Fairview Heights Drug Crime Lawyer

Drug Crime Attorney in Fairview Heights, IL

Drug charges can spiral out of control faster than you may realize. What started as a routine stop can turn into something much more dramatic. When you are charged with a drug crime, a Fairview Heights drug crime lawyer becomes a necessity. If you’re searching for a Fairview Heights criminal defense lawyer, that likely means you’re up against charges that involve difficult laws, tough law enforcement, and serious potential punishments.

About The Law Office of Jessica Koester, LLC

Jessica Koester is a locally owned criminal defense firm in Edwardsville, Illinois, serving clients throughout Fairview Heights who have been charged with serious state and federal crimes. Jessica’s passion for federal criminal defense ignited after seeing how unfairly some defendants were treated. She has developed a reputation as an aggressive trial lawyer with decades of experience and thousands of hours in the trial court.

Our firm offers high-quality, personalized service to every client, and our office is located near the Madison County Courthouse at 155 N Main St in Edwardsville. Our legal team is responsive and dedicated to helping clients throughout the Fairview Heights area.

Drug Crime Laws in Fairview Heights, Illinois

Illinois has harsh drug crime laws that penalize you based on the type of drug you are accused of possessing, the amount in your possession, and your alleged intent. These drug crime laws apply to anyone in Fairview Heights and throughout Illinois. Some cases may even be prosecuted as federal cases.

Drug crimes are penalized by the type of controlled substance you allegedly possessed. Controlled substances are broken up into different categories called schedules. Schedule I substances are the most serious as they are considered to have the highest potential for abuse and the least accepted medical use. The penalties get less as the schedule increases.

However, this does not mean that a charge for a lower-level drug is insignificant. There are multiple different drug crimes that you could be accused of, including:

• Possession of a controlled substance, typically for personal use
• Possession with intent to deliver, meaning that you were allegedly going to sell or deliver the drugs to someone else
• Drug trafficking, which involves transporting drugs or selling them from one place to another. This often includes transporting drugs across state lines.
• Drug manufacturing or cultivation, which is the production of a controlled substance
• Drug conspiracy, which is when you and another person or persons agree to commit a drug crime

Certain details, like how the drugs were packaged or what else was in your possession, can change how your charges are filed.

Penalties of Drug Crimes

Methamphetamine accounted for 7,381 of the 25,110 arrests made by the Drug Enforcement Administration in fiscal year 2023. Other opioids, including fentanyl, came in second with 6,688 arrests.

After being convicted of a drug crime, you may face prison time and have to pay fines. However, there are long-term effects for drug crimes that can affect you for years to come.

You may have difficulty finding a job. You could lose your professional license. You may even have trouble finding somewhere to live. All of your relationships can be affected by a drug conviction. For some, drug crimes can impact immigration status or public benefits. However, penalties vary depending on a number of factors. Some of these include:

• Type of drug
• Amount of drug in your possession
• Criminal history
• Proximity to a school or other protected area
• Enhancements for weapon allegations or violence

With so many different factors going into how a drug crime case is charged and sentenced, two similar cases can result in vastly different outcomes.

The Fourth Amendment and Drug Crimes

The Fourth Amendment to the United States Constitution prevents unreasonable searches and seizures by law enforcement. This amendment is one of the most important parts of a drug crime case.

The majority of drug cases begin with a traffic stop, a search of a person’s home, or another interaction with police. When the police stop you for a traffic violation or come into your home to search for drugs, they must abide by the rules. When they don’t, it can call into question the evidence they find. Some examples of Fourth Amendment violations include:

• Traffic stops without probable cause
• Searches without a warrant or your permission
• Arrests made without probable cause

Fourth Amendment violations are some of the most common defenses in a drug crime case. A Fairview Heights drug crime attorney can assist you in your defense.

FAQs

What Are the Drug Laws in Illinois?

Illinois law differentiates drug offenses primarily based on the specific substance, which is categorized by its schedule. Charges also hinge on how much of the substance was supposedly held and whether it was for personal use or sale. Drug offenses can range from misdemeanors to severe felonies. Trafficking or manufacturing drugs, as well as committing drug crimes near schools or other protected areas, may lead to harsher penalties.

What Is the Difference Between Federal and State Drug Charges?

State drug charges are brought under Illinois law and prosecuted in state court. Federal drug charges involve the illegal use or distribution of controlled substances under federal law and will be tried in federal court. Cases with large drug amounts, travel across state lines, or federal involvement usually result in federal prosecution. Federal charges have harsher penalties. Federal sentencing tends to be less forgiving, with mandatory minimums frequently applied.

How Many Grams Is a Felony in Illinois?

Possession of certain drugs, even in very small amounts, can lead to felony charges in Illinois. For instance, possession of heroin, cocaine, or methamphetamine of less than 15 grams is generally a felony charge. Felony charges and penalties become harsher as the amount of drugs possessed increases, particularly when there is believed to be intent to distribute instead of personal use.

Is Possession of a Controlled Substance a Misdemeanor in Illinois?

Possession of a controlled substance will usually be charged as a felony in the state of Illinois, as opposed to a misdemeanor charge. Possession of cannabis could be the exception to this. Possession of cocaine, heroin, or methamphetamine will most likely result in felony charges even if only minor amounts are involved.

Hire a Drug Crime Lawyer

If you have been charged with a drug crime, The Law Office of Jessica Koester, LLC can assist you in the upcoming legal battle. We can advocate for your rights and future. Hire a drug crime lawyer by contacting us today.