Methamphetamine, also known as meth, is a controlled substance that has destroyed countless lives in the U.S. Illinois drug possession laws reflect the severity of this dangerous drug. Possession of methamphetamine can result in significant penalties, especially if you have the intent to distribute it to others.
With that in mind, if you’re arrested for possession of methamphetamine, the best thing to do is contact a methamphetamine attorney right away. A qualified criminal defense attorney may be able to help you avoid the most serious consequences associated with these drug charges.
At Kostopoulos Law Group, we’ve been helping people charged with drug crimes avoid spending years in prison for years. In our experience, clients can best protect their legal rights when they understand what to do after a methamphetamine possession arrest.
Our knowledgeable lawyers encourage clients to take the following steps after methamphetamine arrests.
Know What You’re Charged With
The most important thing to do after being arrested for meth possession is make sure you know what’s going on. While the police may inform you of the offenses you’re being charged with, the final decision regarding criminal charges rests with the prosecution.
The difference in the penalties for meth possession charges and possession with intent to sell can be several years in prison. The defense strategy your attorney pursues will be based on your specific charges.
When you hire a criminal defense lawyer from Kostopoulos Law Group, the first thing we’ll do is seek clarification on what offense you’ve been charged with. Every possession case is different depending on what other crimes the prosecutor decides to charge you with.
Exercise Your Right to Remain Silent
It’s wise to let your criminal defense lawyer gather information about your alleged offense and consequent charges. If you ask too many questions, law enforcement may determine that you’ve surrendered your right to remain silent. This could result in the police interrogating you, even if you think you’re legally protected from questioning.
The right to remain silent is commonly misunderstood. The police have the right to insist that you identify yourself, as well as to question you until you explicitly inform them that you’re exercising your right to silence.
However, you can also surrender this right if you continue to speak willingly to law enforcement. Even discussing topics that aren’t pertinent to your case could be considered a surrender of your right to remain silent. As such, the best thing to do is to request a lawyer and then say nothing.
If officers continue to question you after you’ve explicitly informed them that you’re exercising your right, note what they say and tell your attorney about it as soon as they arrive. A civil rights violation could help your defense lawyer get your case dismissed.
Secure Legal Representation Immediately
Building a strong legal defense for meth possession starts with hiring the right attorney to defend you. A conviction on drug possession charges could result in years in prison. The sooner you get a lawyer working to protect your rights, the more likely you are to avoid the harshest penalties.
As soon as your attorney from Kostopoulos Law Group arrives, they’ll discuss your charges and the evidence that the prosecution has. While we likely won’t make any major decisions during our first meeting, we will explain the legal process to you and help you understand your legal rights and options.
From that point on, we are your voice. Any communication with law enforcement will go through us. Having a legal liaison will offer a layer of protection throughout the criminal justice process.
Keep in mind that any delay in contacting a meth possession lawyer could hurt your case. Don’t wait — contact our law offices as soon as possible after your arrest for possession of methamphetamine.
Understand the Consequences You May Face
Possession of a controlled substance can have different consequences depending on the type of narcotic you’re accused of having. Possession of methamphetamine carries some of the most serious repercussions.
Possessing meth is a felony charge in all circumstances. The severity of a methamphetamine offense comes down to how much of the drug you have.
Possession of less than five grams of methamphetamine is a Class 3 felony. Although this charge represents the lowest level of the offense, it isn’t a misdemeanor, which means any penalties will involve prison rather than jail time. The prison sentence for a Class 3 felony is between two and five years.
Possessing anywhere between five and 15 grams of methamphetamine is a Class 2 felony, which can result in a sentence of between three and seven years in prison. If you’re charged with holding between 15 and 100 grams of methamphetamine, you could face a Class 1 felony. A conviction could net you up to 15 years in prison.
All meth possession charges involving more than 100 grams of this controlled substance are known as Class X felonies.
A class X felony can result in anywhere from 30 to 50 years of incarceration, depending on the amount of the substance the state charges you with possessing. The highest penalties are assigned to anyone in possession of 900 or more grams of the drug.
Manufacturing or Distribution
Furthermore, all of the aforementioned penalties assume that you possessed the methamphetamine for personal use. If the state determines that you were manufacturing or distributing methamphetamine, the penalties upon conviction will be even more severe.
When you’re charged with manufacturing or distribution, the class of the felony charges increases by one tier for each weight category. If the charge was already a Class X felony, the maximum sentence increases by 10 years.
For example, if you possess 900 grams or more of methamphetamine with the intent to distribute, your prison sentence after conviction could be anywhere from 15 to 60 years in prison. At the bottom end of the scale, the lowest charge becomes a Class 2 felony.
Explore Possible Defense Options
Fighting a methamphetamine possession charge is rarely easy, but that doesn’t mean you should give up hope. Our legal team can advise you on the various defenses available for meth charges and determine which is best for your situation. The following are the most common defense strategies we employ:
Challenging the Quality of the Evidence
To obtain a conviction for methamphetamine offenses, the prosecution must present the jury with sufficient evidence to convince every member that you’re guilty beyond a reasonable doubt. By contrast, we only need to convince a single member of the jury that there’s a reasonable doubt as to your guilt.
We’ll poke holes in the prosecutor’s case by pointing out circumstantial evidence or presenting contradictory details.
We can often dispute the quality of evidence long before we reach the courtroom. If we can convince prosecutors that they’re pursuing an inappropriate offense based on the existing evidence, they might dismiss the charges before trial.
Challenging How the Evidence Was Obtained
The evidence obtained during a criminal trial must have been gathered lawfully. If the police performed an illegal search, any evidence they acquired isn’t admissible in court. Our skilled drug possession lawyers will petition the court to prevent illegally obtained evidence from being used at trial.
Once the evidence from an unlawful search has been tossed out, the prosecution may drop certain charges it can no longer support. Pursuing a meth case is much more difficult when there isn’t much evidence to work with.
Negotiating a Plea Agreement
Trials require a lot of time and money, and state prosecutors don’t have infinite resources. If they had to take every case to trial, the criminal justice system would probably collapse. Plea agreements offer a solution to this situation. Many cases end with defendants pleading guilty in exchange for a reduced sentence or lesser charges.
If the circumstances are right, our attorneys may attempt to negotiate for a sentence that doesn’t impact your life as severely.
For example, while possession of methamphetamine is a felony charge, we may be able to convince prosecutors to downgrade the charges to something that only results in fines or jail time rather than a prison sentence.
Alternatively, if you’re facing enhanced penalties for possession, we may be able to get the prosecutor to drop those enhancements as part of a plea deal. You would still end up with a felony on your record, but it might be the best option in some circumstances.
Typically, prosecutors are more willing to negotiate a plea agreement if the accused has never been picked up on drug possession charges or if they’re willing to undergo medical treatment for a controlled substance abuse disorder.
Call a Chicago Meth Possession Defense Attorney Today
If you’ve been arrested for methamphetamine possession in Chicago, it’s important to understand that the law has little sympathy for those who have been charged with these crimes.
However, that doesn’t mean conviction is a guarantee. With the right legal team working to protect you, you may be able to avoid massive fines, decades of prison time, and lasting reputational damage.
The proven criminal defense attorneys at Kostopoulos Law Group have decades of experience helping those charged with drug crimes avoid a lifetime behind bars. To learn more about how we might be able to help you, contact us to schedule a free consultation.
