Under state law 720 ILCS 550/4 it is illegal to possess illegal drugs in Illinois. The illegal drugs in Illinois include Cannabis, Cocaine, Heroin and Ecstasy. The potential criminal penalties for possession of illegal drugs in Illinois depends on the drugs involved, the weight of the drugs, and whether you were merely in possession of the drugs or were attempting to sell the drugs to someone else.
In addition to the laws of The State of Illinois, the federal government also prosecutes drug crimes in Federal District Court. However, the overwhelming majority of drug crimes are prosecuted under Illinois state law and are litigated in the state courts. Federal drug cases are prosecuted by the U.S. Attorney's Office in Chicago. Drug crimes committed under state law are prosecuted by the State's Attorney's Office in the county in which the crime was committed.
Drug laws in Illinois vary greatly from drug to drug. The Illinois drug laws are also constantly changing. The public's attitude regarding illegal drugs is rapidly changing. The Public's changing attitude about illegal drugs is causing politicians to change their attitude as well. The changing attitude is reflected in legislative action which is causing a change in the drug laws in Illinois. A couple of years ago Illinois joined a growing national trend accepting medical marijuana in Illinois. Today, if you are able to satisfy the requirements of the Medical Marijuana Act you can legally purchase and consume marijuana for medical purposes. This is something that was unheard of just a few years ago. Last summer the Illinois Legislature decriminalized the possession of small amounts of marijuana. If you are caught with less than 10 grams of marijuana instead of being arrested and being charged with a criminal case, you'll be given a ticket and will have to pay a fine. Again, these are changes that were unheard of just a few years ago. In addition to the changing drug laws, certain courts in certain counties are establishing Drug Courts and Drug Treatment Programs which try to treat drug addiction rather than treat drug offenders as criminals. Diversion Programs have been set up by the Cook County, DuPage County and Kane County State’s Attorney’s Offices to allow for drug treatment instead of criminal punishment.Experienced Drug Attorney Providing Effective Representation of Illinois Drug Crimes
Chicago criminal defense lawyer James Dimeas has spent the past 25 years handling drug cases throughout Cook County, DuPage County, and Kane County. He understands the changing Illinois drug laws and understands how the police handle such cases and how they build their evidence and make their cases. His 25 years of experience gives him an unprecedented insight into the tactics used by prosecutors to prosecute drug cases and understands how to weaken their cases and how to attack drug cases. Since Chicago criminal defense lawyer James Dimeas is in court almost every day in Cook County, DuPage County, and Kane County, he is familiar with the various Drug Treatment Programs and Second Chance and Court Diversion programs and knows how to use them to help his clients avoid criminal prosecutions and criminal records which could seriously affect their future.
Some of the most common drug crimes that Chicago criminal defense lawyer James Dimeas has handled in his 25 years of practicing criminal law include;
- Possession of a Controlled Substance
- Possession of Cannabis/Marijuana
- Possession of Cocaine
- Delivery of a Controlled Substance
- Prescription Drug Fraud
If you are being charged with a drug-related crime in Cook County, DuPage County, or Kane County, you need an experienced and seasoned criminal defense drug lawyer who has the experience and the knowledge to defend you in court. The police and the prosecutors who prosecute drug crimes are experienced and know what they are doing. You need a lawyer on your side who knows what he is doing. Chicago Criminal lawyer James Dimeas can also represent if you are facing drug charges in federal court. Chicago criminal lawyer James Dimeas has appeared in federal courts as far away as Las Vegas Nevada. James Dimeas will review your case and will come up with a strategy that will allow you to move on with your life and avoid going to jail and possibly avoid a criminal conviction. James Dimeas can be reached anytime at 847-807-7405. Contact him for a free and confidential consultation.Possession of a Controlled Substance in Illinois
In Illinois, it is illegal to knowingly possess a controlled substance 720 ILCS 570/402. Possession does not simply mean that the police must find the drugs on you. If the police find the drugs in a place where you had knowledge and the ability to exercise control over the drugs, you can be charged with Possession of a Controlled Substance in Illinois. An example is if the police find drugs in your car or in your bedroom. This is called Constructive Possession and is a common way that prosecutors are able to prove possession. Another example is when the police claim they saw you drop a bag as they were approaching you.
Cases involving Constructive Possession can be a little more difficult for a prosecutor to prove than a case of actual possession. You frequently see issues in Constructive Possession drug cases involving whether the stop of the vehicle was legal or whether the search of the bedroom was illegal. Chicago criminal defense lawyer James Dimeas will examine the particular facts of your case and will determine if the police violated your constitutional rights when they stopped your vehicle and when they searched your vehicle, or whether they had the right to search your residence. If the police violated your rights, Chicago criminal defense lawyer James Dimeas will file a motion with the court. He will have the police action declared illegal and will have the court throw out the evidence in your case.Delivery of a Controlled Substance
Delivery of a Controlled Substance 720 ILCS 570/401 is a very serious criminal charge in Illinois. Basically, if you are charged with Delivery of a Controlled Substance the state is claiming that you were trying to sell drugs. The law treats drug dealing much more seriously than simply possessing drugs. If you are caught with more drugs than a person would normally need for their personal use, or if the drugs were packaged in a way that would indicate that they were being possessed with the intent to sell them, you can be charged with the Intent to Deliver a Controlled Substance. An example would be if the police caught you with cocaine that was stored in many different baggies. Or if the police found that you were in possession of drugs along with a scale, and baggies and other items that would indicate that the drugs were being sold.
Delivery of a Controlled Substance and Intent to Deliver a Controlled Substance carry serious potential criminal penalties in Illinois. The potential criminal penalties in Illinois depend o the weight of the drugs involved and can be enhanced depending on your criminal background or even whether the transaction occurred within a thousand feet of a school or a place of worship. Since the various sentencing ranges are so complex can vary depending on the particular facts of each case, you should call the experienced Chicago Criminal Drug Lawyer James Dimeas to discuss your particular case.Experienced Chicago Drug Lawyer James Dimeas Will Defend Drug Charges
James Dimeas has spent over 25 years fighting drug cases throughout Cook County, DuPage County and Kane County. His 25 years of experience gives him a unique perspective on the investigative techniques used by all the local police department as well as the Cook County, DuPage County, and Kane County Sheriff's Department. He has developed and perfected defense strategies that have resulted in the dismissal of drug charges and the reduction a very serious drug charges to minor drug charges. He is familiar with different the programs and and methods by which drug treatment and rehabilitation can be sought in lieu of a criminal conviction. You can contact attorney James Dimeas to discuss your particular case. James Dimeas will listen to you and will determine whether you have a valid defense. James Dimeas can always be reached at 847-807-7405.