Caught with Fentanyl: Defense Strategies

 Posted on October 20, 2022 in Drug Charges

Fake pills laced with fentanyl are being seized at record rates across the nation and Illinois is no exception. Fentanyl supply is also up in the state. If your troubles revolve around drug crimes you could be facing extremely serious charges. You may have been caught up with the wrong crowd, but whatever your situation, we are here to try to help.

Intent to Sell

Illinois makes possession of drugs a felony in all cases, with the exception of marijuana. If you are arrested for drug trafficking you will also be charged with the intent to distribute the drugs. And even if the manufacturing or delivery is not successful, possession with intent can still result in charges for drug trafficking.

Defense Strategies

We may be able to negotiate a deal to reduce the charges in some circumstances. For example, drugs may contain deadly levels of fentanyl, but it would be very difficult to tell that just by appearance. You would need to test the drugs with fentanyl test strips to be certain.

If your case goes to trial here are some key factors we take into account as we build your defense:

• Authorities have the wrong person

• Drugs found did not belong to you

• You were unaware the drugs were fake Fentanyl

• There was not probable cause to search you or your property

Punishment and Fines 

A single charge can be prosecuted as a Class X felony, which can carry 30 years to life in state prison. Here is a breakdown as it relates to common drugs, including fentanyl: 

Class X Felonies: fentanyl, heroin, fentanyl, LSD

•           6 to 30 years in prison for 15 to 100 grams;

•           9 to 40 years in prison for 100 to 400 grams

•          12 to 50 years for 400 to 900 grams

•          15 to 60 years in prison for over 900 grams

Class 1 Felonies: fentanyl, heroin, cocaine

• 4 to 15 years in prison for 1 to 15 grams

Class 2 Felonies: fentanyl, amphetamine, LSD analogs, BZP

• 3 to 7 years in prison for amounts less than 1 gram and a fine of up to $200,000

If you use your cell phone for trafficking, that is also a Class 2 felony. If convicted, you could wind up in prison for three to seven years and face a fine of up to $100,000.

Contact a Wheaton, IL Drug Crimes Attorney 

If you are facing drug-related charges call 630-580-6373 for a free consultation. At [[title] we are highly experienced and familiar with federal and state drug laws. A DuPage County drug crimes attorney can try to help you come up with potential defenses to minimize your legal consequences.  

Sources:

https://www.ilga.gov/legislation/102/HB/10200HB0017sam002.htm

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K401.1

https://dph.illinois.gov/topics-services/opioids/idph-data-dashboard/statewide-semiannual-opioid-report-may-2022.html