McMahon Law Offices
Charged with a drug offense in DuPage County? Get a former prosecutor who knows how the state builds drug cases and how to dismantle them. Call for a free case review.
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"Drug cases live and die on the search. If the stop was bad, the search was bad, or the lab work was sloppy, the whole case falls apart. That is where we start."
— Mike McMahon, Former DuPage County ProsecutorDrug Crime Defense Overview
A drug charge in DuPage County can carry years in prison, thousands in fines, and a felony record that follows you for life. Illinois prosecutors treat drug cases aggressively, and DuPage County is no exception.
McMahon Law Offices defends every type of drug charge in DuPage County. Possession, possession with intent to deliver, drug trafficking, cannabis charges, prescription fraud, and controlled substance offenses under the Illinois Controlled Substances Act (720 ILCS 570).
Mike McMahon spent years as a prosecutor building drug cases. He knows how narcotics units conduct surveillance, how confidential informants are used, how search warrants are obtained, and where these investigations cut corners.
We challenge illegal searches, improper traffic stops, faulty lab analysis, chain of custody violations, and every piece of evidence the prosecution plans to use against you. If there is a weakness in the state's case, we find it.
Illinois Drug Charges
| Charge | Classification | |
|---|---|---|
Possession of a Controlled Substance Possession of heroin, cocaine, methamphetamine, fentanyl, or other Schedule I/II substances for personal use. 720 ILCS 570/402 |
Class 4 Felony | |
Possession with Intent to Deliver Possession of drugs in quantities, packaging, or circumstances suggesting distribution rather than personal use. 720 ILCS 570/401 |
Class 1 to Class X Felony | |
Drug Trafficking Large-scale distribution, transportation, or manufacturing of controlled substances. 720 ILCS 570/401.1 |
Class X Felony | |
Cannabis Possession (Over Legal Limit) Possessing more than 30 grams (residents) or 15 grams (non-residents) of cannabis. Legal limits under the Cannabis Regulation and Tax Act. 720 ILCS 550/4 |
Class A Misdemeanor to Class 3 Felony | |
Cannabis Delivery or Distribution Unlicensed sale, delivery, or distribution of cannabis outside the regulated dispensary system. 720 ILCS 550/5 |
Class A Misdemeanor to Class X Felony | |
Methamphetamine Possession or Manufacturing Possession, manufacturing, or delivery of methamphetamine. Manufacturing carries enhanced penalties. 720 ILCS 646/55 & 646/60 |
Class 3 Felony to Class X Felony | |
Heroin or Fentanyl Possession Possession of heroin, fentanyl, or fentanyl analogs. Even small quantities carry felony charges in Illinois. 720 ILCS 570/402(a) |
Class 4 to Class 1 Felony | |
Cocaine Possession or Delivery Possession or delivery of cocaine or crack cocaine. Penalties escalate sharply based on quantity. 720 ILCS 570/401(a) & 402(a) |
Class 4 to Class X Felony | |
Prescription Fraud Obtaining or attempting to obtain controlled substances through forged, altered, or fraudulent prescriptions. 720 ILCS 570/406 |
Class 3 Felony | |
Drug Paraphernalia Possession of equipment, products, or materials used for manufacturing, packaging, or consuming controlled substances. 720 ILCS 600/3.5 |
Class A Misdemeanor | |
Drug-Induced Homicide Delivering a controlled substance that results in another person's death. One of the most serious drug charges in Illinois. 720 ILCS 5/9-3.3 |
Class X Felony | |
Drug Offense in a School Zone Drug delivery or possession with intent within 1,000 feet of a school, park, or public housing. Doubles the minimum sentence. 720 ILCS 570/407 |
Enhanced Felony | |
Synthetic Drug Offenses Possession or delivery of synthetic cannabinoids, bath salts, or other designer drugs classified as controlled substance analogs. 720 ILCS 570/201 |
Class 4 Felony to Class X Felony |
Drug Crime Case Results
Every result below is a real drug case handled in DuPage County.
Why McMahon Law Offices
Former prosecutors who built drug cases now use that knowledge to dismantle them.
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Mike McMahon prosecuted drug cases for the state. He knows how narcotics units operate, how confidential informants are handled, and where investigations fall apart.
Illegal traffic stops, warrantless vehicle searches, improper consent, bad warrants. If the search was unconstitutional, the evidence gets thrown out. We know where to look.
Chain of custody gaps, contaminated samples, untested substances, analyst errors. We scrutinize every step between the arrest and the lab report.
Judge Pierce spent years on the bench in DuPage County. He knows what arguments resonate with every judge hearing drug cases in Wheaton.
First offenders and non-violent drug charges may qualify for drug court, probation, or deferred prosecution. We pursue every alternative to prison time.
We prepare every drug case as if it is going to trial. Prosecutors in DuPage County know this, and that reputation produces better outcomes before we ever enter a courtroom.
How To Get Started
A simple, straightforward process from your first call to your first court appearance.
Call us or fill out our contact form. Drug charges move fast. The sooner we start reviewing evidence, the stronger your defense.
Tell us everything about the stop, the search, how evidence was found, and what you were charged with. Every detail matters in a drug case.
We review police reports, search warrants, lab results, surveillance footage, chain of custody records, and every piece of evidence the state plans to use.
Dismissal, reduced charges, diversion program, probation, or not guilty verdict. We pursue the strongest outcome your case allows.
Your Drug Defense Team
A former prosecutor who built drug cases and a retired judge who sentenced them.
Areas We Serve
We defend drug charges throughout DuPage County and neighboring Illinois counties.
2150 McDonald Dr Suite 1608
Oak Brook, IL 60523
Available for in-person case reviews upon request. We defend drug cases in all of DuPage County and neighboring counties throughout Illinois.
Do not make any statements to police. Do not consent to any additional searches. Do not discuss your case with anyone except your attorney. Call a criminal defense lawyer immediately. The details of how you were stopped, searched, and arrested are critical to your defense, and anything you say can be used against you.
Yes. Drug charges are dismissed regularly when the traffic stop lacked probable cause, when the search violated your Fourth Amendment rights, when the warrant was defective, when the chain of custody was broken, or when lab results are unreliable. If the evidence was obtained illegally, we file a motion to suppress and the case often falls apart.
Simple possession means you had a controlled substance for personal use. Possession with intent to deliver means the state believes you planned to sell or distribute it. Intent is typically inferred from the quantity of drugs, packaging materials, scales, large amounts of cash, or multiple cell phones. The penalties are dramatically different. Simple possession of a controlled substance is a Class 4 felony (1 to 3 years). Possession with intent can be a Class X felony (6 to 30 years) depending on the substance and quantity.
Cannabis is legal for adults 21 and over in Illinois, but there are strict limits. Residents can possess up to 30 grams of flower, 5 grams of concentrate, and 500mg of THC in infused products. Exceeding these limits is a criminal offense. Selling cannabis without a license, possessing cannabis under 21, and driving under the influence of cannabis are all still criminal charges that carry serious penalties.
Penalties depend on the substance, quantity, and charge class. Class 4 felony possession carries 1 to 3 years in prison and fines up to $25,000. Class 1 felony possession with intent carries 4 to 15 years. Class X felony trafficking carries 6 to 30 years with no probation. Enhanced penalties apply for offenses in school zones, involving minors, or involving large quantities. Probation and drug treatment alternatives may be available for lower-level offenses.
Some drug offenses are eligible for expungement or sealing, particularly if you completed a diversion program, received probation under certain conditions, or had your case dismissed. However, many felony drug convictions cannot be expunged. This is why fighting the charge from the beginning is so important. Avoiding a conviction entirely is always the best path to keeping your record clean.
DuPage County operates a drug court program as an alternative to traditional prosecution for eligible defendants. Drug court involves supervised treatment, regular drug testing, court appearances, and compliance with program requirements. Successful completion can result in reduced charges or dismissal. Not all defendants qualify. Eligibility depends on the charge, criminal history, and whether the offense involved violence. We evaluate whether drug court is the right strategy for your specific case.
Simple possession cases typically resolve within 3 to 6 months. More complex cases involving intent to deliver, trafficking, or contested evidence can take 6 to 18 months or longer, especially if the case involves motions to suppress evidence or goes to trial. Drug court programs run 12 to 24 months. We give you a realistic timeline at your free consultation based on your specific charges.
Resources
Guides written to help you understand your drug charges, rights, and options.
Get Started
Submit a contact form or call us to schedule your free drug case review. The sooner we review the evidence, the stronger your defense.
Your information is confidential and protected by attorney-client privilege. We will never share your information.
