Illinois recognizes five classes of felony, in addition to first-degree murder. 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. 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. As mentioned above, Illinois has five felony classes. 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. up to 30 months of probation or conditional release. The attorney listings on this site are paid attorney advertising. 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. Although many people arrested for drug allegations are found with small amounts, they are not always charged with low-level possession of a controlled substance. Depending on the choices made by police and prosecutors, people can be charged with possession with intent to deliver instead of just possession, which leads to harsher sentences. Zone D: Sentences range from 15 months to life imprisonment. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. Do Not Sell or Share My Personal Information. 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. 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. 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. According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. 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. Our team is committed to open communication and developing a strong relationship with each of our clients. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). Cook County is the county that sends the most people to state imprisonment each year. Does it matter who files for divorce first? A class 1 felony is punishable by: Class 2 Felony. Class 1 felony possession is the most serious of the possession felonies. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. Call (888) 744-0069 Helpline Information Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. 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. 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. In general, a judge must impose a sentence within the range for the relevant felony class. Sentence: 1. Repeat offenses. 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. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. Zone C: Sentences range from 10 months to 18 months. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . 570/406.2, -408; 730 Ill. Comp. Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. 5. 5/5-4.5-15, 5/5-4.5-50 (2020).). Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. Offense: Maintaining drug involved premises; . In 2021, state representatives passed a proposal, House Bill 3447, to help people struggling with drug addiction receive community drug treatment instead of putting them in jail. In a separate case, found guilty of possession of drugs, a third-degree . Statistics based on prior month's data -- Retrieving Inmate Statistics. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. 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. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. Drug possession crimes can be of any class other than Class X. 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. 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. The sentence for this charge is one year or more imprisonment. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. A Breakdown of Illinois Felony Charges and Penalties, Clergy or Priest Molestation and Sexual Abuse, Prior criminal convictions of the defendant, especially for similar crimes. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. Base offense levels can also be increased or decreased by prosecutors. In most of these stops, police do not search people or their belongings. 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. You can find more information in our article on Marijuana Laws in Illinois. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. 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 Federal Substance Abuse and Mental Health Services Administrations (SAMHSA) 2012 National Survey on Drug Use and Health, which published the most recent data available, found that 3.4% of White people and 2.9% of Black people reported selling drugs in the past year (its important to note that this study likely undercounts drug use and selling rates, since it is a government sponsored survey and respondents may have under-reported because of stigma and fear of prosecution). The next level is misdemeanors, which are punishable by up to one year in jail. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Finally, the most serious category of offenses is felonies. 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. 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 Illinois Drug Laws. Zone C: Sentences range from 10 months to 18 months. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. The attorney listings on this site are paid attorney advertising. 200 to 599 objects: Punishable by incarceration of six to 30 years. 5/5-4.5-30 (2020). Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. It then places criminals in the following sentencing zones: There are 43 levels of offenses. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. 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. Federal cases are serious. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. For instance, Illinois statutes contain many other provisions that address several additional controlled substances, including methamphetamine, fentanyl, LSD and even peyote, just to name a few. (730 Ill. Comp. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. These effects are felt most acutely by Black people charged with crimes. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Stat. 5/5-4.5-40 (2020).). Stat. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Stat. For information, see Illinois Sale of Controlled Substance Laws. Second, the penalty imposed should not . The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). (730 Ill. Comp. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 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. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. 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). 570/402; 730 Ill. Comp. Stat. 5/5-4.5-35 (2020).) Zone B: Sentences range from 1 month to 15 months. There are 43 levels of offenses. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. SS was at the NATO protest that took place in downtown Chicago. Class 1 felony possessions are the most serious and receive the harshest penalties. 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