State Drug Crimes

The Belleville law office of Lyndon P. Evanko, P.C helps individuals facing drug charges in state courts throughout southwestern Illinois, including Madison, Monroe, and St. Clair counties.

As noted on the federal drug crimes page, state governments and the federal government both criminalize the manufacture, distribution, and possession of certain drugs.  In general, state laws tend to impose lesser sentences than the federal level, but state courts and juries have wide discretion on the punishments they may impose.  Securing effective legal representation is an essential aspect of minimizing the impact of a drug conviction, not to mention possibly obtaining an acquittal or having the charges dismissed entirely.

Crimes and Punishments

Illinois drug crimes include possession, sale, manufacture, or possession with intent to traffic.  As far as punishments go, cannabis (marijuana) is treated separately from cocaine, heroin, morphine, methamphetamine, and LSD.  Possession of cannabis ranges in severity from a misdemeanor to a felony with sentences up to 15 years in the penitentiary and a $25,000 fine, depending upon how much of the drug is involved.  Possession of other drugs is a felony from the start, with fines and prison terms extending up to $200,000 and 50 years in the penitentiary.  Possession of anabolic steroid or nitrous oxide is also criminal in certain circumstances, and possession of nitrous oxide with intent to sell is a felony.  Prescription forgery is a felony, and possession of drug paraphernalia is a misdemeanor.

Sentence Enhancements

In certain instances sentences may be automatically enhanced, for instance if the arrestee is in possession of a firearm at the time of a drug arrest, or if possession or sale or drugs occurs within 1500 feet of a school, church, public park, or movie theater.  In these instances, both the fine and sentence may be doubled.  State law also provides penalty enhancements for using a firearm during the commission of an offense; these apply equally to drug crimes, and can add anywhere from 15 years to life imprisonment to a drug conviction.

Student Aid is also affected by a drug conviction.  Under student aid laws, a person cannot obtain any government student aid, loans, or grants for one year after a first conviction for possession, for two years after a second conviction, or indefinitely following a third conviction.  These penalties increase in scope if the conviction is for sale of drugs as opposed to possession, and apply whether the conviction was for a felony or misdemeanor.

Seek Experienced Legal Representation

Given the serious, long-term, and life-altering potential penalties for even a first offense, it is imperative that any person charged with a drug crime obtain the assistance of an experienced criminal defense lawyer.  Lyndon P. Evanko has defended people accused of criminal activity in Illinois state and federal courts for 15 years.  If you have been arrested or charged with a drug crime in Illinois, contact Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 for a free consultation.