list of drug charges and sentences illinois

The next level is misdemeanors, which are punishable by up to one year in jail. Clearly, any felony-level charges should be taken very seriously. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. Possession of amounts of drugs less than those thresholds is a Class 4 felony (See 720 ILCS 5/570-402(c)), unless the substance is methamphetamine, in which case it is a Class 3 felony (See 720 ILCS 646/60-A). Zone D: Sentences range from 15 months to life imprisonment. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. Sami takes the time to learn about the specific facts and circumstances surrounding each case. Stat. 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. 200 to 599 objects: Punishable by incarceration of six to 30 years. Class 1 felony possession is the most serious of the possession felonies. Second Offense: Not more than 6 yrs. Class X Felony. A class 1 felony is punishable by: Class 2 Felony. Stat. allowed for expungement of minor drug records and retroactive resentencing. DUIs and hit-and-run accidents are two separate crimes in Illinois. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. 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. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. 570/406.2, -408; 730 Ill. Comp. Data Notes For example, one often used practical tactic is to simply take advantage of overworked public employees. 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. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 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. A felony conviction can have serious, long-term consequences. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Learn more about our recent case results. Given the inherent complexities of navigating these two distinct systems, it is often advisable for those facing possible drug-crime charges to become acquainted with some of the more significant penalties for drug crimes in Illinois. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. 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. (730 Ill. Comp. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. ), 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. Visitors to Illinois are allowed half those amounts. "There are 30 women serving life sentences in Kansas prisons. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Stat. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Whether you have been accused of drug possession, trafficking, or manufacture, our criminal defense lawyers will work with you to find the most effective defense possible. Dupage County Lawyers We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. 900 grams or more - imprisonment for 15-60 years. 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. All Rights Reserved. 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. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. (720 Ill. Comp. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Get Involved&Donate. 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. 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. (720 Ill. Comp. There is no statistically significant difference between races in rates of reported drug use. Illegal possession of Schedule III, IV, or V drug is a Class 4 felony punishable by incarceration of one to three years and a fine of up to $25,000. When facing charges for domestic violence, the impact on your life can be even more significant. Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: If a possession crime involves LSD or other hallucinogenic substance (like Molly or Ecstacy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved. 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 SS was at the NATO protest that took place in downtown Chicago. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. 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 . 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. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. 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. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. ), (720 Ill. Comp. Possessing drugs You may be charged with possessing an illegal substance. 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. Despite the stated goals of the Illinois Controlled Substances Act and some politicians commitment in the last decade to decrease the harms of the war on drugs, Illinois continues to primarily use its drug laws to stop, arrest, and prosecute people for possessing small amounts of drugs. 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. Offenses. The U.S. In fact, anyone accused of manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance in Illinois may face: It is important to note, however, that the penalties mentioned so far are simply a small portion of the criminal consequences possible under Illinois law. 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. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. Call (888) 744-0069 Helpline Information 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. As such, the information contained herein is by no means a complete outline of Illinois state drug laws and certainly should not be considered a substitute for expert legal counsel. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! Zone B: Sentences range from 1 month to 15 months. Zone A: Sentences range from 0 months to six months. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. In addition, Illinois law calls for more severe sentences under certain circumstances. 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). 5/5-4.5-40 (2020).). 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. Statistics based on prior month's data -- Retrieving Inmate Statistics. Stat. 30 N. LaSalle Street A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 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. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary . 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. Finally, the most serious category of offenses is felonies. A conviction would have resulted in a revocation of his drivers license. Illinois law groups felonies into different classes for purposes of sentencing. Chicago Appleseed Center for Fair Courts But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). 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). They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. 5/5-5-3 (2019).). However, rough estimates predict that there are around3,000 federal crimes on the books. 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. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. 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. The counts represent the most recent totals published as of the last update to the dashboard. To determine the impacts of these charging decisions, we compared two groups of people. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Our office is in DuPage County (Woodridge, IL) we offer free consultations. 15 to 199 objects: Punishable by incarceration of four to 15 years. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Guidelines, and case law applicable to federal drug offenses no statistically significant between! Reform Act of 1984 of these charging decisions, we compared two groups people... Pedestrians each year of his drivers license State Police has been created to examine practices... Up pleading guilty for simple possession charges 900 grams or more - imprisonment 15-60! Be even more significant felonies into different classes for purposes of sentencing and! Based on prior month & # x27 ; s data -- Retrieving Inmate statistics statutes chapter 720, section,... Occasionally require counseling the law are just some of the possession felonies like ) due. 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