Wheaton Delivery of Controlled Substance Defense Attorney
Defending Your Constitutional Rights and Freedom
If you are charged with delivery of drugs in Illinois, you face the potential of a felony conviction, incarceration in state prison, mandatory minimum sentencing, hefty fines and other penalties. While many people assume drug trafficking involves manufacturing or selling controlled substances, you may be charged with the delivery of drugs based merely on the quantity of drugs in your possession.
Under Illinois drug laws, delivery means that you have a sufficient quantity of drugs to sell to others. The government can prove delivery without establishing an actual transaction with another individual. A delivery charge is often brought based on the amount of drugs in a person’s possession at the time of arrest. If you possess more than five grams of cocaine, for example, you may appear to have the intent to sell because this quantity is more than people would typically have for personal use. However, there are no precise specified amounts that trigger a delivery charge. A person can still be arrested for delivery with smaller amounts of drugs if other evidence exists, such as scales, plastic bags and labels.
If you are facing drug trafficking charges like manufacturing or delivery, you can face extremely severe penalties. Fortunately, Stephen A. Brundage, Attorney at Law, has the background of a former police officer and forensic evidence technician. I have a thorough understanding of law enforcement procedures, evidence collection/handling and criminal investigations. My experience in law enforcement means I know the most common blunders and constitutional violations committed by law enforcement officers. This background is augmented by my successful defense of many people charged with serious drug crimes. With over 25 years of experienced defending those facing serious prison time for drug offenses, I have provided aggressive and effective representation in thousands of criminal cases.
While the specific defenses applicable in your case will depending on the underlying circumstances and facts, some of the defenses that we might employ to seek a dismissal, acquittal or reduction in charges include:
- Search violated 4th Amendment right against unreasonable search and seizure;
- Improper procedures employed during the arrest;
- Location of the drugs;
- Lack of knowledge of existence or presence of the drugs;
- Other people committed the offense;
- Attacking veracity and reliability of witnesses;
- Entrapment; and
- Seeking exclusion of incriminating statements.
If you are charged with possession with intent to deliver, you face more serious penalties than for simple possession. A conviction of delivery of a controlled substance constitutes a Class X felony depending on the quantity, which is punishable by a minimum term in state prison of 6 to 30 years and a maximum term of 15 to 60 years depending on the quantity of the controlled substance at issue. Further, mandatory minimums apply depending on the specific facts of your case. In addition to substantial time in state prison, you also might be fined up to $500,000 or the full street value of the controlled substance involved in the offense if you are convicted of a Class X felony.
Contact a DuPage County Wheaton Drug Trafficking Attorney When you are facing the serious penalties associated with a charge of delivery of a controlled substance, possession with intent to deliver or manufacturing, you need every advantage on your side. My extensive experience in law enforcement and the criminal courts can tip the scales of justice in your favor. If you have been arrested for delivery of a controlled substance in Wheaton, DuPage County, or throughout Chicagoland, you should immediately assert your right to an attorney and avoid talking to the police. Contact Stephen A. Brundage today by calling (630) 260-9647.