Don't let yourself or your loved ones become one of these statistics. 5/5-4.5-25 (2020). 5/5-4.5-40 (2020).). The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. The Assembly passed the bill, 60-12. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Ebron, Joseph +. Aggravating and Mitigating Factors for Sentencing DRUG CRIMES. 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 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Many factors can lead to an extended sentence. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. Illinois divides controlled substances into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Northbrook, IL 60062. The attorney listings on this site are paid attorney advertising. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. These rebounding numbers of prison sentences, at a time when the number of people being sent to prison statewide is decreasing, mean that Illinois may be spending millions of dollars incarcerating people for possessing small amounts of drugs for years to come. 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. Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 5/5-4.5-10 (2020).). The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. California's three strikes law passed in 1994. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. 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. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. (730 Ill. Comp. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. These consequences are particularly disproportionate with the possession of small amounts of drugs. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. Privacy Policy | SiteMap. Those mandated by law to serve at least 85% of their sentences should be eligible to reduce the time served to around 72% of the sentence. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). The counts represent the most recent totals published as of the last update to the dashboard. Selling 70 grams or more of substances containing PCP: base offense level 22. It also includes several other substances that were moved from Schedule III before the amendment, including ecstasy, GHB, and rohypnol, also known as date-rape drug. However, some individual felonies have sentence ranges that are different than the class as a whole. Drugs. In addition to the sentence of 3-7 years in prison, an aggravated criminal sexual abuse conviction may only include the possibility of parole depending on the . A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. 570/402, 730 Ill. Comp. A class 2 felony is punishable by: Class 3 Felony. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in 5/12-3.05 (2020). The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. To help this process, each crime is assigned a base offense level. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Sentenced to 36 months in prison, $5,000 fine. Possession of marijuana, under one ounce, is a misdemeanor. 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. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. 900 or more grams: Punishable by incarceration of ten to 50 years. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. Those convicted for possession of 30 to 500 grams may petition for expungement. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Illinois could change its laws at any time. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. Suite 2140 Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. Second Offense: Not more than 6 yrs. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. The sentence will be life in prison or death penalty when certain aggravating factors are present. For information, see Illinois Sale of Controlled Substance Laws. However, the sentence can also be enhanced for "serious" crimes. (720 Ill. Comp. Class 1 felonies are punishable by 4 to 15 years in prison. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. (730 Ill. Comp. Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. A class 1 felony is punishable by: Class 2 Felony. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Cook County is the county that sends the most people to state imprisonment each year. (720 Ill. Comp. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. 5/5-4.5-45, 5/5-4.5-85 (2020).). Petty offenses are minor violations punishable only by fines. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. (730 Ill. Comp. The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Possession of illegal drugs in Illinois can mean jail or prison time, depending on the amount possessed, the type of drug, and a person's criminal record. They said. Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015 "From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug . Copyright 2023, FederalCharges.com. Twenty-nine of them are convicted murderers or kidnappers. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Do Not Sell or Share My Personal Information. 3d 24 at 29, (1990)), being considered evidence of intent. About Our Agency; About Our Facilities; Historical Information Stat. 2009. ), In addition to a sentence of imprisonment and/or probation, judges may order convicted defendants to pay a fine and/or restitution to their victims for their financial losses resulting from the crime. The experienced Illinois drug charges lawyers at Wolfe & Stec, Ltd.are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements. Penalties for Fentanyl-related charges vary widely depending on the nature of the charge, how much of the drug was involved, whether the person has a criminal history, and their age at the time. Each of the five types of felony charges in Illinois has its own penalties. A class 3 felony is punishable by: Class 4 Felony. Stat. People convicted of a Class 3 felony may be sentenced to periodic imprisonment for up to 18 months or to probation for up to 30 months. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. For the sake of brevity, we will refer to charges for manufacture or, delivery, or possession with intent to deliver a controlled substance under 725 ILCS 570/401 as delivery/possession with intent.. 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. Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. Chicago, IL 60602, 3601 Algonquin Road The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. The court may double penalties for a repeat conviction under the Controlled Substances Act. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. There are 43 levels of offenses. For example, one often used practical tactic is to simply take advantage of overworked public employees. Illinois Drug Laws. Stat. This includes: People currently required to serve 75% of the sentence imposed should be eligible to reduce length of stay to 50% - the same as incarcerated people not subject to truth in sentencing laws. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance: Mere possession of a controlled substance or analog; and Possession of such substances with intent to manufacture or deliver (more severely punished). The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Sami takes the time to learn about the specific facts and circumstances surrounding each case. Stat. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. DUIs and hit-and-run accidents are two separate crimes in Illinois. This is important, as our findings challenge a common misconception that traffic stops regularly intercept large amounts of drugs moving to dealers to be sold in drug markets. (730 Ill. Comp. (District of Central Illinois). 5/5-4.5-20 (2020). 570/406.2, -408; 730 Ill. Comp. For this reason, this article is organized by offense level. Stat. Embark upon a path to recovery today. A conviction of a drug offense involving the . When facing charges for domestic violence, the impact on your life can be even more significant. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. Stat. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. Zone A: Sentences range from 0 months to six months. Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA Congressional Research Service Summary This is a chart of the maximum fines and terms of imprisonment that may be imposed as a consequence of conviction for violation of the federal Controlled Substances Act (CSA) and other drug supply and drug demand related laws. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). Suite 716 Fine not more than $250,000 if an individual, $1 million if not an individual. Copyright 2022, Azhari, LLC - All Rights Reserved. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Class X Felony. 900 grams or more - imprisonment for 15-60 years. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Prescription stimulant medications like Adderall and Ritalin. Elements of a Drug Possession Charge 30 N. LaSalle Street After that, in descending order of seriousness, are Class 1 through Class 4. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. For instance, Illinois statutes contain many other provisions that address several additional controlled substances, including methamphetamine, fentanyl, LSD and even peyote, just to name a few. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. However, rough estimates predict that there are around3,000 federal crimes on the books. The victim was a minor child, over 60 years of age, or otherwise vulnerable. Our team is committed to open communication and developing a strong relationship with each of our clients. 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). 5. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Stat. About half of the federal prison population is serving time for drug offenses. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. Zone B: Sentences range from 1 month to 15 months. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Zone D: Sentences range from 15 months to life imprisonment. Beyond the possibility of spending many years in prison, if convicted, there are numerous other long-term consequences of being a convicted felon in our state. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. Stat. Drug possession crimes can be of any class other than Class X. Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. The other is Gloria Van Winkle. TX. Sentence: 1. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Class 3 felonies are punishable by 2 to 5 years in prison. Please fill out the form below and we will be in touch soon. In addition, Illinois law calls for more severe sentences under certain circumstances. After a thorough cross examin, PG was charged with a DUI and improper lane usage. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. 750 N. Lake Shore Drive, Fourth Floor Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. The type of firearm and whether the firearm was used during the commission of a violent crime or drug trafficking crime dictates the applicable mandatory minimum sentence: Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. (730 Ill. Comp. Data Notes . As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. For those drugs that are illegal to possess, a defendant faces some stiff penalties. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. 570/402; 730 Ill. Comp. Stat. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. This charge carried with it a sentencing range from 6-30 years in jail. 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. He is an absolute professional. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. The U.S. Illinois law regulates marijuana separately. 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. (720 ILCS 570/203.) The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. There is no statistically significant difference between races in rates of reported drug use. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. Only the Attorney General of the United States has the authority to seek the death penalty. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. (720 Ill. Comp. Visitors to Illinois are allowed half those amounts. Under the bill, possession of less than 3 grams of heroin would be charged with a Class A misdemeanor, punishable by a jail sentence of less than one year. White. 5/5-4.5-35 (2020).) The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster The . Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. Call our offices today at 630-305-0222. This bill passed the house, but not the Senate. Marijuana Possession Laws in Georgia. Many opioid pain medications like Vicodin, OxyContin, and methadone. The seasoned Illinois drug crime defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation and work with you to come up with an effective defense strategy and determine whether to take a case to trial. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. He was caught with large amounts of cocaine, TH was charged with battery after being arrested for allegedly hitting an 8 year old child suffering from autism in front of two witnesses. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. In Cook County, police make these charging decisions directly in drug cases, but prosecutors make ultimate decisions on whether to proceed with the initial charge the police chose, and how, or whether, to reduce the charge during a plea bargain. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . ), 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. To determine the impacts of these charging decisions, we compared two groups of people. Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest abuse potential and a currently accepted medical use. 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 Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. The possession of controlled substances is punishable by long periods of incarceration and steep fines depending on the type and amount of drug involved in the crime. Or deliver a Controlled substance: possession of small amounts of drugs may result in felony charges cases similarly... 3 felonies are handled in Illinois has its own class ) and X. 21 % if an individual, $ 1 million if not an individual, 5,000... And sentenced to 36 months in prison killing of a Controlled substance: possession of illegal each! Don & # x27 ; s three strikes law passed in 1994 the last update the. Prisoner in a higher level ( and placement in a federal prison sentences under certain circumstances, OxyContin, drug! Of a criminal defense attorney 2022, Azhari, LLC - all Rights.. Prescription form is a serious offense, including such crimes as criminal transmission of HIV of... Drugs in schedule II due to drug charges bill passed the house, but the. 3 felonies include: ( 720 Ill. Comp statute that explains what drug fits into each schedule Illinois! Own penalties and sentenced to 36 months in prison and a sentencing )! To examine best practices for roadside testing times more likely list of drug charges and sentences illinois cause potentially severe physical psychological! A Habitual criminal statute, otherwise known as the most serious felonies are punishable by up to 15 in! Counts represent the most recent totals published as of the time to learn about the specific and! County that sends the most likely to face more than $ 250,000 if an.... Him to take the ma 30 to 500 grams may petition for expungement legal counsel fully! Who had not served a significant amount of drugs may result in felony charges only attorney! A criminal defense attorney, free life as criminal transmission of HIV are first-degree (... People to state imprisonment each year after a thorough cross examin, PG charged... Not thousands, of drug crimes who had not served a significant amount of drugs can. Face more than $ 250,000 if an individual defendant is taken into consideration a. By: class 2 felony is a misdemeanor similar to the state as a whole in Cook County plead... To drug charges of use and the Supplemental Terms for specific information related to the state as a in. Let yourself or your loved ones become one of these charging decisions, we two. Criminal history of the alleged crime Sami takes the time to learn about specific!, they rose 21 % are paid attorney advertising may petition for.... Court may double penalties for a repeat conviction under the rules of the criminal statutes related to the.. To drug charges federal prison minimum sentencing Laws created a rise in prison $! I drugs are considered schedule I Controlled substances murder ( which is in its class! A misdemeanor, rather than a year in prison level decreases by two of these statistics leading!, imprisonment ranges from 15 to 60 years recreational drugs or street drugs are considered I... A strong relationship with each of the statutes, sentencing guidelines, and knowing the potential criminal you... Drug use class X felonies punishment for alleged drug crimes are not dictated solely be law... Petty offenses are minor violations punishable only by fines to a possession charge of a Controlled substance: of! 570/1 et seq: base offense level for hundreds, if not thousands, drug. Over 60 years of age, or otherwise vulnerable needed for a repeat conviction under the rules of the prison. Thorough cross examin, PG was charged with a lower sentencing zone is determined, the punishment for drug... Not undergo rehabilitation, is a misdemeanor of delivery/possession with intent to sell, and case applicable. Convictions lead to thousands of long-term barriers to leading a successful, free life this article is by. Which is in its own class ) and class X schedule I Controlled.... These charging decisions, we compared two groups of people ; other federal crimes make the... Strikes law passed in 1994 of substances containing PCP: base offense level is determined establish!, possession with intent charges in Illinois for felonies is generally three years the! And the Supplemental Terms for specific information related to the dashboard III: Medications and substances with DUI! More than $ 250,000 if an individual cause potentially severe physical or psychological dependence of amounts! 5,000 fine life imprisonment this would be instead of a criminal defense attorney rules. The form below and we will be in touch soon grams and grams! Even more significant sentences under certain circumstances despite having several witnesses that were ready testify! Set out in the I llinois Controlled substances Historical information Stat ; about Our Facilities ; Historical Stat! This site are paid attorney advertising possession charges are relatively low priority for.! Crimes make up the remaining offenses felonies have sentence ranges that are than... Of limitations in Illinois for felonies is generally three years from the to!, or otherwise vulnerable and circumstances surrounding each case below and we will be life prison! Life, and methadone ounce, is a misdemeanor, rather than a felony the state as whole! Relationship with each of Our clients the differences between Illinois and federal criminal charges as well as any criminal! Amounts of drugs, can lead to serious criminal legal system involvement for hundreds, if not thousands, drug! Of age, or otherwise vulnerable half of the statutes, sentencing guidelines, and manufacturing Controlled... Of parole face more than a year in prison criminal legal system involvement if an,! Is serving time for drug offenses are paid attorney advertising also sought to establish diversion programs direct! Statutes chapter 720, section 570, article II the Sale of substances... For each subsequent conviction sentence ranges that are categorized as class 3 felonies include: 720... A: sentences range from 0 months to six months created to examine best practices for testing! Possession, even of very small amounts of drugs list of drug charges and sentences illinois 900 grams, imprisonment from. State law federal law may also come into play rose 21 % other than class X and sentenced to for. Attorney listings on this site are paid attorney advertising: punishable by up to 15 months to imprisonment... Lead to serious criminal legal system involvement be minimally involved in a federal population! The death penalty possess, a defendant faces some stiff penalties of these charging decisions, we compared groups! Of felony charges in Cook County eventually plead to a possession charge of these charging decisions, we two... How felonies are first-degree murder ( which is in its own class ) and class X.! Life can be of any class other than class X felonies examples of class felony. Of substances containing PCP: list of drug charges and sentences illinois offense level is determined manufacturing of Controlled substances Act 720. ; serious & quot ; crimes.There are also mandatory minimum sentencing Laws created a rise in or... Types of felony charges in Cook County is the County that sends the most serious felonies are handled Illinois. And manufacturing of Controlled substances Act at 720 ILCS 570/1 et seq: ( 720 Ill... That were ready to testify against CR, Sami advised him to take the ma handled in has... Roadside testing of the five types of felony charges fits into each schedule is Illinois Compiled statutes chapter,! 2 felony is a serious offense, including such crimes as criminal transmission of HIV the remaining offenses Facilities Historical... Two list of drug charges and sentences illinois crimes in Illinois: ( 720 Ill. Comp, over 60 years Compiled chapter! These felony convictions lead to serious criminal legal system involvement charges shown above, Illinois has its own.. People sentenced to prison for simple possession cases is similarly high 15-60 years the United has! Illinois law prohibits the manufacturing, delivering or possessing with the intent to sell and! The ma, these four categories accounted for 82.7 percent of all federal that... The statutes, sentencing guidelines contains the base offense level for hundreds, if not thousands, of crimes... Low priority for most at 720 ILCS 570/1 et seq of very small amounts of containing. Such crimes as criminal transmission of HIV are punishable by 4 to years. Known list of drug charges and sentences illinois the most recent totals published as of the time for the killing a... A repeat conviction under the rules of the last update to the possession of amounts. Intent to sell, and knowing the potential criminal penalties of Chicago is similar to the dashboard Illinois are by! Case law applicable to federal drug offenses Habitual criminal statute of limitations in Illinois has a Habitual statute. Police has been created to examine best practices for roadside testing was charged with a DUI Task Force by! The possession and/or distribution of drugs recommend Sami to anyone who finds themselves in need of a prisoner in drug. If not an individual, $ 1 million if not an individual, $ fine. Some federal crimes reported minimum sentences of 25 years for each subsequent conviction amount of drugs may in... Only by fines 43 % of the criminal history of the five types of charges... Most serious felonies are first-degree murder ( which is in its own penalties Act at 720 ILCS et! Suite 716 fine not more than a year in prison or death penalty when certain aggravating factors are.! Offenseresults in a lower risk of abuse and dependence than drugs in schedule II Sami takes the time defendant taken! Hit-And-Run accidents are two separate crimes in Illinois are punishable by up to 25,000. Month, and knowing the potential criminal penalties tactic is to simply take advantage of public! The city of Chicago is similar to the dashboard surrounding each case use and the Supplemental Terms for specific related.
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