Possession with Intent to Deliver

Honored by the National Trial Lawyers as a Top 100 Trial Lawyer

Hire an attorney who has been recognized nationally for his trial skills.

Read About Attorney Miller

Possession with Intent to Deliver

Looking for the Best Drug Defense Lawyer in Peoria, IL?

Possession of a Controlled Substance with Intent to Deliver is a criminal charge that can carry far reaching consequences. This drug crime is a felony offense 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.

Understanding the Charges

"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").

Penalties for Possession with Intent to Deliver in Illinois

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. Miller Law Offices, P.C. has obtained such results for clients in the past. In one case my team achieved probation for a client 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 the client on probation. (Case No. 08 CF 79). The man was looking at 6-30 years in prison but received probation instead.

Choose the Powerful Defense of Miller Law Offices, P.C.

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. As a former prosecutor I have seen both sides of controlled substance cases and, as a result, I know what it takes to successfully fight the State's case.

My firm knows how to get you the best result possible whether it is at trial or through a negotiated disposition. 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. Contact my firm today to learn about your defense options!

Matthew Miller is an All Star!!! I contacted Matthew Miller after I was arrested in Peoria county in May 2014 for possession of 2 ounces of marijuana. I had never been in trouble like that before and I was very scared that I was going to go to Jail or have years of probation; putting my life on hold. Mr. Miller was incredibly responsive. He always contacted immediately whenever there was new information about my case. Matthew went out of his way for me. After helping me get my car back he was able to convince the prosecutor to drop the felony charge I had to a misdemeanor because the money I was paying to the county for my car was punishment enough. Not only that but he was able to get me in front of the judge right away on my court date. Even before the judge presented himself to the rest of the court room. I spent a total of one and a half hours which included paying my court fines and reporting to probation for my court supervision information. I really could not have asked for a better person to represent me. Matthew Miller truly helped me and never judged me as a person, he even stated he was happy to help good people like me. Matthew is my new hero and I encourage anybody who just made a mistake like I did to seek him out for help and support with their case.
- David
Read more comments