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Unlawful 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 UPCS with Intent 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 a 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 a 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 a Peoria criminal 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!