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What to Do if You’re Charged with Drug Trafficking in Chicago
|Last Updated on: 30th September 2023, 09:57 pm
What to Do if You’re Charged with Drug Trafficking in Chicago
Hey there, my name’s Alex and I’m a law student here in Chicago. If you’re reading this, chances are you or someone you care about has been charged with drug trafficking. I get it – this is scary stuff. Trafficking charges are no joke and can totally turn your life upside down if you’re not careful. But don’t panic! There are things you can do to protect yourself and get the best possible outcome. I wrote this article to walk you through the basics of how to handle a trafficking charge in Chicago. I’ll explain the law, potential penalties, and legal defense strategies. My goal is to empower you with knowledge so you can make smart choices. Let’s get to it!
The Basics of Illinois Drug Trafficking Laws
In Illinois, drug trafficking charges usually fall under the Controlled Substance Trafficking Act. This law is designed to crack down on large drug operations by imposing harsh mandatory minimum sentences. Here’s a quick overview of how it works:
- Trafficking means manufacturing, delivering, or possessing large quantities of drugs with intent to manufacture or deliver. It’s about distribution, not just personal use.
- Penalties are based on the type and amount of drug involved. The more serious the drug and the larger the quantity, the harsher the punishment.
- Sentences for trafficking are mandatory minimums. That means judges don’t have much leeway – they have to impose at least the minimum number of years in prison.
Unlike some states, Illinois doesn’t have a separate law just for “drug kingpins.” But in practice, kingpins are charged as major traffickers under this Act. The possible prison sentences are extremely long – we’re talking 20 years to life in some cases.
Understanding the Charges Against You
The specific trafficking charges you’re facing will determine the likely penalties. To start planning your defense, you’ll need to understand exactly what you’re up against. Here are some key questions to ask your attorney:
- What substance am I charged with trafficking? The type of drug matters a lot.
- What is the weight or quantity alleged? The amount directly affects prison time.
- Does the charge indicate intent to deliver or manufacture? This makes it a trafficking rather than simple possession charge.
- Are there any sentencing enhancements like school zones, public housing, or minors? These can ratchet up the minimum sentence.
- Is this state or federal court? Federal charges tend to be more severe.
Don’t be afraid to ask your lawyer lots of questions until you understand the charges backwards and forwards. The more you educate yourself, the better you can participate in building your defense.
Potential Penalties for Drug Trafficking Convictions
Like I said earlier, trafficking convictions bring mandatory minimum prison sentences. Here’s a quick breakdown of the potential penalties under Illinois law (federal charges may be harsher):
- Class X felonies: 6-30 years in prison
- Class 1 felonies: 4-15 years in prison
- Class 2 felonies: 3-7 years in prison
- Class 3 felonies: 2-5 years in prison
In addition to imprisonment, you’ll face heavy fines up to $25,000 or more. Your driver’s license will be suspended for at least 1 year as well. Trafficking convictions can also lead to asset forfeiture, meaning law enforcement seizes your money and property. And don’t forget about life after prison – a felony record makes it really tough to get a job, rent an apartment, or apply for student loans.
Building Your Defense Strategy
Don’t lose hope! Experienced Chicago drug crime lawyers can often negotiate reduced charges or even get cases dismissed. But it takes strategy and hard work to make that happen. Here are some defense concepts that may apply in trafficking cases:
- Illegal search and seizure – If police didn’t have probable cause for a search, the evidence could be suppressed. Talk to your lawyer about whether this applies.
- Entrapment – Undercover officers can’t improperly induce you to commit a crime. This isn’t a common trafficking defense but could apply.
- Lack of intent to distribute – Prosecutors must prove you intended to manufacture or deliver drugs. Just having a large quantity doesn’t necessarily prove intent.
- Chain of custody issues – If the police mishandled evidence, it weakens the prosecution’s case.
- Misidentification – If witnesses incorrectly ID’d you or police arrested the wrong person, it creates reasonable doubt.
In addition to these defenses, your lawyer will look closely at the strength of the prosecution’s evidence. Any holes or weaknesses can be exploited to get charges reduced or dismissed through plea bargaining. Don’t lose hope – keep fighting!
Considering a Plea Bargain
Given the lengthy mandatory minimums for trafficking convictions in Illinois, many defendants consider pleading guilty in return for a lesser sentence. This is called a plea bargain. The judge and prosecutors have more flexibility in sentencing if you plead guilty. Before accepting any plea deal, make sure you understand:
- What charges you’ll plead guilty to – they may be reduced charges
- The expected prison sentence and/or probation terms
- What you’re giving up by not going to trial – sometimes it’s better to take your chances!
Discuss the pros and cons fully with your attorney. Negotiating pleas is an art – you need an experienced lawyer fighting for the best deal possible. Don’t rush into anything without understanding all your options.
Finding the Right Lawyer for Your Case
Speaking of lawyers, choosing the right attorney is critical when you’re facing drug trafficking accusations. Look for these things:
- Extensive experience defending trafficking cases in Chicago
- Knowledge of both state and federal drug laws
- Good relationships with local prosecutors and judges
- A track record of getting charges reduced and penalties minimized
- Someone who will take the time to understand your case and goals
Don’t just flip through the Yellow Pages – ask around about lawyers with the right expertise. This is not the time to skimp on legal fees either. The stakes are so high here that a dedicated lawyer is worth every penny.
Staying Strong Through the Legal Process
I won’t lie to you – facing trafficking charges
keep writing after: This is not the time to skimp on legal fees either. The stakes are so high here that a dedicated lawyer is worth every penny.
Staying Strong Through the Legal Process
I won’t lie to you – facing trafficking charges is scary and the legal process is grueling. You’ll have a lot of anxiety, stress, and sleepless nights. Here are some tips to stay strong mentally and emotionally:
- Talk to friends and family – don’t isolate yourself! Having a support system is so important.
- Stay busy with work, hobbies, exercise – anything to keep your mind occupied.
- Avoid drugs and alcohol – they’ll only make things worse in the long run.
- See a counselor or therapist – they can help you process emotions productively.
- Practice relaxation techniques like deep breathing, yoga, or meditation.
- Keep up with normal routines as much as possible for a sense of normalcy.
- Get enough sleep, eat healthy foods, and take care of yourself physically.
- Write in a journal to express your feelings and document this experience.
Leaning on your support network and taking care of your overall health will help you stay strong. This will pass – don’t lose hope! With the right legal strategy, you can get through this.
Preparing Financially for Your Legal Defense
Unfortunately, mounting a strong defense against trafficking charges costs money. Here are some tips to get your finances in order:
- Be upfront with your lawyer about your financial situation – they may offer payment plans or reduced fees.
- Consider borrowing money from family or taking out a loan if needed.
- Get copies of your credit reports and resolve any issues immediately.
- Cut unnecessary expenses – downgrade your lifestyle temporarily.
- If employed, ask your boss for overtime hours or a salary advance.
- Explore selling assets – your car, jewelry, electronics, etc.
- Contact credit card companies and ask for reduced payments.
Having a plan to pay legal fees reduces stress. You want your lawyer focused on your defense, not how you’ll pay them. Don’t let finances prevent you from mounting the strongest case possible.
The Waiting Period Before Trial
It could take over a year for your trafficking case to go to trial. The waiting is frustrating, but this time can also work in your favor. Your lawyer can keep negotiating with the prosecution, file motions to suppress evidence, and investigate every angle of your case.
Here are some things you can do during this waiting period:
- Be patient and trust your lawyer’s strategy.
- Focus on your job, family, and other parts of life.
- Get character reference letters from people who know you.
- Consider enrolling in drug counseling or community service.
- Continue building your support system.
- Make positive changes like exercising, eating right, and reducing stress.
The waiting is tough, but don’t sit around dwelling on your case 24/7. Live your life and let your lawyer handle the legal maneuvering.
Getting Your Record Expunged if Found Not Guilty
If you’re found not guilty at trial, congratulations! But you still have a criminal record, which can hurt you when applying to jobs, renting an apartment, taking out loans etc. That’s why you should immediately pursue expungement of your record in Illinois. Here’s how it works:
- File a petition to expunge with the court within 60 days of being acquitted.
- Serve the petition on the arresting agency and state’s attorney.
- Assuming no objections, the court will likely grant expungement without a hearing.
- The arrest will be removed from your criminal record as if it never happened.
Expungement gives you a clean slate and removes barriers to jobs, housing, loans etc. Don’t let the arrest continue haunting you – get that record expunged ASAP if found not guilty!
Moving Forward After a Conviction
I hope this article gave you a good overview of how to handle trafficking charges in Illinois. Don’t panic or lose hope. With an experienced lawyer guiding you, it’s possible to get charges reduced or even dismissed. But if you do end up with a conviction, it’s not the end of the world. Here are some tips to move forward:
- Serve your time, follow probation terms, and rebuild your life after release.
- Consider applying for executive clemency in Illinois after your release.
- Petition to reduce your felony conviction to a misdemeanor if possible.
- Regain your voting rights and other privileges.
- Focus on the future – you can still have a fulfilling life.
I know it’s tough, but you have the strength to get through this. Lean on your support system, take it one day at a time, and keep fighting. You got this!
Please feel free to reach out if you have any other questions. Wishing you the very best.
– Alex
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