Illinois Cocaine Possession Laws

Drug possession charges vary among states. While the charges are always severe, the sentencing based on drug laws could vary slightly for each country. In Illinois, felony drug offenses are taken quite seriously. Drugs are classified into five different types. 

Class 1 is for the most severe kind of drug, which can result in an increased sentence. Among other controlled substances, the charges against cocaine possession should never be taken lightly, no matter how small the amount of the drug is in possession.

To get started with your case, contact a Chicago drug charge lawyer today for a free consultation!

The First Step

If you are ever caught in such a situation, your first step should be to hire an attorney. Whether you are at fault or not, cocaine possession can accelerate quickly, giving you no time to defend yourself. At Ktenas Law, our criminal defense lawyers in Chicago believe in providing our clients with the best services to protect their cases in complicated situations.

We understand that every case is different, and so, by giving free consultation, we provide our clients with the confidence and strength they need to proceed with their case. Rest assured, once the issue is in our hands, we will ensure that the final verdict is what is best for you.

Types of Charges

For cocaine possession, there are various charges that a prosecutor can file against you. The first is, that the possession of cocaine is comparatively less harsh than others. These may include selling, trafficking, or manufacturing it.

However, the final decision will vary, depending on other factors, including the quantity of powder or rock cocaine. Hence, if the officers found a massive amount in your possession, it can be classified as possession with the intent to sell, eventually increasing the overall charges. 

Repeat offenders with any prior convictions for any controlled substances are subject to harsher sentencing. To understand the charges better, let us first differentiate between actual and constructive possession.

Actual Possession

The definition of actual possession is what it means; having cocaine on you at the time you are caught by law enforcement. Since actual possession cases are complex, there is less chance of getting you out of it altogether. If you have drugs on you at the time of the search, it won't be easy to collect evidence that proves the opposite.

However, suppression of cocaine and reduced charges is still a possibility if you have an attorney. With the help of your lawyer, you can prepare a case against the officials if they have made any mistake during the procedure or done something that is not legally permitted while searching. This means that even with actual possession, there is a chance for you to get a drug court decision in your favor.

Constructive Possession

This category includes being informed of the presence of cocaine or having it at a place under your authority. For example, if it is found in your home or your office room to which you have the keys, you will be held responsible for it.

However, since the officials wouldn't have caught you with cocaine on your person, there is a chance to better fight the case. For example, the authority of the place where the substance was found could be shared. 

Having a third person involved reduces the chances of you being proven guilty when you are not. However, even if you are not at fault, it is best to hire an attorney so that they can prove your innocence without much hassle.

Possession Charges

The lowest charges for possession are applicable when less than 15g of cocaine is found. It can cost you around $25,000 and up to 3 years of jail time. While this can be reduced depending on your situation and how the attorney might have to deal with the case, it may not always be possible.

For situations where more than 15g of cocaine is found, the fine could be up to $200,000. The imprisonment period could be anywhere between 4-50 years, depending on the quantity and intent proved in the court. The intensity of the charges can also increase based on several other factors. 

These factors include whether or not this is a first-time possession charge, the place where they found cocaine, were there are kids in the vicinity or not, and more. 

Due to all these different circumstances, we think it is best to have an attorney from the beginning so that you are well-informed and well-equipped to fight your case.

Why Hire an Attorney?

After reviewing the severity of the case, it’s clear why hiring an attorney is essential. However, it's crucial to hire a drug attorney specifically experienced in drug possession cases, as their expertise can significantly impact your case. An experienced drug attorney understands the nuances of cocaine charges and will gather evidence to prove your innocence if you’re not at fault. 

If guilty, they can work to reduce the charges by closely examining the legal proceedings, including the search warrant, police conduct, and your Miranda rights. 

No matter the situation, hiring an experienced criminal defense lawyer, like those at Ktenas Law, will strengthen your case.