crime, you have several critical rights you should exercise. First, you have the right to remain silent. This means you do not have to answer questions the police have about your drug charges or any other criminal offense. You can firmly, but politely decline to answer questions and advise the officers that you wish to exercise your right to remain silent. The prosecution can use any answers or statements you give the police to further their investigation or as part of a criminal case presented at trial.

Second, you have the right to legal representation. This right includes the opportunity to consult with an attorney before deciding to answer questions from or give a statement to the police and to have your attorney present during police questioning. After an arrest, you should inform the police that you wish to speak to an Illinois drug attorney as soon as possible.

Alternatives to Prosecution for Drug Charges in Illinois

Individuals facing drug charges can avoid the harshest consequences of a conviction by pursuing alternatives to traditional prosecution, including applying for admission to specialty county programs like drug court. Each county can establish requirements for defendants to seek admission. For example, the McHenry County Drug Court program focuses on providing treatment, education and supporting social programs for offenders facing felony-level charges. However, state law excludes individuals from drug court eligibility if they:

  • Face charges involving a violent crime or aggravated DUI resulting in death
  • Have a conviction for a violent crime within the past five years, excluding incarceration, parole, and periods of mandatory supervised release
  • Deny their use of drugs or drug addiction
  • Demonstrate an unwillingness to participate in a treatment program
Defendants facing a Class 2, 1, or X felony drug charge must also obtain an agreement with the prosecution to be admitted into to drug court. Having the right counsel to secure such an agreement is crucial.
In the drug court program, defendants must attend regular court status hearings, participate in residential or intensive outpatient substance abuse treatment, attend support groups, and comply with any other conditions imposed by the court.

What Are Some Common Defenses to Drug Charges?

Depending on the facts of your drug case, you may have one or more defense strategies to fight your charges. An Illinois drug charge defense might raise arguments such as:

  • Challenging the validity of a traffic stop or detention by proving police lacked valid reasonable suspicion or probable cause
  • Challenging the legality of a warrantless search by proving the police lacked probable cause or could not meet the requirements of any exception to the warrant requirement
  • Arguing that you did not have actual or constructive possession of the drugs, such as by proving that another person owned the drugs
  • Challenging the reliability of laboratory testing of suspected drugs
  • Challenging the calculation of the quantity of drugs involved in the case, which can reduce the grading of the offense

Illinois law also provides limited immunity to drug prosecution for “Good Samaritans” who report a drug overdose. This immunity may also extend to the overdose victim. In this situation, a person may not face prosecution for possessing small quantities of drugs, including:

  • Less than three grams of heroin, cocaine, morphine, or LSD
  • Less than 40 grams of peyote, any derivative of barbituric acid, or amphetamine
  • Less than six grams of pentazocine, methaqualone, or PCP

However, the immunity does not apply if law enforcement developed reasonable suspicion or probable cause of drug possession before the person reported the overdose.

How Can an Attorney Help Defend You From A Drug Charge?

When facing prosecution for drug crimes in Illinois, an attorney can help you fight your charges and pursue a better outcome in your case by:

  • Thoroughly investigating your charges to obtain all available evidence
  • Reviewing the facts to identify possible defense strategies
  • Explaining the possible outcomes of your charges and preparing you for what to expect in the criminal justice system
  • Challenging the prosecution’s case, including moving to exclude evidence as unreliable or unlawfully obtained by police or moving to reduce or dismiss your charges for lack of evidence
  • Negotiating a favorable plea deal or seeking to have you admitted to the drug court program when appropriate
  • Presenting a compelling defense at trial if you choose to contest your charges

Contact A Drug Defense Attorney Today

After getting arrested on drug charges, you need a seasoned criminal defense attorneys to protect your rights, reputation, and future. Contact Donahue & Kililis, PC today for a confidential consultation to discuss your legal options for resolving your charges and learn what to expect when facing the criminal justice system for drug crimes.

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