DRUGS

Most drug cases fall under the Illinois Controlled Substances Act. The State usually brings charges in drug cases in one of the following three ways: possession of a controlled substance, possession of a controlled substance with intent to deliver, or delivery of a controlled substance. In some cases, it is possible to be charged with all three crimes.

In Cook County approximately 50% of the weekly felony arrests are drug related.

Simple possession is the least serious and delivery is the most serious. The felony class of each charge ranges from Class 4, the lowest, to Class X, the highest.

The felony class of a charge can be raised if certain aggravating factors are present such as, being within 1000 feet of a church or place of worship, school, park, or selling to a person under the age of eighteen.    

Most Chicago drug arrests are simple Class 4 possessions, punishable by 1 to 3 years in the Illinois Department of Corrections. Typically these cases are probationable, depending on the criminal background of the defendant.

Possession with intent to deliver is defined as possessing a controlled substance with the intent to sell it. Intent to deliver can be proven a number of ways such as the amount of narcotics, how it was packaged, if there was money recovered, and whether drug dealing items such as scales and packaging materials were present.   

Delivery of a controlled substance is actually selling the substance. Delivery charges are usually brought by undercover police officers buying drugs and paying for them with money whose serial numbers have been pre-recorded. Once the buy is completed, the enforcement team is called to make the arrest. Typically the pre-recorded money is seized and along with the purchased narcotics, a delivery of a controlled substances charge is brought.