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Illinois drug charges can include unlawful possession of prescription medications, cannabis, cocaine, heroin, fentanyl, methamphetamine, or manufacturing or delivery charges. The consequences may depend on the type and weight of the substance, the conduct alleged, and the defendant’s criminal history. Illinois law differentiates knowing possession from manufacturing, delivery and possession with intent to deliver. Many controlled-substance offenses are felonies. An attorney who handles drug crimes in Elgin can tell you precisely what charges you face and what the State must prove.
At O’Flaherty Law, we will look closely at the investigation and the arrest. This could include reviewing the traffic stop, search warrant, consent to search, police reports, body-camera footage, lab results, witness statements, and who had access to the location where the drugs were found. The State must prove that the accused had knowingly possessed the substance. Possession can be actual or constructive, but being close to drugs or simply being in a vehicle or residence does not automatically prove guilt.
Facing criminal charges can be a frightening experience, especially if you don’t know what is going to happen next. O’Flaherty Law provides the resources of a large firm with the personal attention and clear communication you need. We will guide you through each phase of your case, explain possible defenses and help you make well-informed decisions. Options depend on the facts, and may include challenging evidence, negotiating for reduced charges, pursuing treatment-based alternatives or taking the case to trial. Certain eligible first time possession cases may also be eligible for probation without the immediate entry of a judgment.
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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.
Schedule a ConsultationLearn More About The FirmI 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!

Not quite. Prosecutors usually have to show that you knew the drugs were there and that you had control over them. It can get more complicated when drugs are found in a shared home, vehicle, hotel room or other location used by more than one person. Illinois recognizes constructive possession, and this may be applicable even when drugs are not found on a person. But knowledge, as well as control, must be verified by the facts around it.
Prosecutors don’t need evidence of a sale to have a charge of intent to deliver. They may use circumstantial evidence such as the amount and packaging of the substance, scales, money, weapons, communications or other items allegedly related to distribution. The State still has to prove possession with knowledge and intent to deliver. A defense attorney could argue that the evidence is not indicative of distribution, but rather of personal possession.
Some qualifying defendants may be eligible for first-offender probation pursuant to Section 410 of the Illinois Controlled Substances Act. The court may suspend further proceedings and place an eligible person on probation without entering a judgment of conviction. If all the required conditions are successfully completed, the court may discharge the person and dismiss the proceedings. Eligibility is not broad and dismissal does not guarantee the arrest record will be erased, so particular facts and criminal history must be examined.