Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney
CRIMINAL DEFENSE LAWYER FOR COCAINE CHARGES IN ROCKFORD
Understanding Cocaine Charges
Cocaine is a schedule II drug due to its highly addictive nature. As a controlled substance, it is illegal to use cocaine or have it on your person except in very specific circumstances. If you or a loved one has been charged with a cocaine-related drug offense, it is imperative that you consult with an experienced Illinois criminal defense attorney near you. At the
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Cocaine possession
Under the Illinois Controlled Substance Act the State must prove beyond a reasonable doubt that an accused knowingly possessed cocaine or that the accused had cocaine within his or her possession, to obtain a conviction. Cocaine possession is considered a felony, but depending on how much cocaine an individual was found with, the penalty range from 1 to 3 years of prison with probation as an option, or as much as 10 to 50 years in prison with probation not on the table. The breakdown of penalties for possession of cocaine is as follows:
- 0 to 15g of cocaine is a Class 4 felony, punishable by 1 to 3 years in prison or a term of up to 4 years probation
- 15 to 100g of cocaine is a Class 1 felony, punishable by 4 to 15 years in prison; probation is not on the table
- 100 to 400g of cocaine is a Class 1 felony, punishable by 6 to 30 years of prison; probation is not on the table
- 400 to 900g of cocaine is a Class 1 felony, punishable by 8 to 40 years in prison; probation is not on the table
- 900+g of cocaine is a Class 1 felony, punishable by 10 to 50 years in prison; probation is not on the table
Even still if probation is on the table for a particular case, or if your criminal defense attorney can convince the State to amend an accused’s charges to a probation eligible offense, an accused may qualify for other remedies outside of a prison sentence. Some defendants will qualify for Second Chance Probation, TASC Probation, Drug Court, or a Deferred Prosecution or Judgment program. Each of these programs have unique requirements that defendants must meet in order to qualify, and an experienced Illinois criminal defense attorney can help you figure out whether you qualify for one or more of them.
There are many defense strategies to fighting a cocaine possession case. The first hurdle the State has to jump through is proving that an accusing knowingly possessed the drug. If the evidence is insufficient to form the belief that an accused knowingly possessed the drug, the case may be thrown out or won at trial. The state must prove this critical part of their case in order to obtain a conviction. Other strategies in fighting a drug case are through the filing of a motion to suppress illegally obtained evidence or through a motion to suppress illegally obtained defendant statements. The police must follow certain procedures in obtaining and executing search warrants, just as they must follow certain procedures in obtaining statements from witnesses and defendants. If the police make a critical area in any or both of these errors, the court may rule in favor of the defense, which may in turn cause the State to have to toss the case. Finally, if in a particular case the police used an informant to conduct their investigation, your attorney may be able to cast serious doubt upon that individual’s credibility before or during trial, leading to successful resolution of your case.
Cocaine Manufacturing and Delivery
Under the Illinois Controlled Substances Act, in order to prove that an accused committed the offense of manufacturing and delivering cocaine, the State must prove either that he or she:
- Knowingly manufactured and delivered cocaine, or
- Possessed cocaine with the intent to manufacture or deliver it
There are many potential defenses and strategies to fighting charges of cocaine manufacturing and delivery. Your attorney may be able to file a motion to suppress evidence if the police made an error in their investigation. Some police errors are not critical to the State’s case, but there are many that are. For example, if the police did not execute a search warrant correctly, any evidence obtained from that search would not be admissible in trial and that may defeat the State’s case. An experienced defense attorney can look over your case and spot these sorts of errors if they exist in your case. Your criminal defense attorney may also be able to file a motion to suppress illegally obtained statements. For example, if the police did not follow proper protocol in eliciting a statement or confession from a defendant the judge may rule that statement inadmissible at trial. Other strategies may includes rebutting an informant’s credibility (if an informant was used by the police in the case), or filing a motion to dismiss based on insufficient facts to support the charge.
The penalty for manufacturing and delivering cocaine in Illinois is very serious. If an accused is charged with manufacturing and delivering of 1 to 15 grams of cocaine they face a Class 1 felony, which is punishable by 4 to 15 years in prison and not probation eligible. If the charge involves 15 or more grams of cocaine the offense is a Class X felony and the penalty ranges are the following:
- 15 - 100g is punishable by 6 to 30 years in prison
- 100 - 400g is punishable by 9 to 40 years in prison
- 400 - 900g is punishable by 12 to 50 years in prison
- 900g or more is punishable by 15 to 60 years in prison
Drug charges can have a long-lasting impact on your life. Make sure you reach out to an experienced criminal defense attorney near you if you have been charged with cocaine possession, manufacturing, or delivery.
Don't Let A Drug Charge Ruin Your Life, We Can Help
If you live in your near Rockford, IL and you or a loved one is faced with a cocaine drug charge whether it be possession, manufacturing or delivery, it pays to at least discuss your case with an experienced criminal defense attorney. They will go over all the details of the case and determine the best course of action for you.
Contact attorney Brendan W. Caver for a free consultation at (815) 714-9508 or by email, to discuss your case today.
We can also assist with: cannabis charges, heroin charges, methamphetamine charges, and more.
Brendan Will Answer Your Questions
Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.
