Troy Drug Crime Lawyer

Drug Crime Attorney in Troy, IL

A drug crime charge is a serious offense. Even what can seem like a small amount can result in serious penalties that drastically and sometimes permanently affect your future. If you are being accused of a drug-related offense, a Troy drug crime lawyer can help you advocate for your future. A Troy criminal defense lawyer at The Law Office of Jessica Koester, LLC can help.

About The Law Office of Jessica Koester, LLC

Jessica Koester is an Edwardsville, Illinois, criminal defense attorney who only handles criminal defense cases and concentrates on defending people charged with serious state and federal crimes. Jessica’s dedication to federal criminal defense stemmed from witnessing innocent people wrongly accused and mistreated by the legal system. She quickly gained a reputation as an aggressive trial lawyer who would protect her clients’ rights.

Today, Jessica has decades of experience trying cases in both state and federal court. She continues to provide each of her clients with high-quality, personalized attention and aggressive representation. Her office is located near the Madison County Courthouse at 155 N Main St in Edwardsville. Clients in Troy and neighboring communities benefit from Jessica’s legal support.

Drug Crime Laws in Illinois

Most drug crime laws in Illinois can be found in two Illinois statutes known as the Illinois Controlled Substances Act and the Cannabis Regulation and Tax Act. These laws divide drugs into different schedules and assign penalties based on the drug type, amount, and nature of the alleged crime. Examples of controlled substances include:

• Methamphetamine
• Oxycodone
• Heroin
• Fentanyl
• Cocaine
• Prescription drugs

Even small quantities of these drugs can result in felony charges. Drug crimes can include possession of drugs, possession with intent to deliver, manufacturing drugs, or trafficking.

The schedule of the controlled substance will be a large determining factor in how your drug crime case is charged. Schedule I substances are seen by the Illinois General Assembly as having the highest potential for abuse and no accepted medical use. The penalties will decrease as the drug schedule goes down. However, a conviction for possession of any controlled substance is still serious and should be defended accordingly.

Common Drug Charges

In fiscal year 2023, there were 17,205 federal drug arrests made. This accounted for 19.4% of arrests that year. This was a 7.3% decrease from the previous year. Drug charges come in various forms. Even seemingly minor details like the amount of drugs or the presence of baggies can elevate a misdemeanor to a felony. Common drug charges include:

• Possession of a Controlled Substance
• Possession of a Controlled Substance with Intent To Deliver
• Drug Trafficking/Distribution
• Manufacturing Cannabis / Growing Marijuana
• Illegal Prescription Drug Charges

Often in drug crime cases, there are multiple charges. For example, if the police think that you have drugs with the intent to sell or distribute them to other people, the prosecutor will likely add possession with intent to deliver to your charges. To prove this, they will often use circumstantial evidence.

Fourth Amendment Violations

The Fourth Amendment is a powerful tool in any drug crime case. The Fourth Amendment protects you from unreasonable searches and seizures. Many drug cases begin with a traffic stop or a search of someone’s home. Police officers must adhere to certain rules when conducting traffic stops and searching homes.

Failing to follow these rules could cause issues with the admissibility of the drugs found in your possession. When police search your car without a warrant, the legality of the search is immediately in question. If they pull you over with no reasonable suspicion, then the traffic stop may be challenged.

When to Hire a Drug Crime Lawyer

The timing of events can make or break a drug crime defense. The sooner you hire a drug crime lawyer, the better chance you have to assess your case, know what evidence is being used against you, and decide how you want to proceed.

If you get involved as soon as possible, there may be issues you can bring up, such as illegal search and seizure or police not following protocol. The sooner these factors are brought up, the better and the more beneficial having a Troy drug crime attorney can be.

FAQs

Are All Drug Charges Felonies?

Some drug charges are felonies, while others are misdemeanors. However, most drug charges are felonies, particularly those involving possession or trafficking of cocaine, heroin, or methamphetamine. In Illinois, any amount of those substances is usually charged as a felony. Certain lower-level drug crimes, like possession of small amounts of cannabis, can be misdemeanors or even civil offenses.

What Drug Has the Most Arrests?

The drug that has the most arrests will depend on whether you are seeking information on a state or federal level. Additionally, these statistics change every year. Marijuana has historically been at the top of arrests made in the United States; however, with recent decriminalization laws, law enforcement has shifted to other drug regulations, particularly with opioids and fentanyl.

How Do I Beat a Possession Charge in Illinois?

Possession defense requires analysis of how the evidence was discovered and whether prosecutors can prove possession beyond a reasonable doubt. Factors like illegal search and seizure, lack of knowledge, or lack of evidence can become a defense against possession charges. Every situation is unique and relies heavily on the evidence and what occurred during the arrest.

What Is the Difference Between Possession and Intent to Deliver?

Possession charges mean that you had illegal drugs on you for personal use. The intent to deliver means that you’re being accused of possessing drugs with the intent to sell or distribute them. Prosecutors may use amount, packaging, scales, or cash to demonstrate intent to sell even if they don’t have evidence of an actual transaction.

Contact The Law Office of Jessica Koester, LLC Today

At The Law Office of Jessica Koester, LLC, we understand how serious being charged with a drug crime is. With decades of experience, we understand drug crime laws and can advocate for your future. Contact us today for a consultation and to begin advocating for your rights.