Double Jeopardy: Facing Firearm and Drug Charges in Illinois

 Posted on June 25, 2025 in Drug Crimes

Federal agents raided a home in the suburb of Frankfort, IL, last week, charging the owner of the home and his girlfriend (who lived across the street in an apartment) with running a massive fentanyl and cocaine operation. In addition to the home, the man’s storage unit in Alsip was raided. Drugs, weapons, and cash were found in the storage unit. The complaint stated that the girlfriend’s apartment was being used as a drug lab.

After suspicions that the two were running a drug operation, a hidden camera was set up in a flowerpot outside the woman’s third-floor apartment. At one point, the man left the apartment with a comforter that contained 1.5 kilograms of fentanyl and 850 grams of cocaine. A cache of firearms was also found with money and drugs at the man’s house. In the state of Illinois, facing a drug offense or a firearm offense is serious, but both charges together significantly escalate the legal penalties.

When the presence of illegal firearms is added to drug charges, it can lead to mandatory minimums, enhanced penalties, and federal charges in some cases. It is crucial to understand how Illinois treats these overlapping offenses. The best way to do that is to speak to an experienced Joliet, IL criminal defense attorney who is skilled in defending both sets of charges.

What Are Some of the Most Common Drug Offenses in Illinois?

The most common drug crime in the state is possession of a controlled substance, such as fentanyl, LSD, methamphetamine, morphine, cocaine, and heroin. Possession of any of these drugs is a felony, although the punishment depends on the amount of the drug in the individual’s possession.

Illegal manufacturing of a controlled substance includes chemically synthesizing, packaging, labeling, producing, or compounding a controlled substance. Drug trafficking and distribution involve bringing a controlled substance into the state of Illinois, and it is a federal crime.   

Why Does the Presence of Firearms Elevate Drug Charges?

While being charged with a drug crime is serious enough on its own, when weapons are involved, the penalties increase exponentially. Charges could include carrying a firearm while selling or distributing a controlled substance, possession of a firearm while possessing a controlled substance, and using or carrying a firearm during a drug offense. The type of weapon is taken into account as well when determining charges and penalties. Prosecutors tend to believe that a defendant is more dangerous when weapons are present along with drugs.

What Are the Legal Consequences of Drug and Firearm Charges?

The specific penalties for the offenses listed above will depend on the amount of drugs, the type of drug, and the type of weapon, but defendants can expect:

• Class 1 (between four and 15 years in prison) or Class X (between six and 30 years in prison) felony charges
• Mandatory minimum sentencing with no option for probation
• Enhanced sentencing if a firearm is discharged or used during a drug crime (firing a weapon during a drug crime can add 15 years or more to the sentence)
• Federal charges if state lines were crossed.

Are There Valid Defenses for Drug and Firearm Charges?

Depending on the situation and the evidence, an experienced criminal defense lawyer may argue one of the following to defend against drug and gun charges:

• Neither the drugs nor the weapons belonged to the defendant.
• There was no intent to sell or distribute drugs.
• The drugs were for medicinal purposes.
• The search and seizure were not lawful.
• The defendant was coerced.
• The firearm was not nearby, so it was not connected to the drugs.
• The defendant had no knowledge of the firearms or drugs.  

Contact a Will County, IL Criminal Defense Lawyer

If you are facing serious charges of drug possession/trafficking, along with weapons charges, it is extremely important that you speak to a knowledgeable Joliet, IL criminal defense attorney from Law Office of Eric J. Blatti, P.C.. Attorney Blatti is a local to the Joliet area and has experience working as a public defender, which affords him good relationships with prosecuting attorneys and judges. Call 815-744-2500 to schedule your free consultation.