Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney
CRIMINAL DEFENSE LAWYER FOR HEROIN CHARGES IN ROCKFORD
Understanding Heroin and Fentanyl Charges in Illinois
Both heroin and fentanyl are opioid based schedule I drugs that are very similar to morphine. They provide a significant high for users and as such are often abused. All uses of heroin are illegal throughout the United States and in Illinois where fentanyl in very specific cases can be a prescription drug. Both of them do carry severe penalties if a person is found in possession of them. If you or a loved one has been charged with a heroin-related drug offense or fentanyl-related drug offense, it is imperative that you consult with an experienced Illinois criminal defense attorney near you. At the
Law Office of Brendan W. Caver we believe that everyone has a right for their side of the story to be heard, don't hesitate to reach out to our office to
book your confidential case consultation.
(815) 714-9508
See What Our Clients Have To Say
"I have never had a better Attorney, when you txt or call, he will either answer himself or call/txt you back. Amazing communication, and on top of it, my case turned out much better than anyone expected, he is truly fighting for his clients."
Joe A.
Rating 5/5 ⭐⭐⭐⭐⭐
And read more of our reviews on
Google.
Heroin or Fentanyl Possession
Under the Illinois Controlled Substances Act, in order to be charged with possession of heroin or fentanyl the State must prove beyond a reasonable doubt that an accused knowingly possessed either drug or had either drug within his or her possession. All charges for heroin and fentanyl possession are felony charges as opposed to misdemeanor charges. The penalty ranges for possession of heroin or fentanyl is the same and demands mandatory prison time; probation is not an option. The prison term ranges depending on how much an accused was found with:
- 1 to 15 grams is a Class 1 felony with a prison term of 4 to 15 years
- 15 to 100 grams is a Class X felony with a prison term of 6 to 30 years
- 100 to 400 grams is a Class X felony with a prison term of 9 to 40 years
- 400 to 900 grams is a Class X felony with a prison term of 12 to 50 years
- 900 or more grams is a Class X felony with a prison term of 15 to 60 years
There are many defense strategies to fighting a heroin or fentanyl possession case. Before anything the State has to prove that an accused 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 error in any or both of these areas, 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. By no means are these strategies the only ones that may be used in fighting a possession of heroin or fentanyl case, an experienced criminal defense attorney can discuss the issues in your particular case and potential defense strategies more thoroughly.
Heroin Manufacturing and Delivery
Under the Illinois Controlled Substances Act, in order to prove that an accused committed the offense of manufacturing and delivering heroin, the State must prove either that he or she:
- Knowingly manufactured and delivered heroin, or
- Possessed heroin with the intent to manufacture or deliver it
The penalty for heroin distribution-related crimes is a mandatory prison sentence and the term ranges are broken down by how much heroin was found:
- 1 to 15 grams is a Class 1 felony and comes with a prison term of 4 to 15 years
- 15 to 100 grams is a Class X felony and comes with a prison term of 6 to 30 years
- 100 to 400 grams is a Class X felony and comes with a prison term of 9 to 40 years
- 400 to 900 grams is a Class X felony and comes with a prison term of 12 to 50 years
- 900 or more grams is a Class X felony and comes with a prison term of 15 to 60 years
There are many potential defenses and strategies to fighting charges of heroin 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 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. If you are facing heroin drug charges it is important to speak with a drug defense attorney near you as soon as possible.
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 heroin or fentanyl 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, cocaine 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.
