Bloomington DUI

Attorney John G. Prior Jr. has extensive experience trying cases both in Western and Central Illinois.
Read more about Mr. Prior's experience as an Illinois Attorney.

Criminal Offenses

Bloomington, IL

Criminal Attorney

Possession Of Controlled Or Counterfeit Substance

Definition of Possession Of Controlled Or Countfeit Substance. In Illinois, a person commits the offense of possession of a [(controlled) (counterfeit)] substance when he knowingly posesses a substance containing a [(controlled) (counterfeit)] substance [and the substance containing the [(controlled) (counterfeit) ] substance weighs [ (____ grams or more) (_____ grams or more but less than ____ grams) ] ]. 17.27 Illinois Pattern Jury Instructions - Criminal 4th Edition

Issues In Possession Of Controlled Or Counterfeit Substance - To sustain the charge of possession of a [ (controlled) (counterfeit) ] substance [when the substance containing the [ (controlled) (counterfeit)] substance weighed [ (___ grams or more) (_____ grams or more but less than ____ grams)] ], the State must prove the following proposition[s]: That the defendant knowingly possessed a substance containing [(____, a controlled substance) (a counterfeit substance)]. [or] First Proposition: That the defendant knowingly possessed a substance containing [(_______, a controlled substance) (a counterfeit substance)]; and Second Proposition: That the weight of the substance possessed was [ (____ grams or more) (____ grams or more but less than ____ grams) ]. 17.28 - Illinois Pattern Jury Instructions - Criminal 4th Edition In order for the defendant to be found guilty of the offense of possession of controlled or counterfeit substance, the State must prove each proposition beyond a reasonable doubt.

Sentencing - The charges can range from alleged misdemeanor or felony offenses. For example, any person who possesses any amount of anabolic steriod is guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for a subsequent offense committed within 2 years of a prior conviction. 720 ILCS 570/402 (d) On the other hand, any person who possess the following amounts of any substance containing cocaine is guilty of a Class 1 felony and shall, if sentenced to a term of imprisonment, be sentenced as follows: (1) not less than four years and not more than 15 years with respect to 15 grams or more but less than 100 grams; (2) not not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams; (3) not more than 8 years and not more than 40 years with respect to 400 grams or more but less than 900 grams; (4) not less than 10 years and not more than 50 years with respect to 900 grams. 720 ILCS 570/402(a) (2) (A) through (D) However, any person who possess any substance containing cocaine which is less than 15 grams is guilty of a Class 4 felony. 720 ILCS 570/402 (c)

In all criminal matters it is recommended that you seek professional legal assistance to protect your constitutional rights. Lawyer John G. Prior, Jr. has experience trying cases involving possession of a controlled substance, can give legal advice, assist you with your case and ensure that your constitutional rights are protected.

If you or a loved one have been charged with possession of a controlled substance that allegedly occurred within Ford County, Livingston County, or any other county located in Central Illinois then contact us at The Prior Law Firm and schedule a free consultation.

 

Call 309-827-4300 to schedule a free consultation, or use the form below to contact us.
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Areas We Serve

Located in Bloomington, IL, The Prior Law Firm serves the criminal law needs of the following areas: