St. Charles, IL Drug Possession Attorney

Trusted Drug Possession Defense Lawyers Advocating for Clients in St. Charles, Illinois

Criminal charges related to controlled substances should be taken seriously, since convictions can lead to serious penalties. While drug possession may seem like a minor offense, especially when compared to more serious offenses like drug manufacturing or drug trafficking, these cases will often involve felony charges. People who are accused of possessing substances such as heroin, cocaine, fentanyl, LSD, MDMA, or methamphetamine may face steep fines, prison sentences, and other consequences.

A single drug possession charge may threaten a person's professional license and affect their housing opportunities and access to educational opportunities. It is crucial for those who have been accused of these offenses to take swift action to protect their rights.

The experienced, innovative, and tenacious attorneys at Ramsell & Kunowski, L.L.C. understand the issues that may affect people who have been charged with drug crimes. Since 1986, our firm has represented clients in over 20,000 criminal cases, including high-stakes matters involving well-known professionals, public figures, and high-profile defendants. We approach every case with meticulous preparation, and we build strategic defenses to help our clients minimize the impact of these charges.

Illinois Drug Possession Charges

Under the Illinois Controlled Substances Act, the severity of a drug possession charge will depend on the specific substances and the amounts a person allegedly possessed. Class 1 felony charges will usually apply in cases involving at least 15 grams of heroin, cocaine, morphine, LSD, or other substances. Sentences can range from four years all the way up to 40 years in cases involving large amounts of drugs. Possession of at least 100 grams of narcotics can also lead to fines of up to $200,000.

Possession of smaller amounts of drugs may lead to Class 4 felony charges, and in these cases, a conviction may lead to a prison sentence lasting from one to three years. In these cases, the maximum fine is $25,000.

Methamphetamine possession is addressed under the Methamphetamine Control and Community Protection Act. Possession of less than five grams of meth can lead to Class 3 felony charges, with penalties that may include a prison sentence of two to five years. Penalties increase for higher amounts of methamphetamine, with the most severe charge being a Class X felony with a maximum sentence of 50 years and a maximum fine of $300,000 for possession of 900+ grams.

Aggravating Factors in Drug Possession Cases

A number of factors can elevate the seriousness of a drug possession charge:

• Amount of the controlled substance: Larger quantities will typically lead to more serious charges with enhanced penalties. In some cases, a person may be charged with possession with intent to distribute, causing a possession charge to be elevated to a more serious charge of drug distribution.
• Prior convictions: A criminal history of drug-related offenses or violent crimes may lead prosecutors to pursue more severe penalties.
• Possession of drug paraphernalia: The presence of items such as scales, baggies, or syringes may suggest intent to distribute.
• Presence of firearms: Possession of a firearm in conjunction with a drug possession offense can lead to additional weapons charges.

Our attorneys understand how these aggravating factors are used by prosecutors, and we know how to challenge them effectively.

Common Defenses to Drug Possession Allegations

At Ramsell & Kunowski, L.L.C., we help our clients understand their options for defending against charges of drug possession and other drug crimes. We can address issues such as::

• Unlawful Search and Seizure: Violations of a person's Fourth Amendment rights may lead to evidence being suppressed. If police officers found drugs after performing an illegal traffic stop or conducting a search without a valid warrant, we will work to ensure that the evidence they seized will be excluded from a criminal trial.
• Possession vs. Constructive Possession: Prosecutors must prove that a person intentionally and knowingly possessed a controlled substance. If drugs were found in a shared home, our attorneys may be able to show that our client did not have any knowledge of the substance.
• Lab Testing Errors: Substances may be tested by law enforcement, but chain-of-custody issues or inaccurate testing procedures may raise questions about the validity of evidence.

Drug Court and Alternative Sentencing Options

For certain defendants, including those who are facing charges for the first time or who are struggling with drug addiction, alternative sentencing programs may be available. Drug court and treatment programs may allow a criminal case to be resolved without the need for incarceration. First-offender probation may also be an option, and if all terms of probation are completed successfully, a person may be able to avoid a conviction. Our attorneys can help clients determine whether they qualify for diversion programs, and we will advocate for alternative sentences when appropriate.

Contact Our St. Charles, Illinois Drug Possession Defense Lawyers

At Ramsell & Kunowski, L.L.C., we provide our clients with decades of criminal defense experience, and we have a track record of success in cases involving drug crimes and other offenses. Contact our St. Charles drug possession attorneys today at 630-786-6062 to schedule a free consultation and begin building your defense.