Simple possession charges are not the only type of drug possession charge that can be brought against an individual here in Illinois. Depending on the specifics of the allegations, a person accused of possessing a controlled substance may face a heftier class of possession charge: possession with the intent to deliver or manufacture.
Why does it matter whether a person is facing a simple possession charge or a charge of possession with the intent to manufacture or deliver? For one, what prosecutors need to prove for a conviction varies between the charges, so what type of charge is brought can impact what the central issues of a possession case could end up being.
Also, possession with intent charges generally have more severe possible penalties attached to them than simple possession charges. A person could face a prison term of up to 60 years for the most severe types of possession with intent charges.
Thus, whether the charges that have been brought against an individual are simple possession charges or possession with intent charges can be a very impactful thing in a drug possession case.
One of the things that attorneys experienced in criminal defense can do for individuals who have had possession with intent charges brought against them is look over what evidence prosecutors have supporting the charges. Such reviews can help uncover whether there are any deficiencies in the prosecution’s evidence that could be grounds to seek to have the charges dropped completely or reduced to simple possession charges.
Source: FindLaw, “Illinois Drug Possession Laws,” Accessed Oct. 22, 2014