Drug offenses, including simple possession and possession with the intent to deliver, are some of the most commonly prosecuted crimes. While society’s attitude towards marijuana is changing, that is not the case for other drugs. And even certain marijuana offenses are still taken very seriously. If you are facing drug charges, you need a Waukegan drug crime lawyer who is ready to challenge the government’s case against you.
At The Jordan Law Firm, Waukegan drug crime attorney Anisa Jordan represents clients faced with some of the most serious drug charges. Whether she is arguing to keep evidence out of trial, negotiating with prosecutors to drop charges, or litigating your case in front of a jury, Anisa Jordan has what it takes to successfully handle even the toughest drug cases.
Drug Crime Penalties
With few exceptions, all Illinois drug offenses are felonies. A felony drug conviction can impact the rest of your life, so it’s important to take the situation seriously. State law provides for varying penalties based on the type and amount of drugs allegedly found in your possession. For example, possession of any amount of a Class I or Class II narcotic, including heroin, cocaine, or methamphetamine, is a Class 4 felony. This is punishable by up to three years in jail and a fine of $25,000. If you had more than 15 grams of the substance, the maximum penalty increases to 15 years.
In many Waukegan drug cases, the question comes down to whether you possessed the drugs for personal use or with the intent to sell or distribute them. This, too, can have a significant impact on the penalty you face. For example, possession of 15 or more grams of a Class I or Class II narcotic with the intent to distribute carries a penalty of six to 30 years incarceration and a fine of up to $500,000.
Ways to Beat a Waukegan Drug Charge
If the state charges you with a drug crime, it is important to speak with an experienced Waukegan drug crime defense lawyer immediately. Like all crimes, there are several drug charge defenses that can either reduce your penalties or result in an acquittal. Two of the most common defenses include arguing against introducing the drugs into evidence and negating the prosecution’s claim that you possessed the drugs.
Motions to Suppress
A motion to suppress is a pre-trial motion where you ask the court to exclude certain evidence from trial. In a drug case, you can seek suppression of the drugs, money that police found on you, or drug paraphernalia. To suppress evidence, you would argue that law enforcement violated your rights when stopping or searching you. For example, if police stopped you on the street for no apparent reason, anything they recovered through the search would not be admissible at trial.
Another defense to Waukegan drug crimes is to argue that you did not actually possess the drugs. To prove guilt of a drug crime, the prosecution must show that you “possessed” the drugs in question. In this context, the term “possession” refers to actual or constructive possession. Actual possession is when you have the drugs in your immediate physical control. Constructive possession refers to a situation in which, although the drugs were not on you, you still had the ability and intent to exercise control over them.
So if police found drugs in your pocket, it is safe to say you actually possessed them. In this case, the defense of constructive possession would not apply. However, if the drugs were found in a vehicle, a stash location, or a home, it may be harder for the prosecution to prove that you possessed them. In this case, the prosecution must show that you constructively possessed or had control over the drugs. An experienced Waukegan drug crime attorney can help you develop a compelling defense to possession.
Contact an Experienced Waukegan Drug Crime Defense Attorney
If you face drug charges in Waukegan, reach out to The Jordan Law Firm for immediate assistance. As a former prosecutor, Waukegan drug crime defense lawyer Jordan understands how the government prosecutes drug crimes. This gives her great insight into how to effectively defend against them. She has extensive experience fighting drug cases at every stage of the process, whether litigating a motion to suppress, negotiating with prosecutors, or arguing your case in front of a jury.
Our experienced legal practitioner also handles other types of cases, including:
- Criminal Defense
- DUI Defense
- Traffic Violations
- DCFS Appeals
- Record Expungement & Sealing
- Assault & Battery
- Driver’s License Suspension and Revocation
- Identity Theft Defense
- Gun Crimes
To learn more about Waukegan drug crime defense attorney Jordan and how she can help you defend against the charges you face, give her a call or connect with her through the firm’s online contact form.