Drug crimes can not only lead to lengthy jail sentences and considerable fines but also long-term impacts on personal freedoms. For example, many companies will not hire an individual with a drug offense on their record. People facing drug charges are often unsure of what steps to take or how to protect themselves. If you have been charged with a drug offense, it is essential to work with a St. Charles drug lawyer. A criminal defense attorney at Restoration Law LLC could help protect your rights and present a compelling defense to avoid a conviction.
Penalties for Drug Charges
Drug-related crimes can include anything from possession and use to distribution, each with its own penalties. The court may also consider the person’s criminal history, including any prior offenses, during sentencing.
Marijuana Possession
Possession of cannabis is considered a misdemeanor and may lead to up to $1,000 in fines and six months in jail. Additionally, using cannabis in a public place can result in fines of up to $50 for a first offense and $150 for a second offense.
Other Drug Possession
While possession of other drugs is also classified as a misdemeanor, they can carry harsher penalties, depending on the type and amount of the drug in the individual’s possession. Possible consequences include:
- Fines of up to $5,000 and one year in jail for a first offense
- Fines of up to $5,000 and up to eighteen months in jail for a second or third offense
- Fines of up to $5,000 and up to two years in jail for a fourth or subsequent offense
A St. Charles attorney could evaluate a person’s drug charge to determine the severity of the penalties they face and work toward reducing or dismissing the charges.
Possession With Intent To Distribute/Drug Distribution
Possession with intent to distribute, or distribution of controlled substances, carries harsher penalties than possession alone. Individuals found with more drugs than would reasonably indicate personal use may face possession with intent to distribute charges due to the volume. While the penalty depends on the drug involved, potential consequences include:
- Up to five years in prison and a fine of up to $15,000 for a drug that is not Schedule I or II, heroin, fentanyl, or a hallucinogenic
- Up to 20 years in prison and a fine of up to $15,000 for a first offense involving Schedule I or II narcotic drugs, or for any offense involving LSD, PCP, or hallucinogens
- Up to 25 years in prison and a fine of up to $25,000 for a second offense involving Schedule I or II narcotic drugs
- An additional 10 years in prison (a total of 20-25 years in prison) for offenses involving heroin or fentanyl
Offenders may also face further charges for the manufacturing or distribution of illegal substances over a certain amount. Determined legal counsel could advocate for reduced penalties or work toward getting the charges dropped by challenging the evidence or negotiating a plea agreement.
Defense Strategies for Drug Offenses
A lawyer could help an individual accused of drug crimes in St. Charles present a robust defense to restore their freedoms and protect their future. Common legal defenses for drug crimes include:
- Entrapment
- Planted drugs
- Insufficient evidence
- Unintentional possession
- Unlawful search and seizure
If an attorney is unable to get a person’s charges dismissed, they could advocate for a lesser sentence, reducing the long-term impacts on their life.
Talk With a St. Charles Drug Attorney To Discuss Your Case
Dealing with drug charges can feel incredibly daunting. A St. Charles drug lawyer could provide the support you need to help restore your freedom and peace of mind. Reach out to Restoration Law LLC today to learn more about your rights and potential legal options.
