Cocaine Drug Offenses in Illinois

 Posted on October 04, 2016 in Drug Charges

Cocaine is a very popular drug that acts as a stimulant; people who use this drug experience an energetic high. Cocaine can be consumed in a number of different ways, including injection, inhalation, or by snorting it up the nose. While the drug may have some initial stimulating effects, cocaine has a lot of serious health consequences.

Cocaine is a highly addictive illegal drug that has lead to many individuals facing drug charges. They might have been charged with cocaine possession, cocaine distribution, or trafficking. What all of these drug offenses have in common is that they are all felonies. How serious the offense is depends on a number of factors—a history of cocaine drug offenses, the amount of drugs involved, where the drugs were found (e.g., a drug sale near a school or truck stop) and to whom the drugs were sold (e.g., minors, pregnant women, etc.).

Cocaine Drug Offenses Carry Years of Jail Time

Illinois law considers cocaine to be a controlled substance under the Illinois Controlled Substances Act, and does not take cocaine possession, distribution or trafficking lightly. For instance, possession of just a small amount of cocaine can put you in jail for up to three years. Selling less than a gram of cocaine can lead to a jail sentence of three to seven years. Trafficking just a few grams of cocaine across state lines can result in anywhere from four to 15 years of jail time. And these are just jail sentences for small quantities of cocaine. Drug charges are serious, and you need an experienced drug offenses lawyer by your side to help you fight for your rights and your freedom.

What is Required to Prove Guilt for a Cocaine Offense?

First and foremost, when you are facing drug charges, your criminal defense lawyer will want to make sure that the prosecution is proving each and every element of your alleged crime beyond a reasonable doubt. The specific elements for particular drug crimes might vary slightly, but for the most part it must be shown that you had possession of the cocaine, and that you knew, or thought it was cocaine.

Possession can be proven through actual or constructive possession of the cocaine. Actual possession means that the drugs were found on your person or nearby. For instance, cocaine found in your pocket, purse, or backpack could be used to demonstrate actual possession. Constructive possession means that the drugs are found somewhere that only you have access to, and thus the drugs were constructively in your possession. For example, cocaine found in a trunk in your living room in your apartment where you live alone will likely be enough to show constructive possession of the cocaine.

Your lawyer will act aggressively to disestablish a claim of possession, because if the prosecution cannot show that the drugs were in your possession beyond a reasonable doubt, then the charges against you should be dropped. If there is any chance that someone else was in possession of the drugs, or that someone else could have placed the drugs wherever they were found, then the possession of the drugs should not be pinned on you.

Facing Cocaine Drug Charges? Contact a Lawyer Today

Cocaine drug charges can carry substantial jail time. Please do not hesitate to contact a Rolling Meadows drug crimes attorney immediately if you need assistance in your criminal case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000