DuPage County Man Pleads Guilty to Felony Drug Possession

 Posted on October 24, 2024 in Drug Charges

Recently, a 41-year-old DuPage County man pled guilty to Class X felony drug possession of methamphetamine, between 100 and 400 grams. The man was a passenger in a car that was pulled over during a traffic stop. During the traffic stop, police searched the vehicle and found a suitcase with 226 grams of methamphetamine and 16 grams of cocaine. Due to the volume of methamphetamine and the fact that the cocaine was in three separate packages, the man was initially charged with drug trafficking.

Trafficking charges were dropped during a plea agreement, and the sentence was eight years in the Illinois Department of Corrections for drug possession. Drug possession can be a misdemeanor or felony, depending on the volume of drugs in the possession of the defendant. Large volumes of drugs may trigger trafficking charges as well. If you have been charged with drug possession or drug trafficking, it is beneficial to speak to an experienced Naperville, IL, criminal defense lawyer from Appelman Law LLC.

What Are Drug Possession Charges?

Possession of a drug must be a voluntary act in which a person knowingly procured or received the drug or had control of the drug. Drug possession is usually charged as a felony under Illinois law and can be charged as mere possession or possession with intent to distribute (trafficking).

Trafficking carries harsher penalties than mere possession. The schedule of the controlled substance(s) and the amount of the substance(s) in your possession will determine the exact charges and penalties in the event of a conviction.

"Low-level" drug possession, such as one gram of heroin or cocaine, can lead to Class 4 felony charges, while possession of a small amount of a Schedule III drug, like anabolic steroids, can lead to a Class C misdemeanor charge. A large volume of a Schedule I drug, like LSD, cocaine, or heroin, could lead to Class 1 felony charges.  

What Are the Penalties for Drug Possession?

Below are just a few of the penalties you could face for possession of morphine, cocaine, or heroin.

• If you are convicted of possession of 15 grams or more of morphine, cocaine, or heroin but less than 100 grams, you could spend from four to 15 years in prison and face fines as large as $200,00.

• If you are convicted of possession of 100 grams or more of morphine, cocaine, or heroin but less than 400 grams, you could spend from six to 30 years in prison and face fines as large as $200,000.

• If you are convicted of possession of 400 grams or more of cocaine or heroin but less than 900 grams, you could spend from eight to 40 years in prison and face fines as large as $200,000.

There are many more possible penalties for drug possession, which are dependent on the type and amount of the drug. Your criminal defense attorney can help you determine the potential penalties for your specific charges and whether a plea deal is in your best interests. Methamphetamine possession penalties can be found here.

What Are Some Common Defenses for Drug Possession?

Your specific circumstances will determine the defense your attorney uses on your behalf. Some of the more common defenses for drug possession include:

• The search and seizure of the drugs was unlawful.

• The drugs are not yours.

• The substance was not a controlled substance.

• You qualify for a medical marijuana exception.

• You had no knowledge that the drugs were in your home, your car, or on your person.

• There is a chain of custody issue.

• The police made errors during your arrest or violated your Constitutional rights.

Contact a DuPage County, IL Drug Crimes Defense Lawyer

Drug possession and drug trafficking charges are extremely serious and require an equally serious, knowledgeable Naperville, IL drug possession attorney. When you choose Appelman Law LLC, you have chosen a firm deeply committed to providing each client with the best legal defense possible. Attorney Brett Appelman has a master’s degree in forensic psychology. A felony conviction can impact your life and your future for a very long time. Call Appelman Law LLC at 630-717-7801 today to schedule a free initial consultation where we will assess your charges and answer your questions.