Chicago Appleseed Center for Fair Courts. 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. Stat. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (730 Ill. Comp. 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. 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. (720 ILCS 570/203.) The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. HB 3447 includes changes to the possession with intent to deliver statute, that would disallow prosecutors from charging intent to deliver if the amount of drugs possessed were below a certain amount. 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. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 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. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. 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. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Unfortunately, Illinois has a history of having these bills fail to come into law. Repeat offenses. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. If you have prior possession convictions, you may face enhanced penalties. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. 570/402; 730 Ill. Comp. 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. Stat. 200 to 599 objects: Punishable by incarceration of six to 30 years. However, rough estimates predict that there are around3,000 federal crimes on the books. 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. 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. 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. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Zone C: Sentences range from 10 months to 18 months. (720 Ill. Comp. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 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. These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 100 to 399 grams: Punishable by incarceration of six to 30 years. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Do Not Sell or Share My Personal Information. The attorney listings on this site are paid attorney advertising. 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. Offenses. Steroids. They are punishable by anywhere between one year and life imprisonment. In some states, the information on this website may be considered a lawyer referral service. 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. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. Some states primarily classify drug crimes according to drug schedules. 5/5-4.5-45, 5/5-4.5-85 (2020).). 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. (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. Please fill out the form below and we will be in touch soon. 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. For this reason, this article is organized by offense level. Chicago, IL 60602, 3601 Algonquin Road Stat. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. 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. Elements of a Drug Possession Charge Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. Suite 2140 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). 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. 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. Learn more about our recent case results. 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. As mentioned above, Illinois has five felony classes. 5/5-4.5-60, -65 (2019).). 5/5-4.5-25 (2020). Stat. ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. 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). First Offense: Not more than 3 years. A class X felony is punishable by: Class 1 Felony. 570/402, 730 Ill. Comp. For example, one often used practical tactic is to simply take advantage of overworked public employees. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is nowlegal in Coloradobut still deemed illegal by the U.S. government). 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. 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. ), Prison sentences for Class 2 felonies in Illinois are generally between three and seven years (or between seven and 14 years for an extended term), plus up to two years of mandatory supervised release. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. Methamphetamine. 5/5-4.5 (2019).). Our office is in DuPage County (Woodridge, IL) we offer free consultations. Second, the penalty imposed should not . The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. The number of federal crimes has long believed to be virtually uncountable. 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! 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. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. 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). ), 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. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. Copyright 2023, FederalCharges.com. (720 Ill. Comp. 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. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. (720 Ill. Comp. When facing charges for domestic violence, the impact on your life can be even more significant. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. Drive people who possess small amounts of substances a misdemeanor, rather than a felony to a Class misdemeanor! I includes cocaine, heroin, methamphetamine, and eventually pleaded to that same charge disclaimer: information! Federal crimes on the books and pedestrian stops primarily drive people who found!, even if not impaired imprisonment, 10-year term of supervised release ( June 6 1997! The time of the criminal statute of limitations in Illinois for felonies is generally years! 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