Illinois Heroin Possession Lawyer
If you’ve been charged with heroin possession in Chicago, you probably already know that Illinois law considers possession of any amount of heroin, even a 0.1 gram residue, a very serious felony. And if you’ve been caught with an amount large enough, you might have been charged with drug trafficking or intent to distribute, an even more severe crime under Illinois law. But before you let the law put you away for decades of prison life, get an experienced Chicago Heroin Possession Defense Attorney to investigate your case and the police conduct involved in your arrest. Chicago Criminal Defense Attorney Michael Schmiege can help you.
Penalties for Heroin Possession as Prescribed in Illinois Law
Your penalties for heroin possession could vary greatly depending upon the circumstances of your arrest. Where you were when found with the heroin, how much heroin the police found, whether you had a gun, and whether it was your first offense are among the factors that might affect the extent of your penalties. But the basic penalty scheme for heroin possession bases your punishment upon the amount seized and weighed by the police. These are serious charges and you need an experienced Chicago Criminal Defense Attorney to represent you on your Heroin Possession charge. In Illinois, your possible sentences might essentially follow this outline:
- Less than 15 grams: Class 4 felony punishable by up to 3 years in prison and a fine of up to $25,000.
- 15 to 99 grams: Class 1 felony punishable with up to 15 years in prison and a fine up to $200,000.
- 100 to 399 grams: Class 1 felony punishable by up to 30 years in prison and a fine equaling the larger of $200,000 or the street value of the drug.
- 400 to 899 grams: Class 1 felony punishable with up to 40 years in prison and a fine up to the larger of $200,000 or the drug’s street value.
- 900 or more grams: Class 1 felony punishable by up to 50 years in prison and a fine of the larger of $200,000 or the street value of the drug.
An experienced Illinois Heroin Possession Lawyer could examine the specifics of your case with you and help you understand the degree of punishment you face if you’re convicted for the crime.
What Challenges can You Bring Against Your Heroin Possession Charges?
A heroin possession charge isn’t the end of your world; it just feels like it. There might be several weaknesses in the prosecution’s case that your Chicago Heroin Possession Defense Attorney could challenge to help bring about a dismissal, expungement from your record, or reduced sentence.
1. For instance, your Illinois Heroin Possession Lawyer could challenge the stop and search that resulted in your arrest. The Fourth Amendment of the U.S. Constitution prohibits illegal searches and seizures. And it’s illegal for police to stop you without having specific information indicating that you’re breaking the law. And they can’t search you without probable cause. But they occasionally do both of these things. If either of the stop or the search can be successfully challenged, the drug evidence obtained must be thrown out of court as inadmissible.
2. If your arrest resulted from a search based on a warrant, challenge the validity of the search warrant. Despite the frequent need for search warrants and the large amount of experience the authorities have in the use of these devices, search warrants often contain serious defects.
Your Illinois Heroin Possession Lawyer could examine the warrant to discover whether it contains defects. An early and aggressive presence of your Chicago Heroin Possession Defense Attorney in your case is often the key to your success in challenging the authorities and invalidating the search warrant.
3. Challenge the charge of possession. If you were simply in the presence of other people who had heroin on them, or you were in a car or a building where heroin was found, you might have grounds for a challenge to your charge. Simply being near a controlled substance is not a crime.
“Constructive” possession (where, for instance, heroin was found in your car) is not “actual” possession (where heroin is found on you personally). A passenger might have hidden the heroin there at some point, and you might not know who or when.
Don’t take the fall for someone else. Get a knowledgeable Chicago Heroin Possession Defense Attorney to handle your charge and challenge the weaknesses in the prosecution’s case.
Contact Skilled and Experienced Chicago Criminal Attorney
A conviction on heroin possession can mess up your life forever. Avenues of employment, schooling, credit, financial aid, and even housing could be cut off for you.
Chicago Criminal Defense Attorney Michael P. Schmiege has experience helping other defendants charged with heroin possession in Chicago to face down and defeat their charges. He knows the pain you feel and the stress you’re under because of the charges. And he will examine your case, law enforcement behavior in your arrest, and all legal avenues to fight for your rights and your freedom. If there’s a solution for you that doesn’t involve prison, he’ll find it.
Let dedicated Chicago Heroin Possession Defense Attorney Michael Schmiege defend you from the charges against you. His experience might be your key to freedom and a future.
Contact Chicago Criminal Lawyer Michael P. Schmiege today for your free and confidential legal consultation if you are facing criminal charges in Illinois for heroin possession.