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Fighting Charges for Possession with Intent to Distribute in DuPage County
When it comes to drug crimes, the penalties associated with a conviction vary dramatically. The penalties for possessing a small quantity of a controlled substance are much different than penalties for the manufacture or delivery of a controlled substance.
In Illinois, being a “drug dealer” is considered to be a much more serious offense than being a drug user. The type of controlled substance allegedly in a defendant’s possession also influences the criminal penalties he or she may face. For example, selling a small quantity of marijuana is only a misdemeanor offense. By comparison, selling a small quantity of heroin or fentanyl is a Class 1 felony punishable by up to 15 years in prison.
If you or a loved one were charged with drug possession with intent to distribute, contact a criminal defense lawyer for help right away.
Defense Strategies for Individuals Accused of Drug Dealing
When police discover large quantities of drugs in a person’s possession, the prosecution may assume that the person intends to sell those drugs to others. The defendant may be charged with the elevated offense of “possession with intent to distribute.” To secure a conviction for possession with intent to distribute, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.”
A seasoned criminal defense lawyer may use many different strategies to cast doubt on the defendant’s guilt, including:
- Questioning the justification for the charges – Often, a person is charged with possession with intent to distribute because he or she possesses items like scales, baggies, and large quantities of cash. There must be sufficient evidence that the defendant was selling or planning to sell drugs to secure a conviction for possession with intent to distribute. If the prosecution cannot demonstrate that a defendant was selling drugs, the defendant may be charged with a lesser offense for simple possession.
- Questioning the legality of the police search and seizure – In most cases, police must obtain a search warrant before they can enter someone’s home and search for drugs. Search warrants are not required for a vehicle search. However, police typically need probable cause to justify a vehicle search. If drugs or other evidence is obtained by police unlawfully, the evidence may be inadmissible during criminal proceedings.
- Asserting mistaken identity – Police are not perfect, and they occasionally make mistakes. Sometimes, the wrong person is arrested and charged with a crime. If a criminal defense attorney can prove that the defendant is not the person who was selling drugs, he or she may avoid conviction.
Contact a Wheaton Criminal Defense Lawyer
If you or a loved one are facing drug charges, contact DuPage County criminal defense attorney Stephen A. Brundage for help. Call 630-260-9647 for a free, private consultation.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53
630-260-9647
From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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