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If you have been arrested for a drug offense, you may have many questions about what happens next. The Illinois law includes offenses such as unlawful possession, manufacturing, delivery and possession with intent to deliver. The consequences of a case will depend on the controlled substance, the amount of the controlled substance, and the alleged conduct. A case can have misdemeanor or felony consequences. At O’Flaherty Law, we help Bloomington clients understand exactly what they are accused of and what options may be available before important decisions are made.
A drug charge doesn't mean an automatic conviction. The prosecution, however, must establish the required elements of the offense, and the circumstances of the arrest can make a huge difference. Our lawyers can look at how the drugs were found, who allegedly had them, what was said and what evidence the prosecution is using to claim possession or intent to deliver. The courts in Illinois have held that possession can be actual or constructive and that knowledge and control are particularly important where drugs are found in a common residence, vehicle or place.
Drug cases aren’t cut and dry. A defense that makes sense for a possession charge may be quite different from one involving an allegation of delivery or intent to deliver. O’Flaherty Law will take a close look at your case, including the evidence the State has against you, the facts surrounding the charge, your criminal history and the possible outcomes under Illinois law. Illinois law also allows for a form of probation for certain eligible first-time possession cases, which if successfully completed, may result in the dismissal of the case. Our mission is to teach you and to follow a practical approach to defend your rights and your future.
Please contact our friendly lawyers to Schedule a Consultation.
The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
207 W. Jefferson St STE 313
Bloomington, IL 61701
I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Yes, but simply being near drugs does not necessarily establish that you possessed them. Illinois prosecutors may rely on a theory known as constructive possession, which can involve evidence that a person knew the drugs were present and had control over the drugs or the area where they were found. In a shared vehicle, apartment, or house, the specific facts connecting a person to the drugs can therefore become an important part of the defense.
Not always. The amount involved can be important, but Illinois courts may also consider other circumstances when determining whether there was intent to deliver, including packaging, cash, weapons, drug-related items, and other evidence surrounding the arrest. When the quantity could reasonably be consistent with personal use, additional evidence may become particularly important. An attorney can review whether the evidence actually supports an intent-to-deliver charge or whether the prosecution's conclusions can be challenged.
Possibly. Illinois law allows certain people who have not previously been convicted of specified drug-related felony offenses to receive probation under Section 410 of the Illinois Controlled Substances Act for qualifying possession charges. If the person successfully completes the required probation, the court must discharge the person and dismiss the proceedings. Eligibility depends on the particular charge and criminal history, so this option is not available in every case.