Delivery of a controlled substance
Possession of a Controlled Substance with Intent to Deliver is a criminal charge in Illinois that can carry far reaching consequences. Illinois courts regard Possession with Intent to Deliver as a very serious offense. It is a felony in Illinois and is often referred to by lawyers and judges as UPCS with Intent.
Felonies are offenses where the punishment is one or more years of imprisonment in the Department of Corrections. When a Defendant is accused of manufacturing, delivering, or possessing a controlled substance with the intent to deliver, Illinois law increases the punishment significantly.
"Intent to deliver", means that the person had an amount of the controlled substance that they intended to sell or distribute to other people. If the actual sale or distribution of the controlled substance actually occurs the offense is usually charged as "delivery of a controlled substance." The manufacture of a controlled substance is the creation of the substance.
Most possession of controlled substance, possession with intent to deliver, and delivery of controlled substance charges in Illinois involve the following drugs: crack cocaine ("rock cocaine"), cocaine ("Blow"), LSD, methamphetamine ("meth"), ecstasy ("X"), heroin ("H"), or mushrooms ("shrooms").
The classification of felony is often determined by how many grams are in a person's possession or were delivered. For example the delivery of 15-100 grams of cocaine is a class X felony. All class X felonies are non probationable. The judge, by law, is not authorized to sentence a defendant to probation. The mandatory minimum sentence is 6 years in the Department of Corrections, with a maximum of 30 years. If a person delivers more than 100 grams they are subject to enhanced sentencing. These offenses are referred to as "Super X", offenses.
In cases involving possession with intent to deliver or delivery of a controlled substance, a major issue is whether the defendant wants to risk a guilty verdict at trial or negotiate a reduced charge that would be eligible for probation or lighter sentence.
The primary way a defendant would receive a probation sentence is the reduction of the class of offense to one that is eligible for probation. The attorneys at Miller & Pugh have obtained such results for our clients in the past, having achieved such a result for a client of ours who was charged in Woodford County with the Class X offense of possession with intent to deliver cocaine after the police stopped his vehicle on the highway and multiple bags of cocaine were found in the vehicle. In the middle of a hearing to suppress evidence of the search of the vehicle, the prosecutor offered to lower the charge and place our client on probation. (Case No. 08 CF 79). The man was looking at 6-30 years in prison but received probation instead.
If you or a loved one are charged with possession of a controlled substance, possession with intent to deliver, or delivery of a controlled substance, you should retain an attorney with the experience and expertise required for such a serious offense.
The attorneys at Miller & Pugh Law Offices, P.C. have extensive experience in handling controlled substance cases. As former prosecutors we have seen both sides of controlled substance cases and, as a result, we know what it takes to successfully fight the State's case. As former prosecutors we know how the prosecutors handle these cases and we know how to get you the best result possible whether it is at trial, or if a trial is not in your best interest, through a negotiated disposition because of our knowledge of these cases. Don't take any chances when you are charged with possession of a controlled substance, possession of a controlled substance with intent to deliver, or delivery of a controlled substance. Your future, and the future of your family may depend on it.
DON'T WAIT ANY LONGER! PROTECT YOURSELF AND YOUR FAMILY!