Drug Possession and Delivery

What is the charge of drug trafficking?

Drug trafficking involves the movement of any type of illegal drug, including cannabis, into Illinois from any other state for the purpose of distribution. The State must prove that the illegal drug came into Illinois from a location outside of this State.
A drug trafficking charge is one of the most serious drug crimes as it carries a penalty that doubles the potential prison sentence that exists for the simple delivery of the drug independent of the trafficking.

How does the State prove the charge of Possession with Intent to Deliver?

Possession with Intent to Deliver does not, itself, involve the actual delivery of any type of drug. It typically arises after a car search or search of a residence where drugs are found.

Simple possession is generally not sufficient to prove an intent to deliver. Besides a persons admission to holding the drug with the future intent to sell it, the State can prove a person’s intent by a variety of factors. These include the quantity of the drug found, its packaging, as well
as the presence of a scale and/or an unusual amount of cash.

Will I ever learn the identity of the person who helped set me up?

The vast majority of delivery or intent to deliver cases involve a confidential informant who provides cooperation to the police. The cooperation may involve either an “introduction”, a “controlled buy”, or the execution of a “pat doe” search warrant.

An “introduction” involves an introduction of an undercover officer to the defendant by the informant. Thereafter, all dealings occur between the officer and the defendant. A“controlled buy” involves an actual delivery between the defendant and the confidential source that is controlled by the police through surveillance and advancing the money for the purchase of the drugs.

A “pat doe” search warrant involves the informant appearing confidentially before a judge and swearing under oath to having seen drugs in the defendant’s home close in time to the ordering of the search warrant. There must be some showing to the judge, however, that this person’s
information is reliable.

Despite the nature of an informant’s cooperation, the law is very strict in protecting his or her identity. The police reports will never reveal an actual name of an informant and it is extremely unlikely that the Court will ever order the State to give the actual name to the defense.

Are there any type of diversion programs available for drug cases?

There are several available diversion programs available in drug cases that allow a defendant to avoid the typical penalties associated with a drug crime.

“Section 10″ probation is a sentencing option available to first time drug offenders for lower
felony level possession charges. It allows a defendant to avoid any type of criminal conviction, if
the probation period is completed successfully.

Other types of diversion programs may involve “TASC probation”, “second chance probation”, “drug court”, or “impact incarceration” (boot camp). A person’s eligibility for any type of deferral program will depend on a person’s criminal history and the nature of the original charge

What are the range of penalties for drug charges?

Drug charge penalties vary greatly depending on the nature of the charge, as well as the type and quantity of drug involved. Possession offenses are the least serious. They are usually charged as class 4 felonies, the lowest felony level offense. Many such offenses can qualify for probation or a deferred sentence depending on a persons background.

Intent to deliver and delivery offenses are more serious. Many, but not all, involve mandatory prison sentences upon conviction. The seriousness of the individual offense will always depend upon the nature and quantity of the drug involved, as well as a person’s criminal history. A class
X felony charge is the most serious followed in seriousness by class 1, class 2, and class 3 offenses.

You can learn more @ https://www.shaneylaw.com/criminal-defense/drug-crimes/