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Chicago Drug Crime Defense Attorneys

Drug Charges Don't Have to Mean Prison Time

Illinois drug penalties are harsh, but police and prosecutors make mistakes. We find them. From simple possession to federal trafficking, we fight for the best possible outcome.

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Understanding Drug Crime Defense

Drug charges in Illinois can range from minor misdemeanors to serious felonies carrying decades in prison. The penalties depend on the type of drug, the amount, and whether there's evidence of intent to distribute. But every drug case has potential weaknesses—illegal searches, unreliable informants, lab errors. Our job is to find them and exploit them.

Drug Crime Defense Charges We Handle

Cannabis Possession

varies

Over the legal limit of 30g

Cocaine Possession

felony

Any amount is a felony in Illinois

Heroin/Opioid Charges

felony

Possession, delivery, or trafficking

Methamphetamine

felony

Manufacturing, possession, or distribution

Prescription Fraud

felony

Obtaining controlled substances illegally

Drug Trafficking

felony

Large-scale distribution charges

Possession with Intent

felony

Evidence of intent to deliver

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Illinois Drug Crime Defense Penalties

These are the potential consequences you face. We fight to reduce or eliminate them.

Cannabis Possession (30-100g)

Jail/Prison:Up to 1 year
Fines:Up to $2,500
Class A Misdemeanor
Drug evaluation required
Possible diversion programs

Cocaine Possession (Under 1g)

Jail/Prison:1-3 years (probation eligible)
Fines:Up to $25,000
Class 4 Felony
Mandatory drug assessment
Felony record

Drug Trafficking

Jail/Prison:6-30+ years
Fines:Up to $500,000
Class X Felony
No probation available
Asset forfeiture

Common Defense Strategies

Every case has potential defenses. Here's how we challenge drug crime defense charges.

Illegal Search & Seizure

The 4th Amendment protects you from unreasonable searches. If police violated your rights, the evidence may be thrown out.

Lack of Knowledge

You can't be convicted if you didn't know the drugs were there. This is especially relevant in vehicle or shared residence cases.

Constructive Possession

Just because drugs were found near you doesn't mean you possessed them. Proximity alone isn't proof of possession.

Entrapment

If law enforcement induced you to commit a crime you wouldn't otherwise commit, this can be a complete defense.

Lab Testing Errors

The substances must be properly tested and identified. Chain of custody issues or lab errors can undermine the prosecution.

Confidential Informant Issues

CI testimony is often unreliable. We investigate informant credibility and motivations.

These are just starting points. Your specific case may have unique defense opportunities.

Discuss Your Defense Options
Video Guide

Understanding Drug Crime Defense in Illinois

Watch Attorney Castellano explain drug crime defense charges, potential penalties, and how we build winning defense strategies.

  • What prosecutors must prove
  • Common weaknesses in these cases
  • What to expect in your case
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HeyGen AI Video3:45

Illinois Law: Key Statutes

720 ILCS 570/401

Illinois Controlled Substances Act - manufacturing and delivery offenses.

720 ILCS 570/402

Possession of controlled substances penalties.

720 ILCS 550/4-5

Cannabis Control Act - possession and delivery.

This is general information only. Consult with an attorney about how these laws apply to your specific case.

Drug Crime Defense Case Results

Real results for clients facing similar charges. Every case is different, but these outcomes show what's possible.

DISMISSED

Possession with Intent (Cocaine)

Evidence suppressed due to illegal traffic stop

REDUCED

Cannabis Trafficking

Felony reduced to misdemeanor, probation only

DIVERTED

Heroin Possession

Client completed drug court, charges dismissed

View All Case Results

Frequently Asked Questions: Drug Crime Defense

What's the difference between possession and possession with intent?
Simple possession means having drugs for personal use. Possession with intent to deliver is a much more serious charge that prosecutors bring when they believe you planned to sell or distribute. They look at factors like quantity, packaging, scales, large amounts of cash, and multiple phones.
Can drug charges be expunged in Illinois?
Some drug convictions can be sealed or expunged, particularly first-time offenses and cases that resulted in probation. Cannabis offenses under 30g are now often eligible. However, many felony drug convictions cannot be expunged, which is why fighting the charges aggressively is crucial.
What is Illinois' First Offender Program?
Under 720 ILCS 570/410, first-time drug offenders may qualify for probation that, upon successful completion, results in the charges being dismissed and eligible for expungement. This is commonly called "410 probation" and can be a powerful option for eligible defendants.
How do school zone enhancements work?
Drug offenses committed within 1,000 feet of a school, public park, or public housing can result in enhanced penalties—often doubling the potential sentence. We investigate the exact distance and challenge these enhancements when possible.
Can police search my car without a warrant?
Police can search your car without a warrant if they have probable cause or you consent. However, they cannot search without reason. We carefully analyze the circumstances of your stop and search to identify any constitutional violations.

Related Practice Areas

Weapons ChargesFederal CrimesView All Practice Areas →

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