Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. (730 Ill. Comp. 5/12-3.05 (2020). About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. (730 Ill. Comp. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. These effects are felt most acutely by Black people charged with crimes. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. 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. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . Possession of any other amount of a Schedule I or II narcotic (other than those discussed above) is a Class 4 felony, punishable by incarceration of one to three years and a fine of up to $25,000. 30 N. LaSalle Street The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. 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. 15 to 99 grams: Punishable by incarceration of four to 15 years. Unauthorized prescription. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. ), In August 2020, Illinois enacted a law that makes it a Class 3 felony to attack a retail worker who's relaying the store's health and safety policies or the rules, guidelines, or recommendations issued by a public health agency during an emergency or disastersuch as requirements for wearing a face mask or practicing social distancing during the COVID-19 pandemic. Offenses. 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. 5/5-4.5 (2019).). In most of these stops, police do not search people or their belongings. Stat. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. Subsequent offenses can be punished by a Class 3 felony. Stat. Does it matter who files for divorce first? 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. First Offense: Not more than 3 years. Marijuana Possession Laws in Georgia. 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. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. 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)). 5/5-4.5-35 (2020).) After reviewing the evidence, Sami took the case to trial and thoroughly cross examine, CR was charged with 3 counts of unlawful use of a weapon and possession of a firearm by a felon. 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. Due to the seriousness of penalties and complexity of the laws, it is essential to get top-notch legal assistance if you are charged with any drug crimes. 200 to 599 objects: Punishable by incarceration of six to 30 years. The U.S. (720 Ill. Comp. Possessing drugs You may be charged with possessing an illegal substance. The counts represent the most recent totals published as of the last update to the dashboard. Any amount . The attorney listings on this site are paid attorney advertising. Sentenced to 36 months in prison, $5,000 fine. 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. 570/402; 730 Ill. Comp. Fine not more than $250,000 if an individual, $1 million if not an individual. . These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. 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 statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. After a thorough cross examin, PG was charged with a DUI and improper lane usage. 2009. Drugs. 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. 5/5-5-3 (2019).). Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. 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: 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. (730 Ill. Comp. Some states primarily classify drug crimes according to drug schedules. Mandatory minimum sentences exist for individuals that "carry a firearm" during the commission of a crime of violence or drug trafficking pursuant to 18 U.S.C. In some states, the information on this website may be considered a lawyer referral service. 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. 5/5-4.5-45, 5/5-4.5-85 (2020).). 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.. Stat. You can find more information in our article on Marijuana Laws in Illinois. (730 Ill. Comp. The Assembly passed the bill, 60-12. 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. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. Suite 716 TX. If you are charged with a felony in Illinois, the best way to avoid a conviction is to speak with an experienced criminal defense lawyer who can help protect your rights and obtain the best possible outcome under the circumstances. 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. 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. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. This area of the law is even further complicated when state lawmakers elect to take a position on a particular drug that contradicts the stance held by the federal government, such as in the case of medical marijuana. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. Class 3 felonies are punishable by 2 to 5 years in prison. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. (730 Ill. Comp. However, the sentence can also be enhanced for "serious" crimes. See all 50 state penalties for involuntary manslaughter in detail below. Once drug sale or trafficking is involved, penalties increase. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. Second Offense: Not more than 6 yrs. committing a felony (except for certain especially serious crimes) while armed with a gun. This suggests that the enforcement of drug laws is primarily affecting people who use drugs, and certainly not the kingpins that drug laws attempt to target. Unlawful possession of a controlled substance is a felony criminal offense under Illinois law, with strict penalties set out in the Illinois Controlled Substances Act (720 ILCS 570/1 et seq). If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. The court may double penalties for a repeat conviction under the Controlled Substances Act. A class 3 felony is punishable by: Class 4 Felony. 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. As a result, in recent years (including 2021), bills have been introduced in the legislature to decriminalize low-level drug possession and to have courts retroactively reduce sentences or designate prior convictions as misdemeanors. (720 ILCS 570/203.) lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 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. Stat. Class 2 felonies are punishable by 3 to 7 years in prison. 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. Ownership of an illegal drug is a felony crime under Illinois law. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. 570/402; 730 Ill. Comp. 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. The statutes related to particular crimes will specify the class of felony to which that crime belongs. 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. Stat. Chicago Appleseed Center for Fair Courts. There is a growing belief that people with drug problems do not benefit from being under the criminal legal system control while they attempt to recover from addiction. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. When youre up against criminal charges, youre facing something that can change your life. About Us. 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). We are good listeners and provide honest answers to questions our clients have. ), (720 Ill. Comp. Identify the name of the drugs specified in the document and consult the schedules explained above. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. 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. A report from the National Drug Intelligence Center 14 estimated that the cost to society for drug use was $193 billion in 2007, a substantial portion of which$113 billionwas associated with drug related crime, including criminal justice system costs and costs borne by victims of crime. The sentence for this charge is one year or more imprisonment. 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. 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 At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. Prescription stimulant medications like Adderall and Ritalin. 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. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. 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 . 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. Use the online contact form or call 312-443-1233. The normal belongings of an illegal drug charge is a Class 4 felony offense. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. 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. (730 Ill. Comp. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 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. 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. Usually, the amounts of drugs that are found are small. 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