Protecting the Rights of Our Clients
Chicago Drug Sales Lawyer
Defense for Illegal Drug Sale Charges
Law enforcement devotes a large amount of time and resources to fight criminal drug activities. Due to the seriousness of this drug crime, an individual arrested for selling drugs may face harsh penalties. A criminal conviction can affect an offender for the rest of his or her life. A criminal record can make it impossible to hold certain professional licenses or work in jobs that require security clearance.
Upon conviction, an offender may lose assets, personal and real property, or a child custody award following a divorce. An individual charged with drug sales should retain the counsel and defense of a skilled attorney for legal assistance and advice before making incriminating statements to the authorities. The Toney Law Firm, LLC has the knowledge and resources available to defend clients successfully when charged with drug crimes, including drug sales.
Possible Penalties for Drug Sales in Chicago, IL
A drug sales conviction can result in harsh sentencing including:
Prison or Jail Time
The length of imprisonment for a drug sales conviction in Illinois can vary significantly depending on several factors, including:
- Type of drug: The specific type of drug involved can influence the severity of the penalty. For example, sales of highly addictive substances like heroin or fentanyl may result in longer prison sentences.
- Quantity of drugs: The amount of drugs involved in the sale can also affect the potential sentence. Larger quantities of drugs generally lead to more severe penalties.
- Prior criminal history: Individuals with previous convictions, especially for drug-related offenses, may face harsher sentences.
- Role in the drug trafficking operation: The defendant's role within the drug trafficking organization can also impact the sentence. For instance, individuals who are considered leaders or kingpins may receive longer prison terms.
Large Fines and Court Costs
In addition to imprisonment, drug sales convictions can result in substantial fines and court costs. These financial penalties can place a significant burden on the defendant and their family.
Parole or Probation
Upon completion of their prison sentence, individuals convicted of drug sales may be subject to parole or probation. These supervised release periods allow the court to monitor the defendant's behavior and ensure compliance with certain conditions, such as drug testing and participation in rehabilitation programs.
Drug Education and Rehabilitation Programs
As part of their sentence or conditions of parole or probation, individuals convicted of drug sales may be required to participate in drug education and rehabilitation programs. These programs aim to address the underlying causes of drug addiction and provide individuals with the tools and support they need to maintain sobriety.
Periodic Chemical Testing
To monitor compliance with parole or probation conditions and ensure that the defendant is not using drugs, the court may require periodic chemical testing. This can include urine tests, blood tests, or other forms of substance abuse screening.
Long-Term Effects of a Criminal Record
A drug sales conviction can have severe and long-lasting consequences. These penalties often include prison or jail time, substantial fines and court costs, parole or probation, mandatory drug education and rehabilitation programs, and regular drug testing. Beyond the immediate legal repercussions, a criminal record can significantly impact an individual's life. This includes difficulties in finding employment, securing housing, and accessing educational opportunities. Additionally, drug convictions can strain family relationships, lead to financial instability, and even result in deportation for non-citizens. The long-term effects of such a conviction can be far-reaching and challenging to overcome.
What Influences Sentencing for Drug Sales?
Circumstances surrounding the crime of illegal drug sales can affect the degree of sentencing. The type and quantity of drugs involved, use of minors or gang members for drug selling, the defendant's prior criminal record, their role in a drug trafficking organization, whether the crime involved the use of weapons or violence, and their cooperation with law enforcement can all impact the length of the sentence. Additionally, Illinois sentencing guidelines provide recommendations, but judges have discretion to deviate from them. Recent sentencing reforms may also influence the outcomes of drug sales cases.
Possible Defenses for a Drug Sales Charge in Illinois
In drug cases, a Chicago drug sales defense attorney can employ various strategies to challenge the prosecution's case. Defense can challenge warrants, arrest procedures, forensics, witness statements and other evidence presented to the court.
- Warrants: The defense can argue that the warrant was issued without sufficient probable cause and was too broad in its description of the items to be searched, rendering it illegal.
- Challenging the legality of search and seizure: If law enforcement violated the defendant's Fourth Amendment rights, evidence may be suppressed.
- Claiming lack of knowledge or intent: The defendant may argue they were unaware of the drugs or had no intention to sell them.
- Asserting a defense of duress or coercion: The defendant may claim they were forced into the crime.
- Presenting expert testimony: Experts can challenge the reliability of forensic evidence or offer alternative explanations.
- Forensics: Examine chain of custody, laboratory errors, and alternative explanations.
In drug sales cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt. The defense can challenge any evidence presented, including the legality of searches, the reliability of forensics, and the credibility of witnesses. A strong defense is essential for protecting the defendant's rights and potentially achieving a favorable outcome.
At The Toney Law Firm, LLC, our goal is to provide the best defense resulting in dropped or lessened charges against her clients. Make an appointment today for a consultation regarding allegations of drug sales in Chicago.
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Has the best communication skills for a lawyer I have ever seen, she actually works on your case and researches the case law and shows you literature, she's on time for courts and most of all, she was 100% honest with me the whole time.
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I must say that not only did she do an outstanding job at handling all of the issues surrounding my case, she also educated me during the process and made sure to keep an open line of communication with me!
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She's a well rounded, smart and impressive attorney!
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Her professional and compassionate approach assured me that I was not just a paying opportunity.
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Rest easy knowing that she was on my side. My wife I were extremely satisfied with the outcome and will turn to her for any future legal needs
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She handled my issues professionally, gave me good advice, and I am quite happy with the outcome
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If it wasn’t for her and her plan, I'd be in jail, away from my kids.
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Case Results
Always Pursuing the Best Possible Outcome
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Acquitted DUI
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Not Guilty Battery
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Not Guilty Two Counts of Resisting Arrest
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Not Guilty Felony DUI
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Not Guilty Domestic Battery
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Not Guilty Battery