How Severe Are Penalties for Intent to Distribute Cocaine in Illinois?
State police in Illinois made a near-record cocaine bust during a McLean County traffic stop in April. The suspect was arrested on eastbound I-74 near LeRoy. The charges included controlled substance trafficking and possession and the manufacture/delivery of a controlled substance. The police seized 234 pounds of cocaine with a street value of more than $10 million.
Offenses related to the production and sale of cocaine are punished harshly in Illinois, but in some cases, law enforcement may push the limits of the Constitution when investigating and arresting those suspected of cocaine offenses. Technology continues to provide increasingly invasive means of surveillance, leaving our judicial system struggling to keep up.
This means that constitutional and privacy rights are sometimes trampled in law enforcement’s zeal to make big drug busts. If you have been arrested on charges of possession or trafficking cocaine, it is extremely important to speak to an experienced Naperville, IL drug crimes attorney.
The consequences of a conviction can be devastating, including court penalties such as prison time and substantial fines, as well as long-term collateral consequences that may include difficulty obtaining employment or renting a home, among other consequences.
Cocaine Crimes in Illinois
While almost all drug-related charges are serious, the sale, manufacturing, or possession of cocaine with intent to sell has extremely harsh punishments. Cocaine trafficking is broken down into the following felony offenses:
- Trafficking involves knowingly transporting cocaine into the state from another state or from the state of Illinois into another state with the intent to manufacture or deliver the drug.
- Delivery is a crime that involves knowingly selling or distributing cocaine; any type of "ownership" of the drug is transferred from one person to another. This crime includes giving the drug to someone without receiving anything in return.
- Possession with intent may be charged when a person is found with enough cocaine in his or her possession that it can be reasonably assumed the drug was going to be sold because there is considerably more than an individual would have for personal use.
To build a solid case, the prosecutor must have the drugs and evidence of intent to commit the crime of trafficking, delivery, or manufacture of cocaine. "Evidence" may include drug paraphernalia like scales and baggies.
Penalties for Cocaine Crimes
Sale, delivery, manufacturing, and possession with intent to distribute cocaine are all felonies, carrying very harsh penalties, which are based on the amount of cocaine involved. For example, 10 to 15 grams of cocaine can result in a sentence of four to 15 years in prison and a maximum fine of $250,000.
Fifteen to 100 grams can result in a sentence of six to 30 years in prison and a maximum fine of $500,000. The penalties continue to increase until it reaches more than 900 grams of cocaine, which can result in a sentence of 15-60 years in prison and a fine of $500,000, or the street value of the drugs. The use of a firearm can add 15 years to the sentence. In a case like the example above, the sentence could be extremely severe.
Are There Defenses to Cocaine Crimes?
Every defense will depend on the specific facts and circumstances surrounding the arrest, but could involve one of the following:
- The defendant had no intent to sell, distribute, or traffic.
- There was no probable cause for the initial search.
- The initial search had no proper search warrant.
- The police used a wiretap or surveillance without court oversight.
- The defendant’s constitutional rights were violated during the arrest and interrogation.
Contact a DuPage County, IL Defense Attorney
If you have been charged with a cocaine crime or any drug crime, take these charges seriously. A Naperville, IL drug crimes lawyer from Appelman Law LLC can assess the evidence surrounding your charges to determine whether the prosecutor has a strong case and then can explain your options. Attorney Appelman has a proven track record and offers an unwavering commitment to his clients. To schedule your free consultation, call 630-717-7801.