Defending Possession with Intent to Deliver Defense Attorney in DuPage County, Illinois

Defending Possession with Intent to Deliver Charges in DuPage County, Illinois

Drug charges are taken extremely seriously in DuPage County, Illinois, especially those involving possession with intent to deliver a controlled substance. Located in the western suburbs of Chicago, DuPage County is a hub of activity, and its law enforcement agencies work aggressively to combat drug-related crimes. If you’re facing charges under 720 ILCS 570/401, the stakes are high, with severe penalties that can alter the course of your life. However, being accused is not the same as being convicted. With the right legal strategy and an experienced defense lawyer, you can fight back against these charges and protect your future.

At The Law Offices of David L. Freidberg, we are committed to defending individuals accused of drug offenses, including possession with intent to deliver. Our team has the knowledge and resources to challenge the prosecution’s case and seek the best possible outcome.

What is Possession with Intent to Deliver Under 720 ILCS 570/401?

Under Illinois law, possession with intent to deliver a controlled substance involves two key elements: knowingly possessing a controlled substance and having the intent to deliver, distribute, or sell it. The law is outlined in 720 ILCS 570/401, which covers a wide range of controlled substances, including heroin, cocaine, methamphetamine, marijuana, and prescription drugs. The statute also specifies penalties based on the type and quantity of the substance involved.

For example:

Possession with intent to deliver 15-100 grams of heroin is a Class X felony, punishable by 6 to 30 years in prison and fines up to $500,000.
For 200 grams or more of cocaine, the penalties increase, with mandatory sentences that can exceed 30 years.
Lesser amounts of drugs like marijuana may result in lower-level felony charges, but they still carry significant consequences.

The prosecution’s case typically hinges on proving the defendant’s intent to deliver. This can be inferred from evidence such as large quantities of drugs, packaging materials, scales, or communications suggesting drug transactions.

How Drug Cases Begin in DuPage County

Drug cases often start with investigations by law enforcement agencies, including the DuPage County Sheriff’s Office, local police departments, or federal agencies like the DEA. These investigations may involve:

Surveillance: Police may monitor individuals suspected of drug activity.
Confidential informants: Informants may provide information to law enforcement in exchange for leniency in their own cases.
Controlled buys: Undercover officers may attempt to purchase drugs from the suspect to build evidence.
Search warrants: Based on probable cause, law enforcement may execute warrants to search homes, vehicles, or electronic devices.

If law enforcement believes they have sufficient evidence, they will make an arrest and formally charge the individual. The legal process begins with an arraignment, where the charges are read, and the defendant enters a plea.

The Criminal Case Process and Penalties in Illinois

The criminal case process in Illinois involves several stages, each of which is critical to the defense. After the arraignment, the case moves into discovery, where both sides exchange evidence. Pre-trial motions may be filed to suppress evidence obtained through illegal searches or to dismiss charges altogether. If the case goes to trial, the prosecution must prove every element of the charge beyond a reasonable doubt.

Penalties for possession with intent to deliver are severe, particularly for larger quantities of drugs. Class X felonies, which are common in these cases, carry mandatory prison sentences without the possibility of probation. Fines can also be substantial, often tied to the street value of the drugs involved. Beyond the immediate penalties, a conviction can have long-term consequences, including a permanent criminal record, loss of employment opportunities, and restrictions on housing and education.

Why Legal Representation is Critical

Facing possession with intent to deliver charges without a defense lawyer leaves you vulnerable to the full force of Illinois’ strict drug laws. A skilled attorney can:

Challenge the evidence: By questioning the legality of the search, the chain of custody, or the credibility of witnesses, your lawyer can weaken the prosecution’s case.
Negotiate with prosecutors: In some cases, charges can be reduced or dismissed through effective plea negotiations.
Present alternative explanations: Your lawyer can argue that the drugs were for personal use or that you were unaware of their presence.

At The Law Offices of David L. Freidberg, we are dedicated to protecting our clients’ rights and achieving the best possible outcome for their cases.

Why You Should Choose The Law Offices of David L. Freidberg

Facing charges for the possession with the intent to deliver a controlled substance is one of the most serious challenges you can face. The consequences are severe, but with the right defense, it’s possible to protect your rights and secure a better outcome.

We provide personalized attention, aggressive defense strategies, and a commitment to achieving the best possible results. Our team is available 24/7 to answer your questions and provide guidance through every step of the legal process. The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a drug crime in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.