When you hear about drug-related offenses, phrases like “possession” and “intent to distribute” might seem interchangeable. However, these terms carry precise legal meanings that can drastically affect the outcome of a case.

If you are facing drug charges in Chicago, you need to retain a lawyer as soon as possible. Attorney Andrew Weisberg is a skilled Illinois attorney who is committed to protecting the rights of people accused of violating the law. Call us today for a free case evaluation.

Understanding “Intent to Distribute”

In Illinois, being charged with drug possession is serious, but intent to distribute raises the stakes even higher. While simple possession implies that someone had drugs for personal use, intent to distribute means the authorities believe the person planned to sell or distribute those drugs to others.

A conviction for intent to distribute can result in more severe penalties and longer-lasting consequences. The element of intent distinguishes it from simple possession charges. To prove intent to distribute, the prosecution must demonstrate that the accused had the intention to sell, transfer, or deliver illegal substances to others.

Factor the Prosecution Can Use to Establish Intent to Distribute

Prosecutors use various factors to establish intent to distribute. These factors include the following:

Quantity of Drugs

If someone is caught with an unusually large quantity of drugs, prosecutors may assume it’s not just for personal use. While Illinois law doesn’t specify an exact threshold for what quantity constitutes intent to distribute, larger amounts can certainly raise suspicions.

Packaging

The way drugs are packaged plays a significant role. For example, if law enforcement finds drugs divided into multiple small bags or containers, they might interpret this as a sign of intent to distribute. Individually wrapped doses make it easier to distribute and sell, so packaging is a red flag that prosecutors often point to as evidence.

Presence of Drug Paraphernalia

Scales, baggies, and cash—especially large amounts of cash—can also suggest intent to distribute. While having these items isn’t enough on its own to prove distribution, it can contribute to the prosecution’s argument. Cash and scales, in particular, are often associated with drug transactions, so they’re viewed as supporting evidence.

Observation of Conduct

If law enforcement officers observe activities like frequent visitors or exchanges of money in a short timeframe, they may consider it indicative of drug distribution. Surveillance or witness testimony can be used to argue that someone was selling drugs, even without a direct transaction being observed.

Statements and Admissions

Anything you say to law enforcement can be used as evidence. If you admit to selling drugs or imply that you intended to do so, those words can become a powerful tool for the prosecution. While it’s always best to remain silent and ask for an attorney, sometimes statements made during an arrest or interrogation end up used as evidence of intent.

Legal Consequences of Intent to Distribute in Chicago

Being convicted of intent to distribute can lead to harsh penalties in Chicago. In Illinois, the consequences vary based on the type and quantity of drugs involved, but generally, they include:

• Significant fines
• Lengthy prison sentences
• Damage to your reputation in your community
• Problems at work
• Sanctions imposed by your school

Notably, some of these penalties can affect you for years after your court-ordered sentence has ended. As a result, you should retain a lawyer as soon as you can to protect your rights.

Contact a Chicago Criminal Defense Lawyer Today

If you’re facing intent to distribute charges in Chicago, the Law Offices of Andrew Weisberg can provide the skilled defense you need. Andrew Weisberg, a former prosecutor, brings personal knowledge of how these cases are pursued, offering a powerful advantage in defending your rights.

Our firm understands the importance of challenging every aspect of the evidence to build the strongest possible case on your behalf. We’re here to listen, guide, and fight for the best possible outcome. Contact the Law Offices of Andrew Weisberg today at 773-908-9811 or fill out this online form to schedule a consultation.

When you think of a felony, you probably picture courtroom drama and potential prison time. But in Chicago, a felony conviction is just the beginning of a much bigger story. The consequences that follow can affect your life in ways you might not expect, from being locked out of certain job markets to losing basic rights like voting or gun ownership. It’s not just about serving time—it’s about navigating a world that often closes its doors to convicted felons.

What Is Considered a Felony in Chicago?

Felonies are serious offenses under Illinois law. They are typically more severe than misdemeanors, often resulting in less harsh penalties such as shorter jail time or fines. But felonies? They can land you in prison for years, if not decades, and come with lasting ramifications.

Legal Classification of Felonies in Illinois

In Illinois, felonies are classified into five categories: Class X, Class 1, Class 2, Class 3, and Class 4. Class X felonies are the most severe, involving crimes like armed robbery or aggravated sexual assault. Lower classifications—like Class 4 felonies—cover less violent but still severe crimes, such as some types of drug possession or property crimes. The class of felony you’re convicted of significantly affects your sentence.

Types of Felony Offenses

In Chicago, common felony crimes include:

• Drug trafficking
• Aggravated assault
• Fraud
• Burglary
• Violent crimes like murder or armed robbery

Each crime carries its own legal and personal consequences, but they all share one thing: a felony conviction will follow you long after your sentence is served.

Immediate Legal Consequences of a Felony Conviction

Incarceration and Fines

In Illinois, felonies come with hefty prison sentences and financial penalties. For example, a Class X felony could land you in prison for six to thirty years without the possibility of probation. On top of that, felons are often required to pay substantial fines and restitution, which can put financial strain on both the convicted individual and their family.

Probation and Parole

Probation and parole are common alternatives or additions to prison time. However, these come with stringent conditions. If you’re placed on probation or parole, you must regularly check in with an officer, comply with strict rules, and avoid further legal trouble. Violating any conditions of probation or parole can send you straight back to prison.

Long-Term Personal Consequences

Once the legal dust has settled, the real battle begins. Life after a felony conviction is far from easy, and the personal consequences can be just as harsh as the legal ones.

Employment Challenges

Employers in Chicago can legally conduct background checks, and many are hesitant to hire someone with a felony conviction on their record. Certain industries, like education, healthcare, and finance, may flat-out refuse to consider felons for employment. That said, some state laws aim to mitigate this, but the road remains tough.

Impact on Housing Opportunities

Looking for a place to live? Be prepared for rejection. Landlords are often reluctant to rent to individuals with felony convictions, and public housing in Chicago has strict rules that can disqualify felons from eligibility.

Loss of Voting Rights

In Illinois, convicted felons lose their right to vote while serving time. Fortunately, voting rights are restored upon completion of a sentence, but many people aren’t even aware they can re-register.

Education and Financial Aid Limitations

Many schools are hesitant to admit felons, and qualifying for financial aid becomes an uphill battle. These restrictions make it difficult to pursue higher education and further reduce career opportunities.

Social and Familial Consequences

Strained Relationships and Family Dynamics

A felony conviction doesn’t just affect you—it affects your family. The emotional toll on loved ones can be significant, as many relationships become strained or severed altogether. Child custody disputes are common, with courts often denying visitation or custody rights to convicted felons.

Social Stigma and Community Alienation

Even after serving your time, societal judgment lingers. Communities can be unwelcoming, and social alienation is a frequent consequence of a felony conviction. Rebuilding a network of friends and support becomes a monumental task.

Chicago Felony Defense Attorney You Can Trust

Felony convictions in Chicago come with serious, life-altering consequences, but the right defense can make all the difference. Andrew M. Weisberg’s proven track record in criminal defense means he knows how to dismantle the prosecution’s case, suppress evidence, and expose weaknesses. Whether you’re dealing with serious drug charges, gun crimes, or financial felonies, his prowess in Chicago’s legal landscape could be the key to protecting your rights and your future. Don’t risk going through this without the best defense—connect with us online or call (773) 908-9811 today to start building your case.

Facing drug crime accusations can be a terrifying and life-altering experience. In our state, drug offenses are taken very seriously and can lead to severe penalties, including imprisonment, fines, and a criminal record. If you or someone you love is accused of a drug-related offense in Illinois, know your rights and the available options to mount a strong defense.

Presumption of Innocence

One of the fundamental principles of the U.S. criminal justice system is the presumption of innocence. In Illinois, individuals accused of drug crimes are considered innocent until proven guilty beyond a reasonable doubt.

This means that the burden of proof lies on the prosecution to demonstrate the accused’s guilt. In other words, you are presumed to be innocent unless and until the prosecution can prove otherwise. As the defendant, the job of your legal team is to create reasonable doubt that you are guilty of the crime in question.

Right to Legal Representation

One of the most crucial rights for those accused of drug crimes in Illinois is the right to legal representation. If you cannot afford an attorney, one will be appointed for you by the court.

Having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case. A skilled attorney will assess the evidence, challenge the prosecution’s case, and advocate for the best possible resolution through negotiation or trial.

Search and Seizure Rights

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. This means that the police must have a valid search warrant or probable cause to search your property or person.

If the evidence against you was obtained through an illegal search, your attorney can file a motion to suppress the evidence, which could result in the dismissal of some or all charges.

Drug Diversion and Treatment Programs

In Illinois, some defendants accused of non-violent drug offenses may be eligible for drug diversion or treatment programs. These programs aim to rehabilitate offenders instead of punishing them. By successfully completing a diversion or treatment program, you may avoid a criminal conviction and its lifelong consequences.

Consulting with an attorney can help determine your eligibility for such programs and guide you through the process.

Plea Bargains and Negotiations

Prosecutors in Illinois often prefer to resolve cases through plea bargains, which allow them to secure a conviction without going to trial. Whether this is the best option for you is something that you should discuss with your lawyer as you look at the specific facts of your case.

If you do decide to opt for this route, your attorney can negotiate with the prosecution to reach a plea agreement where, generally, you will receive reduced charges or lighter sentencing, ensuring that your rights are protected throughout the process.

Building a Strong Defense

In some cases, fighting the charges at trial may be in your best interest. A strong defense strategy can include challenging the credibility of witnesses, questioning the validity of evidence, and presenting alternative explanations for the circumstances surrounding the alleged drug crime. Your attorney will thoroughly investigate the case and craft a compelling defense to present in court.

Remember, being accused of a drug crime in Illinois can be overwhelming, but knowing your rights and exploring available options can provide clarity and reassurance during this difficult time. You can remain silent and seek legal representation immediately.

An experienced criminal defense attorney can guide you through the complexities of the legal process, protect your rights, and fight for the best possible outcome for your case. Whether it’s exploring diversion programs, negotiating a plea deal, or mounting a strong defense at trial, there are paths to securing your future. Exercise your rights, seek professional legal assistance, and take steps to protect your future and reputation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Here are some of the most enduring misconceptions about drug crimes in Illinois, as well as the truth behind them so you have a better understanding of what it means to commit a drug crime.

Myth No. 1: Drug Charges are Now Misdemeanors in Illinois

While marijuana has been legalized for both medical and recreational purposes, there are still limits to how much marijuana one can possess in our state.

Anyone over 21 in Illinois is allowed to have up to 30 grams of marijuana. However, if you are found in possession of between 30 and 100 grams, then you will be charged with a misdemeanor. Possession over 100 grams is a felony, as is the possession of other controlled substances in Illinois.

In fact, if you are found in possession of controlled substances in the state, then you are going to be charged with a felony. Controlled substances such as methamphetamines, cocaine, heroin, and hallucinogens are illegal to possess and will result in felony charges. The level of felony depends on how much of the controlled substance is in your possession.

Myth No. 2: If You Ask an Undercover Officer If They’re Police, They Cannot Lie

A lot of drug crimes are caught through police surveillance and often involve officers going undercover to bust someone for drugs. There is an idea that’s been around for a long time that if you ask a policeman working uncover if they are the police, they have to tell you the truth.

That’s simply not true.

Undercover officers are under no obligation to tell someone who asks if they are indeed working undercover. If they were, then uncover operations likely wouldn’t be that successful.

Myth No. 3: If It’s Your First Drug Offense, You Won’t Go to Jail

Many would like to believe that if you have no prior criminal history, you’ll be let off the hook for more serious penalties, but that’s not true. Illinois has mandatory minimum sentences for many crimes, including drug crimes.

And while some jurisdictions have treatment courts where you are offered drug treatment in lieu of prison, most will be prosecuted to the greatest extent they can and given a sentence the judge has no choice but to mandate.

For example, in drug crime cases involving drug trafficking, Illinois courts have mandatory minimum sentencing they must impose.

Myth No. 4: You Can Just Have a Drug Crime Expunged From Your Record Later

While there are some crimes that can be expunged, drug crimes typically are not one of them. The exception is any crime involving possession of 30 grams or less of marijuana — as long as it didn’t involve giving marijuana to a child under the age of 18 and it wasn’t a part of a conviction for a violent crime.

If you think you don’t have to worry about drug charges against you because you can simply have them taken off your record later, you need to rethink that position. That’s why hiring an experienced attorney to help you with your case is the best option. After all, if you’re found not guilty, then the charge can be expunged from your record.

Myth No. 5: If Drugs Are Found On You By Police, You’re Guilty

Many people think that if they’re busted with drugs, that’s the end of the story and the conclusion to their case has already been decided – but that’s simply not true.

An experienced attorney can help to build a robust defense on your behalf and defend you against drug charges. They’ll also ensure that your rights in the situation are upheld and that your trial is as fair to you as possible, including that specific rules have been followed by police in their investigation at every turn. One wrong move by police can help to set you free.

Bottom line? Drug crimes can be complex, and charges are confusing. That’s why it’s vital to understand at every point the charges you are facing and your rights as the accused in the situation. Of course, the first step to any of that is the ability to separate fact from fiction when it comes to drug crimes in Illinois.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Being charged with possession of illegal substances is not something to be taken lightly, but it could land you in especially hot water if you’re convicted in the state of Illinois.

Why? Because Illinois courts enforce mandatory minimum sentences for drug trafficking, and you can be charged with drug trafficking based on the amount of substance in your possession (even if you didn’t intend to distribute it) due to state laws.

Often associated with federal courts and accused of targeting poorer communities, mandatory minimums give judges little autonomy in the sentencing of a crime. Instead, they require a predetermined amount of jail time regardless of your previous record or the details of your case.

In our state, it is important to know that the amount and classification of the illegal substance in question could mean the difference between a possession and trafficking charge — which greatly impacts the type, length, and severity of your charges, sentence, and fines.

Illinois’ Classification of Controlled Dangerous Substances

Our state uses a classification system for controlled dangerous substances that divides drugs into “schedules.” These schedules range from one to five based on severity and their potential for abuse (with schedule one substances being the most severe). The type of drug, coupled with the amount in your possession at the time of arrest, heavily impacts the charges and penalties you will face.

Of course, the drug schedule classification system doesn’t determine everything. In fact, the state of Illinois takes a mixed approach. While some CDS crimes are classified by schedule, others are based on the specific type of drug involved.

This can lead to confusion and uncertainty in terms of expected sentences, especially if you are charged with trafficking in addition to possession. Remember, it is possible to be charged with drug trafficking simply based on the amount of CDS in your possession at the time of arrest.

Take, for example, marijuana. Under current laws, it is legal to possess 30 grams or less of marijuana in our state. However, possessing more than 5,000 grams carries a mandatory minimum sentence in Illinois if distribution or sale can be proven in court.

Drug Distribution Charges and Penalties in Illinois

The Illinois Controlled Substances Act defines drug distribution as knowingly bringing a controlled substance into the state for the “purpose of delivery or with the intent to deliver it elsewhere.” These types of crimes are charged as Class X, 1, 2, or 3 felonies, with Class X covering the most severe offenses.

If convicted of drug trafficking, the act requires a judge to sentence the guilty party to a prison term with no less than twice the minimum but also no more than twice the maximum, and in the case of multiple offenses, additional minimum or maximum consecutive or concurrent sentences. In short, anyone charged with drug trafficking in the state of Illinois is looking at lengthy jail time due to mandatory minimum laws.

Although Illinois lawmakers have been trying to reform mandatory minimum laws for years and give judges more jurisdiction over individual sentencing, current mandatory minimum legislation provides judges with little or no autonomy when it comes to ruling based on the details and context provided to them in a case.

In situations involving drug trafficking, many have argued that these harsh statutes single out minority communities and enforce longer jail time and steeper fines than is appropriate if the guilty party is vulnerable or under duress.

Thankfully, a controlled substance trafficking charge is not a conviction. Potentially helpful defense strategies may include lack of knowledge, being under 13 years of age, duress, and entrapment.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Chicago has been cracking down on a number of hard drugs in the past year, including heroin. One particular sting just concluded after a year of investigations. This sting led to the discovery of hundreds of thousands of dollars in heroin sales and the arrest of 22 people.

This sting, the result of Operation Monticello’s Revenge, tracked the sale of more than 27 pounds of pure heroin and 57 pounds of heroin laced with fentanyl.

This may have generated as many as 39,000 individual “blow” packets. Based on Chicago’s heroin laws, the people caught by the sting are now facing significant penalties and the potential for decades in prison.

What Criminal Drug Charges Did the Chicago Sting Involve?

The majority of the people in the sting are being charged with “conspiring to distribute illegal narcotics.” This is the charge of selling or trafficking hard drugs like heroin.

Four suspects were charged with additional offenses, including manufacturing the drug. These charges may have significantly different penalties depending on the amounts of heroin each person is proven to have handled.

Penalties and Laws Pertaining to Heroin in Illinois

Chicago has serious penalties for drug crime convictions involving heroin. There are three general categories of charges for handling this illicit substance: charges for possession, for selling, and for trafficking or manufacturing the drug.

These three categories have various penalties depending on the amount of heroin involved with each criminal charge.

Manufacturing, Trafficking, and Selling Heroin

The Monticello’s Revenge sting largely focused on the selling and trafficking of heroin. These crimes are considered more serious than mere possession because they directly relate to distributing the substance to others (especially those who suffer from addiction).

The trafficking and manufacturing of heroin is always a felony charge. Penalties can range from 4 to 60 years in prison and fines of up to half a million dollars when dealing with the end product.

Possessing the Ingredients for Heroin

It is also possible to receive a charge of manufacturing heroin if you possess the ingredients involved in making heroin. The ingredients that can lead to a charge of intent to manufacture include:

• Opium
• Diamorphine
• Fentanyl

These and any other ingredients used to make the three most common forms of heroin – black tar, brown, or white powder heroin – can be enough to receive a charge of trafficking. Even when no heroin is found, prosecutors may charge you with the intent to manufacture the maximum amount of heroin the ingredients would permit.

This can lead to significant penalties, including anywhere from 6 to 60 years in prison and fines of up to half a million dollars or the street value of the drug – whichever is higher.

Conspiracy to Distribute Heroin

The Monticello’s Revenge sting not only included these charges but also included the charge of conspiracy to distribute. This is a very specific charge. In order to be convicted of this charge, the accused must meet some very specific requirements:

• The accused must have possessed heroin or profited off of heroin by at least $500, and
• They must have worked with two other people to make this profit.

Being charged with conspiracy can significantly increase the penalties an offender already faces. Depending on the amount of profit and the volume of the drug involved, penalties include up to $500,000 in fines and up to 60 years in prison.

Heroin charges are no joke. Even possessing the ingredients to make heroin can lead to a life in prison if you are convicted. If you have been charged with any type of heroin crime, you should immediately reach out to an experienced Chicago drug crimes attorney to discuss your options.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Drugs are a consistent problem in many large cities all over the nation, and recently, the federal government has taken a greater interest in Chicago. Although Chicago cartel affiliates primarily deal in heroin and fentanyl, feds currently have an eye out for an uptick in cocaine trafficking.

Why? Because cocaine production has increased dramatically in South American in recent years, according to the DEA.

In the past year, this agency has spent significant amounts of time and resources working to take down cocaine cartels, and as recently as March 2020, a single operation caught 600 people total, 50 of which were Illinois residents involved in a Chicago cocaine supply line.

In June, the feds then arrested another alleged cocaine producer who operated in Chicago itself. This is just a small sample of the cocaine prosecutions that occur in Chicago regularly.

The Illegal Drug Scene in Chicago

Currently, cocaine is not the most common drug in Illinois. Fentanyl, heroin, meth, and opioids are more frequently abused right now.

Because of the increase in production in the southern hemisphere, though, it’s expected that cocaine is going to become more common in the US — especially in hubs like Chicago.

That said, cocaine is difficult to produce in the US, so it is commonly smuggled, making it a tempting target for the DEA. The agency can manage larger numbers of drug smugglers in a single investigation compared to small, US-based meth or fentanyl producers.

All of these factors lead us to a single conclusion: It’s safe to expect a continuing crackdown on this drug as time goes on.

Chicago’s Cocaine Penalties

Considering the increasing likelihood of cocaine prosecution, understanding how Illinois penalizes the drug is important.

There are three categories of cocaine crime in the state: possession, sale, and trafficking. A conviction on each of the three crimes can be the difference between a fine or spending life in an Illinois prison.

Possession of Cocaine

Cocaine possession is the least severe charge related to the drug. Having even the smallest amount is still a felony charge, however. Less than 15 grams found on your person is a class 4 felony, leading to fines of up to $25,000 or three years in jail.

Possessing anything over 15 grams becomes a class 1 felony, with mandatory minimums of at least four years in prison and the potential for up to 50 years. Fines for possessing more than 100 grams? Either $200,000 or the current street value of the drug, whichever is higher.

Sale of Cocaine

Selling cocaine is considered more serious. Selling less than a gram of the drug is a class 2 felony, carrying 3-7 years in prison. Selling between 1-15 grams is a class 1 felony, with similar penalties to possession of the same amount of cocaine.

Finally, selling more than 15 grams is considered a Class X felony, the second most serious crime level in Illinois. Additionally, selling cocaine near a school or truck stop leads to double penalties, and selling cocaine to a minor is a Class Y felony.

Trafficking of Cocaine

Trafficking is the most severe drug crime. Transporting just 15 grams of cocaine is a class 1 felony carrying up to 15 years in prison and $250,000 in fines.

Trafficking more than 15 grams is a class X felony, with fines of $500,000 or the street value of the trafficked amount, whichever is higher. Prison sentences can be as high as 60 years for trafficking larger amounts.

It’s important to remember that these are just the Illinois penalties for cocaine. People accused of having, selling or trafficking cocaine can be charged by both the state and the federal government. Get the federal DEA involved and it’s possible to face even more severe penalties than you might face from Illinois charges alone. If you have been accused of any cocaine drug crime, you should seek out experienced legal representation immediately.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Generally, mandatory minimums are associated with federal courts. However, Illinois state courts also impose mandatory minimum sentencing for drug trafficking convictions.

Mandatory minimums are controversial, as judges are forced to impose a minimum sentence for a particular set of crimes (in this case drug trafficking), which is typically quite severe.

These minimums are imposed regardless of the defendant’s criminal history, and any mitigating circumstances surrounding the offense.

Many times, judges don’t agree with these sentencing guidelines but are required to impose them anyway. This often results in unjust sentencing and overloading prisons with nonviolent drug offenders.

For this reason, mandatory minimum sentences are currently under reform in federal and state courts, including Illinois. If passed, pending legislation could give judges a small amount of discretion in certain cases.

For now, expect that Illinois drug trafficking crimes will be met with mandatory minimum sentences. In an effort to educate you before you need to know, today’s post covers how drug trafficking laws work in Illinois, and the prison term you could face if convicted.

How Illinois Drug Trafficking Laws Work

In Illinois, the charge of drug trafficking applies when the defendant is involved in the import or export of controlled substances into or out of Illinois. To find the defendant guilty of drug trafficking, the prosecution must be able to prove that the defendant:

• Knowingly
• Bought or arranged transport of
• A controlled substance
• Into or out of Illinois

A controlled substance is either an illegal narcotic such as heroin or cocaine, or a controlled prescription medication possessed by the defendant without a legal prescription.

Illinois Drug Trafficking Mandatory Minimums

If a defendant is convicted of drug trafficking in Illinois, the judge is required by the Illinois Controlled Substance Trafficking Act to sentence the defendant to a prison term within these guidelines:

• No less than twice the minimum
• No more than twice the maximum

Class X Felonies

In Illinois, the below drug trafficking offenses are prosecuted as Class X felonies, the most severe class of felony other than murder. You can expect the following prison terms.

Heroin | Fentanyl | Morphine | Cocaine

• 15-100 grams: 60-30 years
• 100-400 grams: 9-40 years
• 400-900 grams: 12-50 years
• 900+ grams: 15-60 years

Peyote | Barbiturates | Amphetamines

• 200+ grams: 6-30 years

PCP | Ketamine | Other Scheduled I and II drugs

• 30+ grams: 6-30 years

Marijuana

• 5+ kg: 6-30 years

Class 1 Felonies

Trafficking the substances below in the indicated amounts is considered a Class 1 felony, punishable by the specified sentence.

Heroin | Fentanyl | Morphine | Cocaine

• 1-15 grams: 4-15 years

Peyote | Barbiturates | Amphetamines

• 50-200 grams: 4-15 years

PCP | Ketamine | Other Scheduled I and II drugs

• 10-30 grams: 4-15 years

Marijuana

• 2-5 kg: 4-15 years

Class 2 Felonies

Trafficking the controlled substances below in amounts outlined is considered a Class 2 felony, and each carries the prison terms indicated.

Heroin | Fentanyl | Morphine | Cocaine

• < 1 gram: 3-7 years

Peyote | Barbiturates | Amphetamines

• <50 grams: 3-7 years

PCP | Ketamine | Other Scheduled I and II drugs

• <10 grams: 3-7 years

Marijuana

• 500-2,000 grams: 3-7 years

Class 3 Felonies

Those Illinois drug trafficking offenses in this section are considered a Class 3 felony can land you 2-5 years imprisonment.

• Schedule III, IV and V drugs
• Marijuana, 30-500 grams

Illinois, situated in the heart of the Midwest and the country, is undeniably a major hub for drug trafficking. This has created a situation where apprehending drug traffickers here is a major priority for both state and federal law enforcement.

Don’t get caught up in the mix. If you do, fight back proactively with an experienced Illinois criminal drug trafficking defense team to beat the charges against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Ordering drugs in the mail over the so-called “dark net” has become popular with drug users and dealers alike. The dark net is (in theory) anonymous, and drugs ordered from these sources are generally cheaper and purer than street drugs. Plus, they don’t carry the risk of dealing with cartels or distributors.

Because this tactic is relatively new, many people believe that they stand less chance of being caught by law enforcement. However, police are now cracking down on this sort of crime.

For example, a Champaign couple was allegedly receiving cannabis by mail and selling it and other drugs (including hydrocodone, oxycodone, morphine, and Ecstasy) until they were caught by police and charged with cannabis trafficking and possession with intent to deliver.

How did the cops find out?

They obtained a search warrant for the couple’s residence after learning that a suspicious package had been mailed to the couple’s address. They intercepted the package and found that it contained about four ounces of cannabis concentrate. This was then used as probable cause to obtain a search warrant of the couple’s residence, which revealed the other substances and a drug distribution operation.

If convicted, the couple could face decades of prison time. This is a case in point of how authorities are cracking down on mail order drugs.

How exactly did they learn about the suspicious package, though? Do these types of situations always result in drug trafficking charges?

Below, we take a look at how police catch mail order drugs, and how these crimes are prosecuted.

How Illinois Law Enforcement Is Cracking Down on Mailed Drugs

Sending drugs by mail has become increasingly common in recent years, and for good reason. Drugs sent by mail are often very difficult for standard inspection facilities to detect.

Law enforcement, however, is working to change this.

Chicago’s O’Hare Airport Mail Facility is a major distribution point for packages shipped to the Midwest, and is estimated to be the second-largest gateway for drug shipments in the US. Due to the nation’s opioid crisis and the increased prevalence of mail-order drug crimes, law enforcement has initiated a major effort to intercept suspicious packages traveling through the facility.

The O’Hare mail facility has implemented high-tech detection systems in order to better detect drug-containing packages. This equipment will better enable law enforcement to intercept drugs in the mail.

When drug-containing packages are intercepted, law enforcement can then use this as probable cause to search the shipping address. Ultimately, the recipient will be charged not only with the drugs intercepted in the mail, but also with any evidence found at the shipping address.

Federal law enforcement is also infiltrating the dark net to catch those buying and selling drugs. Federal agents have conducted a number of major sting operations on the dark net, catching both the buyers and sellers of illicit substances in the process.

Dark net transactions have become more widespread with the advent of Bitcoin and other theoretically anonymous cryptocurrencies, which are frequently used for illegal activities.

Let’s look closer at Bitcoin specifically. While supposedly anonymous, in reality this isn’t entirely true.

Every Bitcoin transaction is transcribed on a public Bitcoin ledger, which the authorities have used to create a map of where Bitcoin is going. This can sometimes be used to find the real-world identity behind the transactions. Bitcoin also becomes traceable when it is converted to other currencies.

Possession Versus Trafficking Charges in Illinois

Technically, sending or ordering drugs in the mail could be considered federal drug trafficking, as this offense most likely involves the transport of drugs across state lines.

However, what about individual drug users who have no intent to distribute the drug in question? This becomes a legal gray area.

Thus far, prosecutors have only pressed drug trafficking charges in these cases when the intent to distribute the drugs can be proven.

For example, in the above case, the quantity of cannabis concentrate ordered would be suggestive of the intent to distribute, and a search of the defendants’ residence revealed further evidence of drug distribution, in addition to distribution quantities of other illicit substances.

If prosecutors cannot prove that the defendant has the intent to sell or distribute the drugs, ordering drugs in the mail is generally charged as simple possession. However, because any intercepted packages are considered probable cause to search the shipping address, you can expect to face charges for any additional evidence of drug crimes or other criminal offenses obtained during the search.

Due to recent crackdowns, we can absolutely expect increased prosecution of drug crimes committed using the mail. If you want to avoid charges, it’s important to be aware of these efforts and understand the law.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you’ve ever been required to take a drug test, you know what a nerve-racking experience it can be – even if you haven’t been taking illicit drugs and shouldn’t have anything to worry about.

You may be concerned about the potential consequences should you fail a drug test. After all, this could be considered evidence that you have been using an illicit substance, right? Isn’t that a crime?

Fortunately, in most cases you will not face criminal consequences for a failed drug test, although you may face consequences with your employer, and potentially be reported to regulatory agencies.

There is one big exception to this, however. If you are on probation or parole, you can incur legal consequences for failing a drug test.

Generally speaking, the civil and legal consequences for failing a drug test depend on the circumstances under which it was administered. Below, we review the consequences you could face for failing a drug test in several common contexts.

Pre-Employment Drug Testing

One of the most common reasons for drug testing is pre-employment screening. Nearly all government and public jobs require a pre-employment drug test, and private employers often receive state and federal incentives for pre-employment screenings, along with financial breaks from insurance companies.

Although individual companies are free to set their own guidelines regarding drug testing and reporting, most follow the guidelines of the Substance Abuse and Mental Health Services Administration in order to avoid lawsuits.

Under these guidelines, should you fail a pre-employment drug test, the result will likely not go any further than the company’s HR department. Although you will most likely be denied employment, this is unlikely to show up on a background check, and even more unlikely to results in criminal consequences.

Ongoing Employer-Required Drug Testing

When you are currently employed and fail a drug test, the consequences depend on a number of factors. The reason for the test, your occupation within the company, and the length of time you’ve been employed may all affect the outcome.

In most cases, you will be terminated for failing a drug test, although some employers may allow a second test after a period of time, or provide counseling services for assistance with addiction, usually requiring your participation in such programs to stay employed.

In most cases, a failed drug test with a current employer will go no further than the company. However, some employers may be required to report the results of your drug test to an outside agency such as the unemployment office. Although this has no legal repercussions, it could affect your eligibility for unemployment.

Further, if your next employer runs a very thorough pre-employment background check, it’s possible that this process will reveal that you previously failed an employer’s drug test.

Probation Drug Testing

Mandatory continued drug testing is a condition of most parole, probation, and drug court programs. Failing a drug test in this situation could lead to legal repercussions, and it may also have a negative impact on sentencing for the original offense.

Below, we describe the consequences you could face for failing a drug test on probation. However, all cases are at the discretion of the parole officer, and it’s possible that you could face criminal consequences even for your first failed test.

Warning

Depending on the nature of offense that you are on probation for, you may receive a warning for your first failed drug test. However, if you are caught committing a drug crime, you may be sent to prison immediately.

Generally, once you have been issued a warning while on probation, you should absolutely refrain from all other drug use, as you will likely face legal consequences for an additional failed test.

Community Service and Rehabilitation

In some cases, a probation officer will issue community service after the first warning. This is an attempt to rehabilitate the person rather than imposing severe criminal consequences.

However, if this does not help with the defendant’s substance abuse issues or the parole officer believes another program is warranted, the defendant may be sent to a rehabilitation center. Refusing to attend rehabilitation or leaving before completing the program will result in jail time.

Counseling Services

In some cases, the defendant may be ordered to attend counseling, especially if the officer discovers an underlying mental or emotional issue. The idea behind this is that counseling can help identify the root cause of the defendant’s substance abuse problems.

Jail or Fines

In some cases, the probation officer may send the defendant back to jail or impose criminal fines. This is likely in the event of multiple failed drug test, or if the defendant is caught committing a drug crime in addition to the failed test(s). However, this is possible for even the first failed drug test.

In some cases, you could be imprisoned in the county jail. Generally, this is only for a few days or weeks. However, if you were participating in a criminal diversion program, you may be forced to serve out the duration of your sentence in prison.

The bottom line is that failing a drug test while on probation is quite serious. However, consulting with a lawyer in this situation may help you avoid additional charges or increased sentencing.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Drug trafficking is a serious problem in any major city, including Chicago. Drug trafficking operations put more drugs into the hands of users, and bring violent crimes associated with the drug trade into the city. Mexican drug cartels are notoriously violent, and they are a primary source of many dangerous controlled substances.

The DEA recently announced a new initiative to target drug trafficking into Chicago by Mexican drug cartels. These plans call for a new enforcement group within Chicago to better target drug traffickers.

Although this is largely beneficial for Chicago citizens, this enhanced effort may mean that some law enforcement officials get a little overzealous in prosecuting drug trafficking. It’s therefore important to understand the laws surrounding drug trafficking so you know what you’re up against and how to fight back if you face drug trafficking charges.

How Illinois Law Defines Drug Trafficking

Drug trafficking, or controlled substance trafficking, is defined as bringing a controlled substance or precursor into the state of Illinois to distribute or manufacture the substance within the state of Illinois or elsewhere.

Therefore, the three elements of controlled substance trafficking are as follows:

• The defendant knowingly
• Brought or caused to be brought a controlled substance into the state
• With the intent or purpose to deliver it elsewhere.

To convict a defendant of drug trafficking, the prosecution must be able to prove the defendant’s knowledge of the trafficking, as well as the intent to distribute it elsewhere.

State Versus Federal Drug Trafficking Prosecution

Drug trafficking is illegal at both the state and federal level. Even if the trafficking only takes place in the state of Illinois, it may be prosecuted at either the state or federal level. This is left to the discretion of the court systems.

If the drug trafficking involved crossing state or international borders, which is often the case, it will be federally prosecuted. Further, any drug trafficking caught by the current DEA effort will be prosecuted federally, as the DEA is a federal agency.

Federal prosecution is much more serious than state-level prosecution for a number of reasons:

• Federal agencies have more resources to investigate, so the evidence against you will likely be stronger and more difficult to defend against.
• Federal courts have strictly enforced mandatory minimums, and federal prosecutors are more likely to seek the maximum possible sentence.
• Federal prisons are likely to be much farther from your home, making visitation during incarceration more difficult.

Federal cases require special expertise. If you are being investigated or prosecuted federally, you will need a Chicago criminal defense attorney who is experienced in defending federal cases.

Drug Trafficking Penalties in Illinois and Beyond

As with any drug crime, drug trafficking is sentenced based on the amount of substance in question. Your relative involvement in the drug trafficking operation is unlikely to be considered, so even if you play a minor role, you face the same penalties as those who are heavily involved.

You can generally expect a prison term of at least 10 years even for a first offense. For a second offense, you can expect to be incarcerated for at least 20 years, and for a third or more offense, you could be sentenced to life in prison.

Worried? You should be. However, it’s important to remember that drug crime charges do not equate to a conviction. Depending on the circumstances of your case, there may be a number of defense strategies that can help – you just have to put forth the effort to fight.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Drug crimes are some of the most common federal offenses. The “War on Drugs” has resulted in a higher incarceration rate than the world has ever seen before, and a large proportion of current inmates in federal correctional facilities are there for drug-related offenses.

One of the most serious federal drug offenses? Drug trafficking.

If you are charged with drug trafficking at the federal level, it comes with incredibly harsh mandatory minimum prison sentences, among other penalties.

Not all drug trafficking cases are tried at that federal level, though. So how do law enforcement officials determine whether a trafficking case should be a state or federal matter?

What Makes Drug Trafficking a Federal Offense?

Here’s the real – and very unhelpful – answer: federal courts pick up cases involving federal offenses at their discretion.

In other words, as long as an act is in the books as a federal crime (and just about all drug crimes are), the case can be tried at the federal level. It doesn’t matter if you’re talking about a minor possession charge or a large-scale drug trafficking case.

Thankfully, that’s not the way it works in practice – at least not most of the time. The federal government is usually only interested in big cases or cases that involve multiple states or even countries.

So, if a drug crime crosses state lines, it’s more likely to end up in federal court. Ditto drug trafficking cases where a large amount of substances is involved, where the drug trafficking ring involves an extensive network of individuals, or if substances of special interest, such as opiates, are involved.

Federal Drug Trafficking Prison sentences

There’s a reason everyone is afraid for the feds to get involved. Federal courts are notorious for stringent investigations and harsh sentencing, including strictly enforced mandatory minimums for even first-time offenders.

Like most drug crimes, federal drug trafficking sentencing depends upon the type and amount of substance, and whether serious bodily harm or death occurred as a result of the offense.

Heroin and Fentanyl

The United States is in the midst of an opiate crisis, with over 15,000 overdose deaths occurring annually due to heroin alone. Because of this, you can expect for the feds to be much more likely to pick up any case involving heroin trafficking.

Federal prison sentences for trafficking 100-999 grams of heroin or 40-399 grams of fentanyl are as follows:

• First offense, no serious bodily injury: 5-40 years
• First offense with serious bodily harm or death as a result: 20 years-life
• Second or more offense, no bodily injury: 10 years-life
• Second or more offense with serious bodily harm or death as a result: Life

Federal prison sentences for trafficking 1 kilogram or more of heroin or 400 grams or more of fentanyl are as follows:

• First offense, no serious bodily injury: 10 years-life
• First offense with serious bodily harm or death as a result: 20 years-life
• Second offense, no bodily injury: 20 years-life
• Second offense with serious bodily harm or death as a result: Life
• Third offense regardless of bodily injury: Life

Cocaine

Cocaine is a stimulant with serious potential for abuse. Most cocaine is produced in South America, and is trafficked to the US via large drug trafficking rings and cartels. You can therefore expect for the feds to pay close attention to any cocaine trafficking case.

Federal prison sentences for trafficking 500-4999 grams of cocaine, or 5-49 grams of cocaine base are as follows:

• First offense, no serious bodily injury: 5-40 years
• First offense with serious bodily harm or death as a result: 20 years-life
• Second or more offense, no bodily injury: 10 years-life
• Second or more offense with serious bodily harm or death as a result: Life

Federal prison sentences for trafficking five kilograms or more of cocaine or 50 grams or more of cocaine base are as follows:

• First offense, no serious bodily injury: 10 years-life
• First offense with serious bodily harm or death as a result: 20 years-life
• Second offense, no bodily injury: 20 years-life
• Second offense with serious bodily harm or death as a result: Life
• Third offense regardless of bodily injury: Life

Methamphetamines

Methamphetamines are powerful stimulants with high potential for abuse. Methamphetamine is relatively easy and cheap to produce, and is a common drug of abuse in the Midwest, including in Illinois.

Federal prison sentences for trafficking 5-49 grams of pure methamphetamine or 40-499 grams of a methamphetamine mixture are as follows:

• First offense, no serious bodily injury: 5-40 years
• First offense with serious bodily harm or death as a result: 20 years-life
• Second or more offense, no bodily injury: 10 years-life
• Second or more offense with serious bodily harm or death as a result: Life

Federal prison sentences for trafficking 50 grams or more of pure methamphetamine or 500 grams or more of a methamphetamine mixture are as follows:

• First offense, no serious bodily injury: 10 years-life
• First offense with serious bodily harm or death as a result: 20 years-life
• Second offense, no bodily injury: 20 years-life
• Second offense with serious bodily harm or death as a result: Life
• Third offense regardless of bodily injury: Life

Marijuana

Marijuana laws have been relaxed substantially in many liberal states, with some states fully legalizing recreational use. However, marijuana remains illegal both federally and in the state of Illinois.

Federal prison sentences for trafficking 50-99 marijuana plants, 50-99 kilograms marijuana or more than one kilogram of hash oil are as follows:

• First offense, no injury: Up to 20 years
• First offense with serious bodily harm or death as a result: 20 years-life
• Second or more offense with no injury: Up to 30 years
• Second or more offense with serious bodily harm or death as a result: Life

Federal prison sentences for trafficking 100-999 kg of marijuana or 100-999 marijuana plants are as follows:

• First offense, no injury: 5-40 years
• First offense with serious bodily harm or death as a result: 20 years-life
• Second or more offense, no injury: 10 years-life
• Second or more offense with serious bodily harm or death as a result: Life

Federal prison sentences for trafficking 1000 kg or more of marijuana or 1000 or more marijuana plants are as follows:

• First offense, no injury: 10 years-life
• First offense with serious bodily harm or death as a result: 20 years-life
• Second or more offense, no injury: 20 years-life
• Second or more offense with serious bodily harm or death as a result: Life

Facing Drug Trafficking Charges in Illinois?

If you are facing drug trafficking charges, it is imperative to take this matter very seriously — failure to do so could result in decades or even a lifetime in prison, not to mention enormous fines. To fight drug trafficking charges, you must retain a skilled Illinois criminal defense lawyer.

Regardless of whether your case is tried at a state or federal level, a good defense attorney will leverage his or her knowledge and experience to reach the best possible outcome in your case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

One of the risks of using illegal drugs is that it is relatively common to also be charged with drug trafficking in addition to possession. Technically, trafficking can apply to any drug amount, but trafficking charges are typically associated with larger quantities.

Importantly, even if the drugs were intended for personal use, the type, amount, or weight of the controlled substances in question may lead law enforcement to believe that you are a drug trafficker and press charges accordingly. In other words, if you are alleged to be in possession of drugs over a certain amount, you can charged with trafficking.

To crack down on drug trafficking by large drug rings and cartels, the Illinois legislature passed the Illinois State Drug Trafficking Act. Under this act, drug trafficking is separately charged, and is much more severely penalized than manufacture, distribution, or possession with intent to distribute.

Penalties for Drug Trafficking in Illinois

If convicted of drug trafficking, the offender will be sentenced to incarceration for no less than twice the minimum term and no more than twice the maximum term assigned for manufacture, distribution, or possession with intent to distribute under Section 401 of the Illinois Controlled Substance Trafficking Act.

The prison sentence time varies based upon the type and amount of controlled substance, but can range from several years to multiple decades.

Drug Trafficking Defenses

In order to prove drug trafficking beyond a reasonable doubt, the prosecution must prove that the defendant knowingly brought or arranged transportation of a controlled substance across Illinois state lines. Most drug trafficking defenses are therefore focused upon the possession of the controlled substance and the intent to transport.

Illegal Search and Seizure

The US Constitution’s Fourth Amendment guarantees citizens the right to lawful search and seizure procedures. Many times the police do not conduct a search and seizure legally, so illegal search and seizure defenses are common in drug trafficking and possession cases.

If the drugs are discovered during a traffic stop, the stop must be made legally, and the illicit substance must be “in plain view,” such as the car’s dashboard. If the arresting officer(s) search the vehicle without the consent of the driver, any illicit substances or other forms of evidence would be obtained illegally.

If the illicit substance is discovered at a place of residence or business, the police must have a search warrant to search the premises, and any procedures used for the search must be outlined in the warrant.

The controlled substance in question is typically the primary evidence for drug trafficking, and any evidence obtained illegally is not admissible in court. A competent defense attorney will ensure that the defendant’s rights to legal search and seizure were not violated.

Duress

If the defendant committed the offense under reasonable threat of inescapable, grievous bodily harm, a duress defense may be appropriate. In this case, the defendant was deprived of free will to commit the crime, so cannot be held accountable.

Compulsion

In some cases, the defense may be able to argue that the defendant’s addiction to controlled substances compelled commission of drug trafficking. Although this defense is unlikely to result in an acquittal, it may be effective in plea bargaining.

Entrapment

Law enforcement often uses undercover sting operations to catch drug traffickers. However, if the undercover officer or informant compels the defendant to commit a crime that he or she would not otherwise commit, this is known as entrapment. A skilled defense attorney will make sure that proper procedures were followed if the arrest was made as a part of an undercover operation.

Crime Lab Analysis

In order to prove that the defendant was in possession of controlled substances, the prosecution must prove that it is indeed the alleged substance by sending it to a crime lab for analysis. Further, appropriate chain of custody procedures must be followed to document the transport of samples. If these procedures are not followed, the prosecution cannot prove that the defendant was in possession of the alleged controlled substance.

Lack of Knowledge

To successfully convict the defendant of drug trafficking, the prosecution must prove that the defendant knowingly transported a controlled substance. The controlled substance must be in the personal possession of the defendant or under his or her control when discovered.

In some cases, the defendant may not have knowingly transported the drugs. For example, the defendant may have unknowingly borrowed or rented a car with illicit substances stashed in the dashboard. In this case the element of intent is not present, and the defendant cannot be proven guilty beyond reasonable doubt.

If you or a loved one are facing drug trafficking charges, the consequences may be life-altering. Retain the best available drug trafficking defense attorney as early in the process as possible. He or she can help make sure that your rights are protected during the investigation and trial, and build the best possible defense to maximize your chance of a favorable outcome.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Recently thirteen people were arrested on drug trafficking charges in the Chicago area. Federal agents conducted a two-year investigation on Chicago’s Northwest side and in western suburbs and discovered an operation that distributed fentanyl, heroin, and cocaine. Many transactions allegedly occurred, including one at an Aurora gas station.

Arrests like these are becoming more common as the federal government cracks down on drug trafficking. Federal, state, and local agencies are acting in cooperation to put a stop to drug trafficking activity. Here’s what you need to know about federal drug trafficking laws.

Understanding Federal Drug Trafficking Laws

Drug trafficking is a felony, and a far more serious charge as compared to drug possession. Drug trafficking laws punish the manufacture, sale, transportation, and distribution of controlled substances. The drugs most frequently trafficked in the United States include cocaine, methamphetamine, marijuana, heroin, and oxycodone. Drug trafficking charges may also apply for the illegal sale and distribution of prescription drugs like opiates and sleeping pills.

Drug trafficking applies to controlled substances as defined by federal law. Drugs are classified according to different “schedules,” or rates of potential for abuse. Other factors include whether the drug has medical value and whether it will create physical or psychological dependency. Many illegal drugs and some over-the-counter drugs, such as cough medicine with codeine, are included in the listing.

Even though many people use the terms “drug trafficking” and “drug dealing” interchangeably, in the eyes of the law they aren’t necessarily the same. A drug trafficking charge has more to do with the amount of the drug being distributed than the geographic spread of the drug.

The amount of the drug in question determines whether possession or trafficking charges apply. If you are found with a certain amount of an illegal substance, and the amount exceeds the legal limit, you can be charged with drug trafficking. A qualified attorney will know how the guidelines apply in your particular case.

The manufacturing process of the drug comes into play in a drug trafficking charge as well. If a defendant was involved in the cultivation of plants, seeds, or other naturally occurring elements used to make illegal controlled substances, the charges may apply. This is also true if a defendant used chemical processes or laboratory processes in the manufacture of the illegal substance.

Intent also matters in a drug trafficking charge. The prosecutor must be able to prove that you both possessed a quantity of illegal drugs over the federal limit and that your possession had intent. You can be found guilty of drug trafficking if you had control over the drug’s location or you had the drugs in your personal possession. You cannot be convicted of drug possession or trafficking if you rented a vehicle in which drugs were hidden. The intent is what makes the charges possible.

Penalties for a Drug Trafficking Conviction

In general, federal law covers drug trafficking, while state law covers drug possession – though this is not always the case. It is possible to face federal possession charges and state trafficking charges. Federal punishments are also harsher than state laws, involving longer sentences.

Regardless, if you are convicted of a drug trafficking charge, you are likely to face long prison sentences. According this government report, the average sentence length for all drug traffickers is 72 months, and over 96% of drug trafficking offenders are sentenced to prison.

Even though nearly half of drug traffickers had no prior criminal history, they still had to serve long sentences. Depending on the severity of the charges, a life sentence may apply.

Mandatory minimum sentencing is common. You cannot be released on parole until the minimum time in prison has been served. A 10-year sentence, for example, may require a minimum of three years of prison time before parole.

Considerable fines are also attached to drug trafficking charges. State fines typically start at $25,000 and can exceed $100,000. Federal fines can exceed $10 million.

In some cases probation may be possible, but usually this only applies in a plea bargain. Stipulations attached to probation may include no more criminal activity, random drug tests, staying in the state unless permission is granted, and monitoring by a probation officer. Probation sentences are assigned for a minimum of one year and may last three years or longer.

It’s possible to receive reduced sentencing by offering assistance and information in the prosecution of other drug traffickers. You will need the expertise of a qualified attorney who has worked with cases like yours. Contact an experienced Chicago criminal attorney today for a free consultation where you can discuss the particulars of your case and the process in general.

Are you a member of or affiliated with a gang? If you are, you should know that you could be arrested for criminal activities that can be linked to your gang.

This is particularly important to be aware of right now, because law enforcement is currently cracking down and making huge busts in our city. Just last month, approximately 50 gang members we charged with drug and weapons trafficking. This resulted from a two-year investigation that was carried out by both local and federal law enforcement groups.

The group of gang members now face varying degrees of federal and state charges for their offences. At least 21 of these gang members have been charged with possession of a firearm by a felon, and more than 45 of them were arrested on state and federal charges that involve the possession and distribution of drugs and guns.

Depending on what they were charged with, each individual gang member may be facing a maximum jail sentence of 10 years. Things don’t look good for them, either, as apparently a mountain of evidence was confiscated – both drugs and firearms – to support the charges.

Despite this, their situation is not necessarily hopeless. A knowledgeable and experienced Chicago drug crimes attorney understands that there are all kinds of defense strategies that can be used for these types of cases depending on the specific circumstances. If you or a loved one has been arrested, or if you fear that you might get swept up in a bust due to your affiliation with a gang, the best thing you can do is talk with a lawyer immediately.

Below we’re going to go over some of the possible defenses that might be appropriate in your situation.

Defenses against Chicago Drug Trafficking Charges

With the federal government again taking a hard stance on drug crimes, and local law enforcement doing whatever they can to curb the epidemic that led to the most homicides here in a generation, it is more important than ever to work with someone who understands the law and the ways that you can fight back and protect yourself. In many cases, it may be possible to get your charges reduced. Sometimes, a skilled attorney can even have them dropped or dismissed.

Here are some of the most common defenses used to minimize penalties and avoid convictions for drug trafficking charges.

The defendant was in the wrong place at the wrong time

This may seem like one of the most cliché defense lines there is, but there’s a reason why it has been used so successfully. Simply put, if there is no proof that you are a member of a gang or you have strong ties to the gang, it may be argued that you were simply just at the wrong place at the wrong time. This means that you were ignorant of what was happening and therefore innocent of any charge that has been placed on you.

There was no legal warrant obtained to conduct a search

It is not legal for law enforcement officers to search your property without having a warrant, unless there is probable cause. If the search was conducted before a warrant was issued, it is considered illegal and any evidence found in that search can be rendered inadmissible. Without this evidence, your charges may get dropped.

The police did not have probable cause to conduct a search

Without a warrant, the police need to ensure that there is probable cause in order to conduct a search. What constitutes probable cause? That is a case that your lawyer can argue.

The defendant was unaware of the trafficking activities taking place

Even if you are a gang member or have strong ties to a gang, it does not mean that you will be made privy to all that goes on in the group. This is one of the arguments that a lawyer may use to reduce your charges or your punishment. This defense strategy is mostly used for lower-level gang members rather than those in charge.

There was no intent to traffic the drugs found

Getting charged for drug possession rather than distribution or trafficking does not often lead to penalties that are as severe. Depending on the quantity of drugs found, your lawyer may be able to turn this defense strategy into a winning argument.

Bottom line? Do not take these types of charges lightly. If you are facing a drug or gun charge, it is in your best interest to make sure that you get a Chicago criminal lawyer who can come up with the strongest possible defense strategy to give you the best chance at a positive outcome.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Of all criminal offenses – state or federal – drug trafficking cases have some of the longest jail sentences.

Just ask Deauntee Q. Mosby. The 24-year old Springfield man recently pled guilty to participating in a conspiracy to distribute 100 grams of heroin. Earlier this month, he was sentenced to 32 years in federal prison without parole.

What Happened to Send Mosby to Prison for More Than Three Decades?

The story begins when Mosby was stopped by Missouri police in 2013. The officers smelled marijuana in his car and proceeded to search the vehicle. What they found was even worse: a syringe of heroin, a scale, a firearm, and thousands of dollars in cash. In 2015, Mosby was stopped under similar circumstances. That time, they found 59.36 grams of heroin.

Someone doesn’t carry over 50 grams of heroin for personal use, and eventually Mosby was linked to six other individuals who were arrested together in Springfield. The heroin was bought in large quantities from Chicago and cities around Missouri, and other defendants in the case admitted that Mosby sold heroin to distributors throughout Missouri.

Mosby pled guilty in April 2016 and was the last of the seven defendants to be sentenced. He will most likely be behind bars until he is in his 50s.

State vs. Federal Drug Trafficking Cases

Three decades behind bars is quite a sentence, especially without the possibility of parole. That, however, is simply what consequences for drug crimes at the federal level are like. Unlike in Illinois, federal sentencing guidelines for drug trafficking include mandatory minimum sentences, and no federal charges come with the possibility of parole.

Additionally, Mosby not only had to contend with agencies like the Missouri State Highway Patrol and the Springfield Police Department, but also the Bureau of Alcohol, Tobacco, Firearms, and Explosives. In federal court, prosecutors, state police, and federal agencies (like the DEA, FBI, IRS, and so on) can submit evidence. When you have the FBI against you, you are fighting a very different fight than when you just have local or state officials against you.

It also certainly didn’t help his case that Mosby had multiple offenses, that weapons were present, or that he was found with a fairly high amount of drugs.

Why was Mosby charged at the federal level? Easy: he went over the Illinois border. Had he only been caught moving or selling drugs within our state, he most likely would have ended up in a state court, facing the sentencing guidelines and consequences of Illinois.

Even if Mosby had been charged in a state court, though, it’s hard to tell exactly what his sentence would look like. With everything he had going against him, it may have ended up being quite similar to the penalties he is going to serve.

Regardless of whether you face charges levied by our state or the federal government, the consequences for drug trafficking vary based on the type and weight of drug that is involved, as well as other factors like past convictions, the use of weapons, and resulting deadly harm from your actions.

Let’s look at Mosby’s case specifically. One hundred grams of heroin were distributed. Heroin is considered one of the most serious drugs, and is associated with the strictest and longest penalties.

By Illinois standards, Mosby would be facing a Class X felony, with a recommended 9-40 years in prison. Again, without federal agencies and a different judge, it’s hard to tell if Mosby would have gotten 32 years behind bars at the state level. In theory, he could have gotten an even longer sentence.

One difference that would have been in his favor at the state level? He would have had at least the possibility of being eligible for parole.

Charged With Drug Trafficking? You Need to Contact a Lawyer

Whether you are charged with drug trafficking at the state or federal level, the consequences are incredibly serious. Despite rumors to the contrary, the War on Drugs is still raging on – and with our new administration, it doesn’t look like it’s going to die off anytime soon.

That being said, there’s still hope. There are ways to defend against drug trafficking charges and get them reduced – or even dropped or dismissed altogether.

Let’s go back to the beginning of this blog post. Police only found evidence against Mosby when they smelled marijuana and searched his car. If, for example, Mosby had not consented to the search, the police had pulled him over without a proper reason, or the police were involved in any other unlawful activity, the searches (and the evidence from them) may have been struck from the case.

That isn’t to say that Mosby should have been found innocent, but this hypothetical example is just one way to show that no individual should give up hope after an arrest or charge. If you find yourself on the wrong side of the law, the best thing you can do to protect your rights and future is to contact an Illinois criminal defense lawyer as soon as possible.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Over 300 arrests were made earlier this month after the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations concluded a month-long investigation in the Midwest of convicted illegal aliens. Offenders have been arrested in Missouri, Wisconsin, Kentucky, Kansas, and Indiana, but the state of Illinois holds more offenders than any other state involved.

In our state alone, 107 people were arrested for violent and drug-related crimes. 47 of the offenders resided in the Chicago area. The offenders include citizens of 10 different countries, including Mexico, Poland, Senegal, and New Guinea.

Many of the offenders had previously been issued orders of deportation or violated previous deportation orders and illegally came back into the United States. They will be immediately removed from the country. The rest await a hearing before an ICE judge or will be removed from the country shortly.

When Can You Be Deported?

Unless you are an American citizen, committing a crime or violating the terms of your stay can qualify you for deportation. You are at risk even if you hold the status of a permanent resident, green card holder, or visa holder. If you are in the United States on a tourist visa, you can get deported for having a job. If you are in the United States on a student visa, you can get deported for not attending school full-time.

Additionally, if you are a non-citizen and commit any of the following crimes, you qualify for deportation:

• Aggravated felonies
• Domestic violence
• Crimes of moral turpitude
• Failure to advise the United States Citizenship and Immigration Services (USCIS) of a change in address (within 10 days)
• Marriage fraud
• Smuggling aliens into the country
• Document fraud
• False claim of citizenship
• Any drug-related violation (except possession of <30 grams of marijuana)

That’s right. Any drug-related violation other than having a small amount of marijuana can get you deported. And if you possess a small amount of marijuana with the intent to sell, that does qualify you for deportation. Oh, and one final thing: if you are found to be a drug abuser or addict, this is also grounds for deportation.

What Will Happen If I Qualify for Deportation?

If you have yet to enter the United States, you will be denied entry – also referred to as “expedited removal.” If you have a fear of persecution or danger back in your home country, you may be able to petition your claim to immigration officials and receive asylum. If you are an illegal alien, it may be best for you to voluntarily leave the country to avoid any legal issues or additions to your record.

If you believe you should remain in the United States, however, you do have the right to an attorney and to be heard in court. USCIS will have their own lawyer, and both attorneys may question you or a witness in front of a judge in order to prove to the judge that you should be allowed in the country or deported.

If a judge decides that an order of deportation is necessary, you can still fight by applying for an appeal. Once the time limit for an appeal is up, however, your order of removal will be finalized and you will be forced to leave the United States.

What If I Have Been Here a Long Time?

If you have a green card and have been convicted of a drug crime, there is a possibility that you can cancel your removal from the country. However, you must meet certain criteria. If you have been a resident of the United States for over seven years before you committed the crime, you can qualify for cancellation of removal. Immigration law is very strict about these timelines.

If you were convicted of an aggravated felony, which includes drug trafficking or sale, you cannot qualify for cancellation of removal.

Waiver of Inadmissibility

Not all hope is lost if you end up being deported, though. There is a way to have past crimes forgiven and permission to enter the country reinstated. You may apply for a waiver of inadmissibility. If granted, this waiver will forgive your crime and allow you back into the United States.

Unfortunately, drug crimes are usually viewed by immigration as unforgivable. There is only one exception. If you were convicted of possessing <30 grams of marijuana without intention to distribute, your crime can be waived and you may be let back into the United States.

As you can see, there are exceptions when it comes to deportation and immigration laws, but they’re not always obvious, and petitioning to stay in the United States is not always easy. To navigate the complicated world of immigration law and deportation procedures as they relate to drug crimes, contact an experienced Illinois drug crimes lawyer today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

According to authorities, a deadly batch of heroin has swept through the West Side of Chicago.

Recently there were 23 reported overdoses in Chicago within the same 24 hour period. After 72 hours, that number had jumped to 74.

Police say that many of the users allege that they obtained the heroin from the same two sources. Because of this, they suspect that a single batch is responsible for all of these drug overdoses.

Patients were rushed to the emergency room of Mt. Sinai, reportedly collapsing shortly after injecting the drug. The patients failed to respond to the standard treatment of Narcan, a drug that is used by emergency rooms to reverse the effects of an overdose. ER doctors had to double and triple the amount of Narcan in order to save the lives of many users.

Chicago Authorities Team Up With DEA to Tackle OD Epidemic

Following the rash of overdoses, two Chicago men have already been arrested and accused of manufacturing and distributing heroin. Currently, it’s not clear whether they were responsible for the batch responsible. Alfonzo Sylvester, 24, and 26-year-old Mario Wofford were arrested after selling heroin to an undercover police officer. Both men face felony charges.

Emergency responders aren’t sure if they’ve seen the last of the overdoses. “We don’t know if it’s the beginning, middle, or end of the surge,” a spokesman for the Chicago Fire Department told the Chicago Tribune.

Police report that multiple law enforcement agencies, including federal officials from the DEA, have teamed up to locate the source. Both men arrested have been tied to the Unknown Vice Lords gang through court records.

Powerful Drug Fentanyl May Be To Blame for Overdoses

Police have said that the source of the heroin may have laced the supply with a powerful painkiller called Fentanyl, and authorities believe police may have obtained a batch that contained traces of the potent narcotic.

Fentanyl is used for treat cancer and surgery patients. This powerful opioid is considered 100 times more powerful than morphine and up to 50 times more powerful than heroin alone. Fentanyl can prove fatal even in small doses.

A similar epidemic of overdoses was linked to the drug in 2006. Former Chicago Police Supt. Phil Cline noted the parallels in an interview. “Fentanyl was the first thing that popped into my mind,” he told the Chicago Sun-Times. “The craziest thing back then was that when other addicts heard people were overdosing, they ran to find the stuff right away because they wanted the most powerful high. They think other people’s tolerance is low and they can get that high without going over the edge. But they’re wrong.”

Law Enforcement Cracking Down on Chicago’s Heroin Problem

For Chicago law enforcement, the recent string of overdoses is only the latest development of a larger problem: heroin use has been on a steady rise in Cook County and beyond.

Across the US, heroin overdoses have quadrupled within the last decade. Between 2007 and 2013 alone, authorities report that use has doubled. Chicago has been hit hardest by the epidemic, many experts believe.

“We have the worst heroin problem in the nation in the Chicago area,” says David Cohen, a recovering heroin addict and counselor at Chicago’s Insight Behavioural Health treatment center, in an interview with The Economist.

If you have been caught up in the recent crackdown for a heroin-related crime, you should know that penalties are incredibly severe. For the best possible outcome, you need a strong defense – consult with an knowledgeable drug crimes attorney as soon as possible.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.