ARRESTED FOR COCAINE? WHAT ARE YOU LOOKING AT? | Robert J Callahan | Chicago, IL Criminal Defense Lawyer

In Illinois, cocaine is a Schedule 1 drug. Possession of any amount of cocaine is a felony. That means if you get convicted, not only could you go to prison, at the very least, it stays on your record. An arrest for any type of cocaine case is a serious criminal offense. If you or a loved one is arrested on cocaine charges, you have a lot of questions. You want to know what you’re facing and if you can beat it? At Robert Callahan & Associates, we’ve got answers. Let’s get down to business: Cocaine Possession Defined
“It is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.” 720 ILCS 570/402. What does it mean to knowingly possess something under the law? Knowledge is defined by the Illinois Supreme court as the conscious awareness that circumstances exist and/or the awareness of the substantial probability that the fact exists.^[1] This legalese basically boils down to the ordinary concept of awareness. Was the person aware of the illegal contraband? More importantly, how can this awareness be proven? Under Illinois law, a person can control something in two ways: actual possession or constructive possession. Actual possession is exactly how it sounds. The item is on your person in some exclusive and immediate manner, be it in your pocket, in your wallet, or in a body cavity, etc.^[2] Constructive possession is defined by one's ability and intent to control an item.^[3] Most significantly, if two or more persons share the power to control a thing, each person can be charged with possession of the contraband.^[4] A common example of this is when contraband is found in a vehicle with multiple occupants, all occupants can be charged with possession. What Am I Facing For a Possession of Cocaine arrest
? Amount Sentence Probation-Eligible? % of Time

0-15 grams	Cl. 4 Felony 1-3 years IDOC	YES	50%
15-100 grams	Cl. 1 Felony 4-15 years IDOC	YES	50%
100-400 grams	Cl. 1 Felony 6-30 years IDOC	YES	50%
400-900 grams	Cl. 1 Felony 8-40 years IDOC	YES	50%
900+ grams	Cl. 1 Felony 10-50 years IDOC	YES	50%

Possession with Intent/Manufacture/Delivery of Cocaine “It is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance.” 720 ILCS 570/401. What Am I Facing For a Possession with Intent/Manufacture/Delivery of Cocaine arrest
? Amount Sentence Probation-Eligible? % of Time

0-1 grams	Cl. 2 Felony: 3-7 years IDOC	YES	50%
1-15 grams	Cl. 1 Felony 4-15 years IDOC	YES-for 0-5 grams NO-for 5+ grams	50%
15-100 grams	Cl. X Felony 6-30 years IDOC	NO	75%
100-400 grams	Cl. X Felony 9-40 years IDOC	NO	75%
400-900 grams	Cl. X Felony 12-50 years IDOC	NO	75%
900+ grams	Cl. X Felony 15-60 years IDOC	NO	75%

What is Cocaine Trafficking?
(A)ny person who knowingly brings or causes to be brought into this State for the purpose of manufacture or delivery or with the intent to manufacture or deliver a controlled substance other than methamphetamine or counterfeit substance in this or any other state or country is guilty of controlled substance trafficking.” 720 ILCS 570/401.1(a). What Am I Facing For a Cocaine Trafficking arrest? The sentence for cocaine trafficking is simple, and scary. Take the above table for Possession w/Intent/Delivery and double it. “A person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than twice the minimum term. . .” 720 ILCS 570/401.1(b). DIFFERENCE FOR CRACK COCAINE Illinois law makes no distinction between crack and powder cocaine. The punishment is the same whether it is crack or powder. Just as long as it’s positive for “cocaine, its salts, optical and geometric isomers, and salts of isomers…” 720 ILCS 570/102(aaa)(5). POSSESSION WITH INTENT-500 FEET RULE The sale of 1-15 grams of cocaine is normally a cl. 1 felony. That changes if the place you are arrested is at, or within 500 feet of a:^[5]

School (if during hours people under 18 reasonably expected to be there)
Public Park
Religious building
Senior Citizen housing/center

Punishment

The normal cl. 1 felony for possession with intent to deliver/delivery of 1-15 grams turns into a cl. X felony, with a maximum fine of up to $500K, if you are in any of the above areas at the time of the arrest/sale. PRIOR FELONY RECORD If you have prior felony convictions and you’re convicted of a cocaine offense, you could be subject to extended-term sentencing. “When a defendant is convicted of any felony, after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts…” 730 ILCS 5/5-5-3.2(b)(2). LEGAL DEFENSES In any type of drug case, possession or delivery, there are certain things the State will need to establish to prevail. These are what an experienced criminal defense attorney attacks. Why were you stopped/seized/arrested? What is the reasonable suspicion or probable cause? How can the police justify their search under the 4th amendment? Beyond that, at trial, the State has to prove knowledge and control of the alleged drugs beyond a reasonable doubt. These concepts, or rather the absence of them, are the main defenses to defeat a drug case. Just as a successful prosecution for a possession charge revolves around proving the defendant's knowledge and control, a successful defense proves they don't exist. At Robert Callahan and Associates, we thoroughly investigate every case by examining not only how the State will prove our client had knowledge and control, but how we can prove our client didn't. We use a proactive, aggressive approach to identify exactly what evidence the State will use, how they will use it, and how to defeat it. If the case involves a search warrant, we thoroughly analyze it. If it involves a witness, we have an investigator who can interview them. *Cocaine Immunity Statute: In 2017, Illinois passed the so called “Good Samaritan Overdose Law.” Basically, this law provides immunity from prosecution for people caught with cocaine while trying to obtain emergency medical services. “A person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the Class 4 felony possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is within the amount identified in subsection (d) of this Section.” 720 ILCS 570/414(b). For Cocaine, less than 3 grams or less enjoy protection from this statute. Let’s say you overdose with 2 grams of cocaine in your pocket. You’re passed out on the street, the cops and paramedics come, and while administering medical aide, they discover the 2 grams. Under this new law, you would be immune from prosecution. Now if you had 3 or more grams on you…..sorry. CONCLUSION If you have been arrested for cocaine, you have a serious legal problem, no matter if you are possessing or selling cocaine. A problem that could end in you going to IDOC. Clink, close the cell door. There are no misdemeanor cocaine charges. Whether or not you have a criminal history, if you get arrested for cocaine, at the very least, you’re looking at becoming a felon if you get convicted. Want to avoid that? You need an experienced criminal defense firm with extensive experience in criminal drug litigation. At Robert Callahan & Associates, we have handled thousands of drugs cases. We know how to get you or your loved one the best option in the face of serious, life changing consequences. Call us at 312 322 9000 to discuss your case right now. cocaine charges don’t just go away, unless you want them to follow you for the rest of your life. Robert Callahan & Associates is here to help. Call us. ^[1] Il. Jury Instructions 5.01B ^[2] IL Sup Ct J.I. 4.16. A person has actual possession when he has immediate and exclusive control over a thing. ^[3] Il J.I. 4.16: A person has constructive possession when he lacks actual possession of a thing but he has both the power and the intention to exercise control. ^[4] Id. At [2] ^[5] 720 ILCS 570/407(b)(1).

arrested for cocaine