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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Possession of Controlled Substance with Intent to Deliver
Charged with Possession of a Controlled Substance with Intent to Deliver in Chicago? Andrew M. Weisberg Can Defend Your Rights
Possession of a controlled substance with intent to deliver is one of the most serious drug-related charges in Illinois, carrying severe penalties, including long-term imprisonment, hefty fines, and a permanent criminal record. If you are facing charges of possession of a controlled substance with intent to deliver in Chicago, the stakes are high, and it is crucial to have an experienced and aggressive defense attorney like Andrew M. Weisberg on your side to protect your rights and fight for the best possible outcome.
Understanding Possession of a Controlled Substance with Intent to Deliver in Illinois
Under Illinois law, specifically 720 ILCS 570/401, possession of a controlled substance with intent to deliver involves not only possessing an illegal drug but also having the intent to distribute, sell, or deliver that drug to others. The law distinguishes this offense from simple possession due to the added element of intent to distribute, which significantly increases the severity of the charge and the associated penalties.
Key elements of this crime include:
Quantity of the Controlled Substance: The amount of the controlled substance in your possession is a critical factor in determining whether the charge is for simple possession or possession with intent to deliver. Larger quantities often lead to the assumption of intent to deliver.
Evidence of Intent: The prosecution must prove that you intended to distribute the controlled substance. This intent can be inferred from various factors, including the presence of scales, packaging materials, large amounts of cash, ledgers, or communications suggesting drug sales.
Knowledge and Control: You must have knowingly possessed the controlled substance and had control over it.
Penalties for Possession of a Controlled Substance with Intent to Deliver in Chicago
The penalties for possession of a controlled substance with intent to deliver in Illinois depend on the type and amount of the drug involved, as well as your prior criminal history:
Less than 1 Gram of Heroin or Cocaine: Charged as a Class 2 felony, with penalties including a prison sentence of 3 to 7 years and fines of up to $200,000 or the street value of the drugs, whichever is greater.
1 to 15 Grams of Heroin or Cocaine: Charged as a Class 1 felony, carrying a potential prison sentence of 4 to 15 years and similar fines.
More than 15 Grams of Heroin or Cocaine: Charged as a Class X felony, the most serious type of felony, with a potential prison sentence of 6 to 30 years without the possibility of probation and substantial fines.
Possession of Prescription Drugs: If you possess prescription medications such as opioids or benzodiazepines with intent to deliver without a valid prescription, you may face similar felony charges depending on the quantity and type of drug.
In addition to these penalties, a conviction can lead to mandatory drug education or rehabilitation programs, forfeiture of property, and other court-imposed sanctions.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
Andrew M. Weisberg is a seasoned criminal defense attorney with extensive experience handling serious drug-related cases, including charges of possession of a controlled substance with intent to deliver. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.
When you choose Andrew as your defense attorney, you benefit from:
Comprehensive Legal Knowledge: Andrew’s thorough understanding of Illinois drug laws ensures that your case will be handled with the utmost competence and care.
Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.
Defending Against Charges of Possession of a Controlled Substance with Intent to Deliver in Chicago
Successfully defending against charges of possession of a controlled substance with intent to deliver requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing every piece of evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:
Lack of Intent: The prosecution must prove that you intended to deliver or distribute the controlled substance. If there is doubt about your intent, this could be a significant defense.
Unlawful Search or Seizure: If your rights were violated during the investigation, arrest, or search—such as through an unlawful search and seizure—Andrew may be able to have key evidence suppressed, weakening the prosecution’s case.
Mistaken Identity: If you were wrongly identified as the person in possession of the controlled substance, Andrew will work to uncover evidence that points to your innocence.
Challenging the Quantity: The amount of the substance allegedly in your possession can impact the severity of the charges. Andrew may challenge the prosecution’s claims about the quantity involved.
Andrew will work tirelessly to build a strong defense, aiming to reduce the charges, negotiate a favorable plea, or secure an acquittal.
The Importance of Early Legal Intervention
If you have been charged with possession of a controlled substance with intent to deliver, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.
Andrew M. Weisberg: Committed to Your Defense
Facing charges of possession of a controlled substance with intent to deliver can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.
Contact the Law Offices of Andrew M. Weisberg Today
If you have been arrested or charged with possession of a controlled substance with intent to deliver in Chicago, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.
Contact Andrew today for a free, confidential consultation:
Phone: Call (773) 908-9811 anytime, day or night.
Online: Fill out the Case Review form on our website, and we will get back to you promptly.
Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.
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