Possession with Intent to Deliver
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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!