A Chicago-area man was recently charged with possession of 900g of cocaine, nearly a kilo. The suspect has been charged with possessing a controlled substance, which is a Class-2 felony and possession with intent to deliver, a Class-X felony. A Class-X felony is the most serious felony you can be charged with short of first-degree murder. Mandatory minimum sentences depend on the weight of the drugs involved in the crime, but they run from six to 30 years behind bars.
The defendant was arrested based on a tip. Police then executed a search warrant of the man’s premises and found him in possession of a lot of cocaine.
Class X Felonies for Drug Trafficking Plus Enhancements
Once the police have you on possession of a controlled substance, they will ask themselves: Can one person consume this much cocaine over the course of a week without dying? If the answer is no, then you are likely to face charges for drug trafficking. The next question the police ask themselves is: How much substance was the defendant found to possess? In the case of 900 grams or more, you are facing super enhancements. These are known as Super X crimes because they are the harshest penalties you can face without killing somebody.
Those convicted of a Super X for drug trafficking will face a mandatory minimum of 15 years in state prison with a potential sentence of as many as 60 years.
What About a Plea Agreement?
Plea agreements are possible in cases in which the prosecution’s case is not as strong as it should be. While we do not know any of the details, one of the avenues to attack the prosecution’s case is the tip that led to the search warrant of the defendant’s home. Anonymous tips leading to search warrants are great for police officers who would otherwise not have probable cause to raid a home, but this feels awfully convenient.
For example, if another law enforcement agency was conducting surveillance on the defendant or another defendant and this individual got rolled into the prosecution, then the scope of the warrant may preclude using this information against another defendant. If another law enforcement agency called in the tip and left it anonymously, that could create a probable cause problem for the prosecution. Since the entirety of the prosecution’s probable cause was based on an anonymous tip, one would imagine that the only folks with a vested interest in seeing the defendant arrested are law enforcement and his business competitors. The latter happens more frequently than you would think.
Nonetheless, the man was found in possession of cocaine so his best bet will be to attack the legality of the search warrant and anonymous tip that led to his arrest.
Talk to a Chicago Drug Crimes Attorney Today
If you need representation for a criminal charge in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.