What Is the Average Jail Time for Drug Possession? In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. TX. Stat. DUIs and hit-and-run accidents are two separate crimes in Illinois. . In most of these stops, police do not search people or their belongings. List of Misdemeanor Charges There are many types of misdemeanor charges, which include but are not limited to the following list of misdemeanor charges: Disorderly conduct Domestic violence Driving with a loud car stereo DUI Harassment Loitering Minor in possession of a controlled substance Obstructing traffic Open container Personal injury 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. Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Finally, the most serious category of offenses is felonies. 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. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 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. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. (730 Ill. Comp. 5/5-5-3 (2019).). When facing charges for domestic violence, the impact on your life can be even more significant. In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 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. 5/2-7, 730 Ill. Comp. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. We sought to explore (1) what quantities of drugs were involved in seizures of drugs in traffic and pedestrian stops and in arrests; (2) whether drug arrests and seizures were occuring in a racially disproportionate manner; (3) how initial charges in low-level possession cases chosen by police and prosecutors affected case outcomes, and (4) how much money county and state governments spend on incarcerating people for possessing small amounts of drugs. They are punishable by anywhere between one year and life imprisonment. Start here to find criminal defense lawyers near you. The two major differences between drug . The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. Stat. 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)). The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. 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! ), (720 Ill. Comp. 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 Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. Stat. However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. Many factors can lead to an extended sentence. 5/5-4.5-30 (2020). If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. 1 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%). If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Possessing drugs You may be charged with possessing an illegal substance. CRIME. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. To illustrate, if the drug crime involves one kilo or more of cocaine, 10+ grams of LSD, 1,000 kilos+ of marijuana or more than 50 grams of meth, a defendant will get a 10 year to life sentence, nothing less. 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. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. 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. 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. (730 Ill. Comp. Second Offense: Not more than 6 yrs. Second, the penalty imposed should not . 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. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Twenty-nine of them are convicted murderers or kidnappers. Possession of 50 - less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. 900 or more grams: Punishable by incarceration of ten to 50 years. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. Chicago, IL 60602, 3601 Algonquin Road 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. Our team is committed to open communication and developing a strong relationship with each of our clients. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. This charge carried with it a sentencing range from 6-30 years in jail. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 2023 Sheppard Law Firm, P.C. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. 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. Do Not Sell or Share My Personal Information. 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. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Stat. ), (720 Ill. Comp. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. There are 43 levels of offenses. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. 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). Illinois Drug Laws. In Illinois (as in most states), crimes are considered felonies if the potential punishment includes at least a year in state prison (or the death penalty). What Does Second Degree Manslaughter Mean? Identify the name of the drugs specified in the document and consult the schedules explained above. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. 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. Stat. Zone B: Sentences range from 1 month to 15 months. 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