CRIMINAL DEFENSE LAWYER FOR METH CHARGES IN ROCKFORD

Understanding Meth Charges in Illinois

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Meth Possession

Under the Illinois Methamphetamine Control and Community Protection Act it is illegal to knowingly possess methamphetamine or a substance containing methamphetamine. It is a crime to knowingly possess any amount of methamphetamine in Illinois.  In order to be convicted of this crime the State must prove, or be able to prove, that an accused some amount of the drug. If accused of knowingly possessing methamphetamine the potential sentence ranges are as follows:

• Less than 5 grams of the drug or a substance containing methamphetamine is a Class 3 felony, punishable by 2 to 5 years prison or 30 months of probation
• 5 to 15 grams is a Class 2 felony, punishable by 3 to 7 years prison; probation is not on the table
• 15 to 100 grams is a Class 1 felony, punishable by 4 to 15 years prison; probation is not on the table
• 100 to 400 grams is a Class X felony, punishable by 6 to 30 years prison; probation is not on the table
• 400 to 900 grams is a Class X felony, punishable by 8 to 40 years prison; probation is not on the table
• 900 or more grams is a Class X felony, punishable by 10 to 50 years in prison; probation is not on the table

If an accused is charged with possessing less than 5 grams of methamphetamine, as noted above, the charge qualifies for probation. Illinois law has carved out different probation programs for different types of offenders, and some of these options will keep a felony conviction off an accused’s record after successful completion. Such programs may include second chance probation, TASC probation, and deferred prosecution. An experienced criminal defense attorney will be able to speak with you about these potential outcomes.

All cases are different, and as a result defense strategies will always differ. That being said, there are any number of potential ways to fight a charge of possession of methamphetamine. Potential defense strategies may includes motions to suppress illegally obtained evidence or statements, attacking any errors the police may have made during their investigation, attacking informant credibility (if there was an informant), or by outright attacking the State’s case. For example, in particular cases the State may not be able to prove that an accused knowingly possession the substance, and they may lose at trial. A skilled criminal defense attorney near you will be able to talk with you and discuss these strategies as they relate to your case.

Delivery of Methamphetamine

To prove a charge of delivery of methamphetamine the State must prove beyond a reasonable doubt that an individual knowingly engaged in the delivery of methamphetamine or a substance containing it. An individual can also be charged with delivery of meth if the State can prove beyond a reasonable doubt that an individual possessed methamphetamine with intent to deliver it. If an individual is convicted of or pleads guilty to this crime the consequences will be severe. It is important to note that the law governing this crime punishes the delivery of any amount of methamphetamine or substance containing it. The penalty ranges break down in the following manner:

• 0 to 5 grams is a Class 2 felony with a potential prison term of 3 to 7 years; probation is however on the table and its term may be up to 4 years
• 5 to 15 grams is a Class 1 felony with a mandatory prison term of 4 to 15 years
• 15 to 100 grams is a Class X felony with a mandatory prison term of 6 to 30 years
• 100 to 400 grams is a Class X felony with a mandatory prison term of 9 to 40 years
• 400 to 900 grams is a Class X felony with a mandatory prison term of 12 to 50 years
• 900 grams or more is a Class X with a mandatory prison term of 15 to 60 years

This charge may also be aggravated and accompanied by a harsher sentencing range if an individual is found or pleads guilty. A charge of delivery of methamphetamine may be aggravated for many reasons. For example it may be aggravated if the facts show that the accused individual was an adult at the time of the offense and delivered the drug to someone under the age of 18, if the accused was an adult at the time of the offense and used a minor to deliver the drug, if the accused delivered the drug to a pregnant woman, etc. The penalty is mandatory prison and term ranges are as follows:

• 0 to 5 grams is a Class 1 felony with 4 to 15 years in prison
• 5 to 15 grams is a Class X felony with 6 to 30 years in prison
• 15 to 100 grams is a Class X felony with 8 to 40 years in prison
• 100 or more grams is a Class X felony with 10 to 50 years in prison

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 methamphetamine 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, cocaine charges, and more.