Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. Drug laws are often touted as necessary to catch and prosecute drug kingpins; the legislative intent section of the Illinois Controlled Substances Act (720 ILCS 570/100) notes: It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. In practice, however, the brunt of Illinois drug law enforcement does fall on people who possess small amounts of drugs, not large-scale traffickers. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. 5/2-7, 730 Ill. Comp. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Stat. About Our Agency; About Our Facilities; Historical Information 1) Convicted of a controlled substance offense. Additionally, an attorney can help ensure your rights are protected and assist with determining what legal defenses you may have at your disposal, including defenses related to illegal searches and seizures. Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. Mr. Wolfe has tried over 300 cases to verdict and represents clients facing investigation or prosecution for a broad range of state and federal criminal offenses, including murder, embezzlement, sexual abuse, drugs, marijuana and white collar crimes. A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by incarceration of up to 30 days and a fine of up to $1,500. Stat. The way your family and friends see you can be permanently altered, not to mention the impact it can have on your future career or education. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. Stat. Stat. Elements of a Drug Possession Charge Chicago Appleseed Center for Fair Courts. Anyone convicted of first-degree murder must be sentenced to a minimum of 20 years and a maximum of 60 years in prison (or between 60 and 100 years for an extended term). Offenses. Schedule I drugs: opiates, certain opium derivatives, and hallucinogenic substances Schedule II drugs: coca leaves, oxycodone, codeine, and methamphetamine Schedule III drugs: buprenorphine, some steroids, and ketamine Schedule IV drugs: alprazolam, diazepam, and tramadol The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. Then read below to learn about possible charges and sentences. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. The two major differences between drug . When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . This article concerns the unlawful possession of controlled substances. ), (720 Ill. Comp. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. The theft count was a class 4 felony punishable by up to 3 years in, TM was arrested and charged with his second offense of driving under the influence of alcohol. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. Stat. 5/5-4.5-45, -50 (2019).). Possessing drugs You may be charged with possessing an illegal substance. Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. These consequences are particularly disproportionate with the possession of small amounts of drugs. Dupage County Lawyers These effects are felt most acutely by Black people charged with crimes. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Understanding White Collar Crimes In Illinois, Anyone found in possession of 15 grams or more of heroin, cocaine or morphine, but less than 100 grams, may be sentenced to 4 to 15 years in prison and fined up to $200,000, Anyone found in possession of 100 grams or more of heroin, cocaine or morphine, but less than 400 grams, may be sentenced to 6 to 30 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of heroin or cocaine, but less than 900 grams, may be sentenced to 8 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of morphine, but less than 900 grams, may be sentenced to 6 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, A prison sentence of 6 to 30 years, and a fine of up to $500,000, if the alleged crime involves 15 to 99 grams of heroin, cocaine or morphine, A prison sentence of 9 to 40 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 100 to 399 grams of heroin, cocaine or morphine, A prison sentence of 12 to 50 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 400 to 899 grams of heroin, cocaine or morphine, A prison sentence of 15 to 60 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves more than 900 grams of heroin, cocaine or morphine. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible. Zone C: Sentences range from 10 months to 18 months. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Stat. GLW had alleged, MA was arrested for felony possession of controlled substances after being arrested for taking a sledgehammer and breaking into his estranged wifes home. These drug laws also disproportionately impact Black Illinoisans. Class 2 felonies are punishable by 3 to 7 years in prison. Sentences for Drug Charges In Texas. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . (730 Ill. Comp. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. 5/9-1; 730 Ill. Comp. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Stat. We sought to explore (1) what quantities of drugs were involved in seizures of drugs in traffic and pedestrian stops and in arrests; (2) whether drug arrests and seizures were occuring in a racially disproportionate manner; (3) how initial charges in low-level possession cases chosen by police and prosecutors affected case outcomes, and (4) how much money county and state governments spend on incarcerating people for possessing small amounts of drugs. Much of this complexity can be attributed to the simple fact that both Illinois and federal lawmakers have passed their own laws essentially creating two systems, each with its own penalties. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. participating in the manufacture of 15 or more grams of meth. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). However, the penalties can vary greatly from state to state. Any amount . 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. Between 2018 and 2021, the Illinois Department of Corrections records show that 4,479 people were sentenced to incarceration and served time in prison for low-level possession charges. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. The number of federal crimes has long believed to be virtually uncountable. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq.