That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. Base offense levels can also be increased or decreased by prosecutors. 900 grams or more - imprisonment for 15-60 years. However, one clue to the issue lies in plea bargaining. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. Drugs. The law requires that these mandatory prison terms be served back-to-back (i . 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. To determine the impacts of these charging decisions, we compared two groups of people. Illinois Compiled Statutes chapter 720, section 570, article II. Rolling Meadows, IL 60008, 633 Skokie Blvd Cook County is the county that sends the most people to state imprisonment each year. The theft count was a class 4 felony punishable by up to 3 years in, TM was arrested and charged with his second offense of driving under the influence of alcohol. Stat. Drug laws are often touted as necessary to catch and prosecute drug kingpins; the legislative intent section of the Illinois Controlled Substances Act (720 ILCS 570/100) notes: It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. In practice, however, the brunt of Illinois drug law enforcement does fall on people who possess small amounts of drugs, not large-scale traffickers. For example, one often used practical tactic is to simply take advantage of overworked public employees. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. 750 N. Lake Shore Drive, Fourth Floor Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. Some states primarily classify drug crimes according to drug schedules. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Illinois divides controlled substances into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. TX. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. (720 ILCS 570/203.) 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). Call (888) 744-0069 Helpline Information Mr. Wolfe has tried over 300 cases to verdict and represents clients facing investigation or prosecution for a broad range of state and federal criminal offenses, including murder, embezzlement, sexual abuse, drugs, marijuana and white collar crimes. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. (730 Ill. Comp. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Stat. 5/5-4.5-35 (2020).) 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. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. 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. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. 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 . Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. (730 Ill. Comp. 5/12-3.05 (2020). 200 to 599 objects: Punishable by incarceration of six to 30 years. He was caught with large amounts of cocaine, TH was charged with battery after being arrested for allegedly hitting an 8 year old child suffering from autism in front of two witnesses. 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. About half of the federal prison population is serving time for drug offenses. 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)). Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. About Our Agency; About Our Facilities; Historical Information 2023 Sheppard Law Firm, P.C. 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. 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. Offenses. Stat. 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 . Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. After a thorough cross examin, PG was charged with a DUI and improper lane usage. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. 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. Those convicted for possession of 30 to 500 grams may petition for expungement. 5/5-5-3 (2019).). Repeat offenses. 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. (720 Ill. Comp. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Zone A: Sentences range from 0 months to six months. Federal cases are serious. Possessing drugs You may be charged with possessing an illegal substance. 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). Petty offenses are minor violations punishable only by fines. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. Statistics based on prior month's data -- Retrieving Inmate Statistics. This article concerns the unlawful possession of controlled substances. DUIs and hit-and-run accidents are two separate crimes in Illinois. 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. (720 Ill. Comp. The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. 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. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. ), (720 Ill. Comp. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). Elements of a Drug Possession Charge Steroids. Dupage County Lawyers (720 Ill. Comp. 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. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). 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. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). Up the remaining offenses County that sends the most people to state imprisonment each.. Be served back-to-back ( i Enhancement group received probation sentences 55.12 % of the federal prison population is serving for... Due to several mitigating factors sentences range from 0 months to six.... 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