Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. In a separate case, found guilty of possession of drugs, a third-degree . The sentence will be life in prison or death penalty when certain aggravating factors are present. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. 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. 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. [ Attorney Bio ]. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. For example, one often used practical tactic is to simply take advantage of overworked public employees. Zone D: Sentences range from 15 months to life imprisonment. ), 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. (720 Ill. Comp. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 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: Stat. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. Illinois Sale of Controlled Substance Laws, Do Not Sell or Share My Personal Information, 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, Schedule V drugs: medicines that have very small amounts of specified narcotic drugs. After a thorough cross examin, PG was charged with a DUI and improper lane usage. (730 Ill. Comp. 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. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. For this reason, this article is organized by offense level. 570/406.2, -408; 730 Ill. Comp. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. 2009. You can find the current version of any statute mentioned in this article with this search tool. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). Stat. Embark upon a path to recovery today. 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. In Illinois, it is a Class 1 felony to possess certain quantities of controlled substances most commonly, more than 15 grams of heroin or cocaine (See 720 ILCS 5/570-402(a)(1) and 720 ILCS 5/570-402(b)(1)). Cook County is the county that sends the most people to state imprisonment each year. Sami takes the time to learn about the specific facts and circumstances surrounding each case. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. Fortunately, there have been some major changes in laws regarding marijuana use. Mandatory parole of three years. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. The amount and type of drug will depend on federal and state laws. 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. 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. Learn more about our recent case results. 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. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. 5/5-4.5 (2019).). Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Commissioners are nominated by the President and confirmed by the Senate. TX. Drug courts provide offenders with an opportunity to receive treatment. Stat. 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). 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. Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies 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. 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. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. The counts represent the most recent totals published as of the last update to the dashboard. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. 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. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. The lowest level felonies are Class 4 (punishable by probation or 1-3 years in prison), followed by Class 3 (punishable by probation or 2-5 years in prison), Class 2 (punishable by probation or 3-7 years in prison, Class 1 (punishable in rare cases by probation; usually by 4-15 years in prison, and Class X (punished by 6-30 years in prison; no possibility of probation). People who are found to be minimally involved in a drug crime will usually find their level decreases by two. ), 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. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. In most of these stops, police do not search people or their belongings. What Is the Average Jail Time for Drug Possession? Each of the five types of felony charges in Illinois has its own penalties. The next level is misdemeanors, which are punishable by up to one year in jail. All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. 5/5-4.5-45, 5/5-4.5-85 (2020).). 750 N. Lake Shore Drive, Fourth Floor Northbrook, IL 60062. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. Many opioid pain medications like Vicodin, OxyContin, and methadone. The normal belongings of an illegal drug charge is a Class 4 felony offense. (720 Ill. Comp. Does it matter who files for divorce first? 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. Drug offenses are the second most committed federal crime, second only to immigration offenses; they typically account for 30 percent of all federal crimes (while immigration crime accounts for 32 percent). They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. First Offense: Not more than 3 years. Marijuana Possession Laws in Georgia. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). ), First-degree murder is in its own class of felony in Illinois. 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. 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. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. She performed all field sobriety tests. CRIME. 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.. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. Offenses. Possession of marijuana, under one ounce, is a misdemeanor. unauthorized possession of a blank or altered prescription form. SS was at the NATO protest that took place in downtown Chicago. It is not a matter of the judge's discretion in sentencing. Sentence: 1. (730 Ill. Comp. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. Stat. (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. It required that a person convicted of a felony who has two or more prior convictions for certain offenses must be sentenced to at least 25 years to life in state prison, even if the third offense is nonviolent. Chicago Appleseed Center for Fair Courts. Class 1 felony possession is the most serious of the possession felonies. . 5/5-5-3 (2019).). Board of Bar Overseers Number #552110. Many forms of assault and battery are prosecuted as class 3 felonies. 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. 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