For example, one often used practical tactic is to simply take advantage of overworked public employees. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Stat. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. She performed all field sobriety tests. What dictates a federal drug crime from a state drug crimecan vary. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Elements of a Drug Possession Charge 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. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. This law states that you can . The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. Special Drug Courts 5/5-4.5-25 (2020). Stat. 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. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). Illinois law regulates marijuana separately. ), Prison sentences for Class X felonies generally must be for at least six years and no more than 30 years (or between 30 and 60 years for an extended term), plus three years of mandatory supervised release. 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. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Do Not Sell or Share My Personal Information. Out of about 8.5 million traffic stops made by police in Illinois from 2016 through 2019, only about 28,000 recovered more than 10 grams of drugs 0.3% of all stops. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. A conviction would have resulted in a revocation of his drivers license. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. committing a felony (except for certain especially serious crimes) while armed with a gun. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. (720 Ill. Comp. Ebron, Joseph +. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. 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. Many opioid pain medications like Vicodin, OxyContin, and methadone. A class 4 felony is punishable by: In addition to these five classes, there is a completely separate category for murder: Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence. What Does Second Degree Manslaughter Mean? Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. Unauthorized prescription. 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.. Mandatory parole of three years. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Examples of substances listed in each schedule include: To understand the charges and penalties you might face, look at the charging document in your case (usually called a complaint, information, or indictment). Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. Only the Attorney General of the United States has the authority to seek the death penalty. The attorney listings on this site are paid attorney advertising. In a separate case, found guilty of possession of drugs, a third-degree . Fackrell, Ricky**. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Fine not more than $250,000 if an individual, $1 million if not an individual. 570/402; 730 Ill. Comp. Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. For those drugs that are illegal to possess, a defendant faces some stiff penalties. Drug possession crimes can be of any class other than Class X. Base offense levels can also be increased or decreased by prosecutors. allowed for expungement of minor drug records and retroactive resentencing. After that, in descending order of seriousness, are Class 1 through Class 4. The next level is misdemeanors, which are punishable by up to one year in jail. 900 or more grams: Punishable by incarceration of ten to 50 years. 5/5-4.5 (2019).). Many forms of assault and battery are prosecuted as class 3 felonies. To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. participating in the manufacture of 15 or more grams of meth. Suite 2140 A Breakdown of Illinois Felony Charges and Penalties, Clergy or Priest Molestation and Sexual Abuse, Prior criminal convictions of the defendant, especially for similar crimes. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Stat. Zone A: Sentences range from 0 months to six months. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Drugs. . Then read below to learn about possible charges and sentences. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. When youre up against criminal charges, youre facing something that can change your life. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. Illinois law imposes additional penalties for repeat offenses. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Stat. Stat. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. The normal belongings of an illegal drug charge is a Class 4 felony offense. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Presumptive Sentences for Felony Drug Offenses in Colorado Drug felonies committed on or after October 1, 2013, carry the following presumptive sentences and mandatory parole terms: Level 1 drug felony: Between eight and 32 years in prison, $5,000 and $1,000,000 in fines, or both. (District of Central Illinois). Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. 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). 200 to 599 objects: Punishable by incarceration of six to 30 years. Stat. The crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. Illinois Drug Laws. What Is the Average Jail Time for Drug Possession? A delivery of less than one gram of cocaine or heroin is a Class 2 felony, with a possible sentence of 4 to 15 years in prison, with possibility of probation. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of 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. Aggravating and Mitigating Factors for Sentencing In some states, the information on this website may be considered a lawyer referral service. In general, a judge must impose a sentence within the range for the relevant felony class. Our office is in DuPage County (Woodridge, IL) we offer free consultations. (720 ILCS 570/203.) Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. (720 Ill. Comp. These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. 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. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . 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. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Does it matter who files for divorce first? If you have prior possession convictions, you may face enhanced penalties. Stat. Drug crime sentences that reduce or eliminate prison time started taking off with the drug-court movements in the 1990s, when the criminal justice system was overloaded with cases, said. Prescription stimulant medications like Adderall and Ritalin. 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