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Orland Park Meth Possession Attorney

Will County Drug Charges Lawyer for Possession or Delivery of Methamphetamines

As is the case with Possession of a Controlled Substance and Possession of Cannabis, "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 circumstances present to show that an individual knew, or should have known, that they were in possession of methamphetamine. If methamphetamine was recovered in an individual's vehicle while that individual was not in the vehicle, the fact that: 1) the individual 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 was found in the driver's pocket, would allow a judge or jury to hold that the driver constructively possessed the methamphetamine.

Also, as was discussed in Possession of a Controlled Substance and Possession of Cannabis, 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 in recovering the methamphetamine, a Judge will not allow the methamphetamine to be used as evidence. This would most likely lead to the charge being dropped.

Unlike Possession of a Controlled Substance or Possession of Cannabis, 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 one to a stiffer penalty than a person possessing the same amount of a controlled substance (Heroin, Cocaine or LSD) or cannabis. Additionally, Illinois law permits an individual who is convicted a second, or subsequent, time of possessing methamphetamine to be sentenced to twice the jail time and be fined double than what would be the case in a first offense.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

4.9 grams or less

Class 3 Felony

2 to 5 years

Up to $25,000

4 to 10 years

Up to $50,000

5 to 14.9 grams

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

15 to 99.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

100 to 399.9 grams

Class X Felony

6 to 30 years

Up to $100,000

12 to 30 years

Up to $200,000

400 to 899.9 grams

Class X Felony

8 to 40 years

Up to $200,000

16 to 80 years

Up to $400,000

900 grams or more

Class X Felony

10 to 50 years

Up to $300,000

20 to 100 years

Up to $600,000

Probation Possible? –Yes, only if: *

1) Possessed less than 15 grams
AND
2) Have not ever been convicted of, or given probation or supervision for any of the following offenses:
  • Possession of Cannabis
  • Possession of a Controlled Substance
  • Possession of Methamphetamine
*Otherwise, individual must be sentenced to the mandatory minimum time in prison.

Supervision Possible? – No.

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, both individuals can 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, a conviction for 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 possessor intended to deliver that small amount of methamphetamine.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

4.9 grams or less

Class 2 Felony

3 to 7 years

Up to $25,000

6 to 14 years

Up to $50,000

5 to 14.9 grams

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

15 to 99.9 grams

Class X Felony

6 to 30 years

Up to $100,000 or street value

12 to 60 years

Up to $200,000 or street value

100 to 399.9 grams

Class X Felony

9 to 40 years

Up to $200,000 or street value

18 to 80 years

Up to $400,000 or street value

400 to 899.9 grams

Class X Felony

12 to 50 years

Up to $300,000 or street value

24 to 100 years

Up to $600,000 or street value

900 grams or more

Class X Felony

16 to 60 years

Up to $400,000 or street value

32 to 120 years

Up to $800,000 or street value

Probation Possible? Yes only if:

  • Class 1 or Class 2 offenses
and
  • No previous conviction related to methamphetamine, otherwise must serve mandatory jail time.

Supervision Possible? No.

Time to be served: 75% of sentence imposed.

Aggravated Delivery or Possession with Intent to Deliver Methamphetamine

A conviction for Aggravated Delivery or Possession with the Intent to Deliver Methamphetamine results in some of the harshest sentences for non-violent, illicit substance related offenses in the state. This is especially true for any 2nd 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, must be proven beyond a reasonable doubt by the state in order for an individual 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 the transferor did not know the buyer was under 18 years of age, the state cannot meet its burden and the charge of Aggravated Delivery or Possession with the Intent to Deliver Methamphetamine must fail.

The Sentence

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

4.9 grams or less

Class 1 Felony

4 to 15 years

Up to $25,000

8 to 30 years

Up to $50,000

5 to 14.9 grams

Class X Felony

6 to 30 years

Up to $100,000 or street value

12 to 60 years

Up to $200,000 or street value

15 to 99.9 grams

Class X Felony

8 to 40 years

Up to $200,000 or street value

16 to 80 years

Up to $400,000 or street value

100 grams or more

Class X Felony

10 to 50 years

Up to $300,000 or street value

20 to 100 years

Up to $600,000 or street value

Probation Possible? Yes only if:

  • Class 1 offense

    and

  • No previous conviction related to methamphetamine, otherwise must serve mandatory jail time.

Supervision Possible? No.

Time to be served: 75% of sentence 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.

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