Drug Crimes Attorney Serving Chicago’s West Suburbs

Facing drug charges is a serious legal challenge. The consequences associated with drug-related crimes can be significant. Additionally, Chicago has cracked down on drug-related offenses due to the influx of drugs from Mexico, per Chicago Police and Department of Justice information. 

At the Mockaitis Law Group, we take drug charges seriously. We believe in keeping the community of Chicago’s West Suburbs safe. But we also believe in protecting our clients’ right to a fair defense. From our Oswego, Illinois, office, we proudly serve people residing in areas such as Kendall County, Kane County, DuPage County, Grundy County, and DeKalb County. Contact us today for guidance.  

Federal Drug Crimes 

Federal drug crimes are criminal offenses that involve the manufacture, distribution, sale, or possession of illegal drugs or controlled substances, such as heroin, cocaine, methamphetamine, and marijuana. These crimes are prosecuted under federal law, which is enforced by various federal agencies, including the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and the Department of Justice (DOJ).  

Drug Trafficking 

Drug trafficking involves distributing or selling illegal drugs, often in large quantities. This crime can result in significant prison time and fines. 

Drug Possession With Intent to Distribute 

This crime involves possessing illegal drugs while intending to sell or distribute them. This charge can also result in significant prison time and fines. 

Manufacturing of Drugs  

This charge involves the production of illegal drugs, including the cultivation of marijuana and the production of methamphetamine or other drugs in a clandestine lab. This crime can also result in significant prison time and fines. 

Drug Conspiracy 

A drug conspiracy involves a group working together to commit a drug-related offense. Even if an individual did not personally commit a drug-related offense, they could be charged with drug conspiracy if they were involved in the planning or execution of the crime. 

Drug Charges in Illinois 

In Illinois, drug charges can range from simple possession to drug trafficking and distribution. The severity of the charges depends on the type and quantity of drug involved, as well as the defendant’s criminal history. The following situations constitute drug-related charges in Illinois: 

• Possession of a Controlled Substance. Also known as drug possession, this crime involves possessing a controlled substance without a valid prescription. The charge’s severity depends on the drug’s schedule and the drug’s possession amount. 

• Possession With Intent to Deliver. This charge involves possessing a controlled substance and intending to distribute or sell it. The severity of the charge depends on the schedule of the drug involved, the amount of the drug in possession, and other factors such as the presence of scales or packaging materials. 

• Drug Trafficking. This charge involves distributing or selling illegal drugs, often in large quantities. The severity of the charge depends on the type and quantity of drug involved, as well as the defendant’s criminal history. Drug trafficking charges can be separated into selling and distribution depending on the specific circumstances. For instance, an individual caught transporting drugs may be charged with distribution but not sale. 

Drug Schedules in Illinois 

In Illinois, controlled substances are classified into five different “schedules” based on their potential for abuse and accepted medical use. These schedules are determined by the Illinois Controlled Substances Act and are similar to those established under federal law. 

• Schedule I. This schedule includes drugs with a high potential for abuse and no accepted medical use, such as heroin, LSD, marijuana (cannabis), and MDMA. 

• Schedule II. This schedule includes drugs with a high potential for abuse and currently accepted medical use, such as cocaine, methamphetamine, and prescription opioids like oxycodone. 

• Schedule III. This schedule includes drugs with a lower potential for abuse than Schedule I or II drugs but still have a moderate to low risk of physical or psychological dependence, such as anabolic steroids, ketamine, and some prescription drugs like codeine. 

• Schedule IV. This schedule includes drugs with a lower potential for abuse than Schedule III drugs, with limited risk of physical or psychological dependence, such as benzodiazepines like Xanax and Valium. 

• Schedule V. This schedule includes drugs with a low potential for abuse and limited risk of physical or psychological dependence, such as cough syrups containing codeine. 

Possible Penalties for Drug Charges in Illinois 

The possible penalties for federal drug crimes can be severe and often include mandatory minimum sentences, fines, forfeiture of assets, and supervised release. The severity of the penalty depends on the type and quantity of drug involved, as well as the defendant’s criminal history. 

It is important to note that drug convictions in Illinois can also result in other long-term consequences, such as difficulty finding employment, housing, or educational opportunities. Individuals facing drug charges in Illinois should consult a criminal defense attorney who can help clarify the potential penalties and develop a strong defense strategy. 

• Simple Drug Possession. Possession of a controlled substance in Illinois can result in misdemeanor or felony charges, depending on the type and quantity of drug involved. A misdemeanor charge may result in up to one year in jail and a fine of up to $2,500. A felony charge may result in up to three years in prison and a fine of up to $25,000. 

• Possession With Intent to Deliver. This charge involves possessing a controlled substance with the intent to distribute it. The penalties for this offense can vary depending on the type and quantity of drug involved and may result in up to 60 years in prison and fines of up to $500,000. 

• Drug Trafficking. This charge involves the distribution or sale of illegal drugs. The penalties for drug trafficking depend on the type and quantity of drug involved and other factors. For example, trafficking in more than 15 grams of cocaine may result in a mandatory minimum sentence of 6 years in prison and fines of up to $400,000. 

• Manufacturing or Cultivating Drugs. This charge involves producing or cultivating illegal drugs, such as methamphetamine or marijuana. The penalties for this offense can vary depending on the type and quantity of drug involved and may result in up to 30 years in prison and fines of up to $500,000.