Facing Cocaine Accusations in Illinois
Cocaine is considered one of the most addictive of all controlled substances; second only to heroin. The drug has medical usefulness, such as during anesthesia, but on the streets, it is highly illegal. Cocaine not only has severe and lasting physical effects on the body but can also result in lasting legal repercussions. Illinois state laws and lawmakers have stiff penalties in place to deter residents from becoming involved. Here is what to expect should you face cocaine possession accusations in Illinois.
Being found in possession of a controlled substance is a felony. Controlled substances in Illinois include heroin, cocaine, morphine, amphetamines, and anabolic steroids, to name a few. The potential penalties vary between drugs as well as the amount of the material thought to be in the suspect’s possession. Possession of cocaine is a Class 1 felony, which is punishable by a minimum fine of $200,000 as well as time in prison. The length of the prison sentence increase with the amount of cocaine found at the scene. Currently, the sentences are:
- 15g-99g: Between 4-15 years in prison;
- 100g-399g: Between 6-30 years of imprisonment;
- 400g-899g: Between 8-40 years of imprisonment; and
- 900g or Higher: Between 10-50 years of imprisonment.
The Burden of Proof
You have heard it said that “everyone is innocent until proven guilty.” This ideal is true in possession cases. Even if the cocaine was not on the body of the suspect, such as in a pocket, if the substance was within reach, it still qualifies as having possession. In cases where the evidence is between two or more people, anyone within range may be held accountable, and everyone may face charges. However, the prosecution must prove the following three elements are correct to earn a conviction:
- The substance must be a controlled substance;
- The defendant must knowingly possess the material; and
- The drug was in the suspect’s immediate and exclusive control.
Defend Your Rights
The evidence is only a small portion of a criminal case. Many other variables help create a story, one that the police may not see within the relatively short interaction at the scene. A DuPage County drug crime defense attorney will build a case in your favor, earning you the best possible outcome. The attorneys at Davi Law Group, LLC have a prosecution background as well as extensive experience as defense attorneys, which allows us to offer our clients a unique perspective. Let us explain how we can assist you with your case in a free consultation. Call us today at 630-580-6373 to schedule your appointment.