Orland Park Meth Possession Attorney

Will County Drug Charges Lawyer for Possession or Delivery of Methamphetamines

Methamphetamines are considered to be very dangerous controlled substances, and people who are accused of possessing these drugs may face serious criminal charges. At Issa Law, LLC, we understand the difficulties that people may face in these situations, especially when they struggle with addiction. We work to help our clients defend against drug charges, and we can provide guidance on the best defense strategies to use in these cases.

Criminal Charges for Methamphetamine Possession

As is the case with other offenses involving the possession of controlled substances, "possession" as it relates to methamphetamine is highly dependent on the facts and circumstances of the case. In addition to the commonly understood actual, physical possession (i.e., having methamphetamine on your person), constructive possession can be applicable. In a constructive possession case, the state can rely on the circumstances surrounding an arrest to show that a person knew, or should have known, that they were in possession of methamphetamine. If methamphetamine was recovered in a person's vehicle while that person was not in the vehicle, the fact that: 1) the person owned the vehicle; 2) no one, other than the owner, was in or around the vehicle for a prolonged time and; 3) items commonly associated with possession of methamphetamine were found in the driver's pocket, would allow a judge or jury to rule that the driver constructively possessed the methamphetamine.

The search or seizure of the methamphetamine must have been made through lawful and proper means. If it can be shown that law enforcement agents did not follow the proper steps when recovering the methamphetamine, a judge will not allow the drugs seized to be used as evidence. This would most likely lead to the charge being dropped.

The growing use of methamphetamine has caused Illinois lawmakers to enact severe punishments for its possession. As a result, simply possessing a certain amount of methamphetamine, regardless of delivering or having an intent to deliver the methamphetamine, will subject a person to a stiffer penalty than a person who possessed the same amount of a different controlled substance, such as heroin, cocaine, or LSD. Additionally, Illinois law permits a person who is convicted of possessing methamphetamine a second or subsequent time to be sentenced to twice the jail time and be fined double than what would be the case in a first offense.

Sentences for possession of methamphetamine may range from a Class 3 felony in cases involving less than five grams to a Class X felony in cases involving 900 grams or more. While people who possessed small amounts may be sentenced to a few years in prison, possession of large amounts may lead to sentences of up to 50 years. Probation may be possible in cases involving less than 15 grams of methamphetamine, as long as a person has not previously been convicted of a drug possession offense. Otherwise, a person must be sentenced to the mandatory minimum time in prison.

Delivery or Possession with Intent to Deliver Methamphetamine

Illinois prohibits the delivery of methamphetamine or the possession of methamphetamine with intent to deliver it. Delivery means the actual transfer or the attempted transfer of the methamphetamine. The exchange of money, or any other item, for the methamphetamine is legally irrelevant. Additionally, if one person, on the behalf of another, delivers methamphetamine, they may both be charged and convicted of delivery or possession with the intent to deliver.

While most cases of delivery of methamphetamine can be quite clear, possession with intent to deliver methamphetamine can be difficult to prove. If someone was arrested with a small amount of methamphetamine that is consistent with personal use, possession with intent to deliver will be difficult for the state to prove. However, if a person is arrested with a small amount that is consistent with personal use, but is also found with other paraphernalia that indicates selling of methamphetamines (such as scales, cash, or small unused baggies), then a judge or jury can take the other paraphernalia into consideration and can find that the person intended to deliver that small amount of methamphetamine to someone else.

More serious felony charges will apply for delivery of methamphetamine than for methamphetamine possession. The minimum charge is typically a Class 2 felony, while the maximum charge is a Class X felony with a potential prison sentence of up to 60 years. Probation may be possible in cases involving Class 1 or Class 2 felony offenses, as long as a person had not previously been convicted of an offense related to methamphetamine. In general, a person who is convicted will be required to serve at least 75 percent of the sentence imposed.

Aggravated Delivery or Possession with Intent to Deliver Methamphetamine

A conviction for aggravated delivery of methamphetamine may result in some of the harshest sentences for non-violent, illicit-substance-related offenses in the state. This is especially true for any second or subsequent conviction under the Methamphetamine Control and Community Protection Act. The act of delivering or possessing with the intent to deliver methamphetamine to anyone under the age of 18; while using someone under the age of 18 in the process of the delivery; in any structure that is protected by firearms, surveillance systems, or guard dogs; in a school or property comprising any school; or to a pregnant woman are all acts that make the delivery or possession with the intent to deliver methamphetamine aggravated.

The aggravating circumstances listed above are elements of the offense and, as a result, they must be proven beyond a reasonable doubt by the state in order for a person to be convicted. For instance, if someone is charged with delivering methamphetamine to someone under the age of 18, and it can be shown that they did not know the buyer was under 18 years of age, the state cannot meet its burden, and the charge of aggravated delivery of methamphetamine must fail.

The minimum charge for aggravated delivery of methamphetamine is a Class 1 felony, which may result in a sentence of four to 15 years. In cases involving 15 grams or more, Class X felony charges will apply, and sentences may range from six to 50 years. Probation may be possible in cases involving Class 1 felony charges and no previous convictions for methamphetamine offenses. A person will be required to serve at least 75 percent of any sentences imposed.

Contact Our Tinley Park Methamphetamine Drug Charges Attorney

If you are facing criminal charges related to the possession or delivery of meth, contact us today by calling 708-966-2408 and arranging a consultation.