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Archive for the ‘possession of a controlled substance’ tag

What is Possession of a Controlled Substance in Illinois?

May 30th, 2018 at 5:10 pm

controlled substance, drug crimes, drug possession, possession of a controlled substance, Rolling Meadows defense attorneysPossession of a controlled substance is a serious drug crime in Illinois. The punishment for such a crime depends on the controlled substance in question and the amount of the substance that is found. Generally, the more of a substance a defendant has, the harsher the punishment can potentially be.

Most possession of a controlled substance crimes carry fines, probation, and jail or prison time. Ultimately, if you have been charged with this crime, it is imperative that you reach out to a skilled attorney for help immediately.

Controlled Substance

The first step in understanding possession of a controlled substance is being able to identify a controlled substance. Per 720 ILCS 570/102(f), a controlled substance is defined as a “drug, substance, immediate precursor, or synthetic drug.” The drugs included in this definition include heroin, cocaine, marijuana, methamphetamines, LSD, oxycodone, ketamine, ecstasy, and other controlled substances listed in Article II of 720 ILCS 570.

The controlled substances are broken into five different schedules. Schedule I drugs are those that are most likely to be abused. These include opiates, derivatives of opiates, and substances that are likely to induce hallucinations. Schedule V includes the least dangerous drugs. Contrary to Schedule I drugs, Schedule V drugs are those least likely to be abused.

Possession

The next step in understanding possession of a controlled substance is knowing what possession means. According to the Illinois Controlled Substances Act, it is unlawful for “any person to knowingly possess a controlled or counterfeit substance or controlled substance analog.” In general, to knowingly possess something requires that an individual must have knowledge of the controlled substance.

Circumstantial evidence can be enough to find that an individual knowingly possessed a controlled substance. For example, if a controlled substance is in a vehicle owned by the defendant, it is likely that he or she will be found to have knowingly possessed the controlled substance.

That being said, simply having a controlled substance in your possession is not enough to be convicted of a crime. In reality, you may not have been aware of the substance if it appeared in your car or your home; instead, it may have belonged to another party. Overall, if you are facing charges of drug possession, an experienced attorney can help mount an aggressive defense and ensure your rights are protected throughout each step of your case.

Contact an Attorney for Professional Help with Your Case

If you have been charged with possession of a controlled substance, you need an attorney with all of the tools to best represent you. At the Law Offices of Christopher M. Cosley, we combine years of experience with a passion for advocating for your rights. Our talented Rolling Meadows defense attorneys possess the requisite knowledge and skill to properly defend you. Contact us today to give you the best possible defense available to you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

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