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Prescription Drug Possession

Are you facing charges for possession of a controlled substance in Chicago? Contact our experienced defense attorney's 24/7 for a FREE consultation.

Chicago Prescription Drug Possession Lawyer

Handling Vicodin, Xanax, Valium, Codeine, Oxycontin, Adderall, Ketamine, Anabolic Steroids Possession Charges, and Other Drug Crimes

You may not have realized that Illinois Drug Laws classify popular prescription medications as “controlled substances” if you don’t have a valid doctor’s prescription for their use and possession. Prescription Drug Possession of even one little pill without a valid prescription could lead to your arrest on felony charges. Unauthorized use of otherwise legal, prescription drugs is a serious felony offense under Illinois Drug Laws.

And make no mistake; the prescription must be a valid one for your use of the medication. A forged prescription, altered prescription, fraudulently obtained prescription, or stolen prescription pad are all criminal offenses. It’s also a felony to sell these medications or even give them away to friends. If you have made a mistake and you’ve been arrested for Prescription Drug Possession, you need an experienced Chicago criminal defense attorney to fight for your rights and find a solution for your dilemma.

The law behind Illinois prescription drug possession

The Illinois Drug Laws classify controlled substances from I to IV according to a drug schedule and penalize you based on the quantity found in your possession. Schedule I drugs, generally the illegal “street” drugs, are those for which there’s no accepted medical use and that have a high tendency to be abused. These include drugs like heroin, ecstasy, and LSD.

Prescription drugs generally fall under Schedules II through IV

  1. Schedule II drugs have an accepted medical use, but tend to be abused, and are highly addictive with long-term use. These drugs include Fentanyl, amphetamines, morphine (an opiate), and opium.
  2. Schedule III drugs have accepted medical uses and a slightly lesser tendency for abuse and addiction than Schedule II drugs. They include codeine, ketamine, some hydrocodone combinations, and anabolic steroids.
  3. Schedule IV drugs have accepted medical uses and less potential for abuse and addiction than Schedule III drugs. (But they still have some addictive properties and some tendency to be abused.) Schedule IV drugs include Xanax, Valium, and Phenobarbital.

Penalties for prescription drug possession in Illinois

Penalties for Prescription Drug Possession (possession of a controlled substance) range from a Class 4 felony punishable by 1 to 3 years in the state penitentiary and a fine of up to $25,000 all the way up to a Class X felony punishable by 6 to 30 years in prison plus a fine up to $25,000. Note that these are just sentencing guidelines. Your sentence can be doubled if you have a firearm in your possession at the time of your arrest for Prescription Drug Possession. The court can also double your sentence if you were within 1,000 feet of a school, church, public park, or movie theater at the time of your arrest.

If you’re arrested with a large quantity of a medication without a valid prescription or you’re arrested with more than one type of drug on you, you could be charged with the more serious crime of possession with intent to sell or distribute. Drug distribution, manufacture, delivery, or trafficking charges all carry much higher penalties than simple possession for personal, recreational use and could result in a Class X felony conviction.

Hire an experienced Chicago prescription drug defense attorney

A felony conviction on Prescription Drug Possession could ruin your life. With a felony on your record, you lose opportunities for housing, jobs, credit, education, and immigration benefits. Michael P. Schmiege, a skilled and aggressive Illinois Prescription Drug Possession Lawyer, could build solid defenses to your charge around issues of possession and police stop and search.

Many Prescription Drug Possession cases are circumstantial at best. If a drug is not actually found on your person, you might have some reasonable defenses. Proving that you had actual possession and control of the drug involves more than showing that you were near a drug or that drugs were in your home or your vehicle. A knowledgeable Chicago Prescription Drug Defense Attorney like Michael Schmiege could examine the specific circumstances of your arrest to find possible weaknesses in the “possession” charge.

Where police obtained the evidence against you by stopping you without probable cause or conducting a search with a flawed warrant, an astute Illinois Prescription Drug Possession Lawyer like Michael Schmiege could make a motion to suppress the evidence. Without evidence to build on, the prosecution’s case against you becomes weak. And it’s up to the prosecutor to prove your guilt on the Prescription Drug Possession charge beyond a reasonable doubt.

Contact a qualified Chicago prescription drug lawyer

Your initial consultation and case evaluation is completely free. The Law Office of Michael P. Schmiege will discuss your case with you in-depth and help you determine your legal options. Especially if it’s your first Prescription Drug Possession offense and you had only a small amount of the drug on you, Attorney Schmiege might be able to help you remain completely free upon your successful completion of alternative sentencing programs.

Attorney Schmiege will diligently fight to uphold your rights in the matter of your drug charge. He will examine you’re the circumstances of your arrest to find any weaknesses in the case against you and explore all applicable defenses and sentencing alternatives. His experience could help minimize the impact of a felony Prescription Drug Possession arrest on your life and your future.

Contact Chicago Criminal Attorney Michael P. Schmiege for your free and confidential legal consultation.

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