What evidence is required to show Manufacture/Delivery of Drugs in Illinois?
Whether a person is charged with the sale of Marijuana (Cannabis), Cocaine (Crack), Heroin, or Methamphetamine, the State is required to prove that the person sold or intended to sell the controlled substances.
The most common ways that the prosecutor is able to prove the accused sold drugs or intended to sell drugs are:
- The person admits to selling drugs to the police officer;
- The person sold to an undercover police officer;
- A confidential informant video recorded the sale; or
- The amount of drugs is so large as to indicate that it is a distribution amount.
For example, if a person is caught with a kilogram of cocaine, it is very difficult to believe that would be a personal use amount of drugs. However, if a person is caught with under a gram of cocaine, it is very arguable that it is a personal use amount.
Fighting Cases Where the Accused is Over-Charged
The tough cases for prosecutors are not those listed above. Where it is difficult for a prosecutor is when they are trying to prove a few grams of cocaine or heroin are a distribution amount or, as it relates to marijuana, under an ounce. This is because it is common for people to carry and use drugs in these amounts. Our Criminal Defense Lawyers know how to attack the prosecution’s case when they allege that a person sold drugs but merely possessed them.
Under Illinois law, the minimum required for the affirmance of a conviction for delivery involving small amounts of drugs is possession of the controlled substance packaged for sale, plus at least one additional factor indicative of delivery. People v. Beverly, 663 N.E.2d 1061(1996). The additional factors are:
- Whether the quantity of controlled substance in defendant’s possession is too large to be viewed as being for personal consumption;
- The high purity of the drug confiscated;
- The possession of weapons;
- The possession of large amounts of cash;
- The possession of police scanners, beepers or cellular telephones;
- The possession of drug paraphernalia; and
- The manner in which the substance is packaged. Id.
If one or more of these factors are not present and you are charged with Possession with Intent to Deliver or Manufacture/Delivery of a Controlled Substance, it is possible that you are over-charged and not guilty of the offense. In addition, the factors discussed above are from a 1996 case when cellphones were not commonplace. If you have been charged with any crime in Springfield, Illinois or Central Illinois, contact our Criminal Defense Lawyers today for a Free Initial Consultation at (217) 414-8889.