Start here to find criminal defense lawyers near you. 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. What dictates a federal drug crime from a state drug crimecan vary. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. All Rights Reserved. Fackrell, Ricky**. The victim was a minor child, over 60 years of age, or otherwise vulnerable. 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. 5/5-4.5-25 (2020). Unauthorized prescription. 5/5-4.5-45, 5/5-4.5-85 (2020).). In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. 400 to 899 grams: Punishable by incarceration of six to 40 years. They are punishable by anywhere between one year and life imprisonment. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. 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. A felony conviction can have serious, long-term consequences. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. Does it matter who files for divorce first? The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. Usually, the amounts of drugs that are found are small. 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. Stat. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. 5/5-4.5-15, 5/5-4.5-50 (2020).). Sentenced to 36 months in prison, $5,000 fine. Mandatory parole of three years. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. 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. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Steroids. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). 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. Stat. The U.S. Stat. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. Class 1 felonies are punishable by 4 to 15 years in prison. Selling 70 grams or more of substances containing PCP: base offense level 22. Aggravating and Mitigating Factors for Sentencing When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . 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. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. Commissioners are nominated by the President and confirmed by the Senate. 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. 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. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . 5/5-4.5-20 (2020). 5/12-3.05, 5/16-1, 646/60 (2020).). DUIs and hit-and-run accidents are two separate crimes in Illinois. To help this process, each crime is assigned a base offense level. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 5. TX. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. This depends primarily on the weight AND the classification of the substance. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Zone B: Sentences range from 1 month to 15 months. Marijuana Possession Laws in Georgia. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. In most of these stops, police do not search people or their belongings. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Zone D: Sentences range from 15 months to life imprisonment. For example, one often used practical tactic is to simply take advantage of overworked public employees. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. 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). However, rough estimates predict that there are around3,000 federal crimes on the books. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. The attorney listings on this site are paid attorney advertising. 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. (720 Ill. Comp. 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. Any amount . (720 Ill. Comp. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. 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). copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Many forms of assault and battery are prosecuted as class 3 felonies. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Stat. As mentioned above, Illinois has five felony classes. 1 Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. 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. These rebounding numbers of prison sentences, at a time when the number of people being sent to prison statewide is decreasing, mean that Illinois may be spending millions of dollars incarcerating people for possessing small amounts of drugs for years to come. Petty offenses are minor violations punishable only by fines. 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). Possessing drugs You may be charged with possessing an illegal substance. Do Not Sell or Share My Personal Information. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. Methamphetamine. 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. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. The type of firearm and whether the firearm was used during the commission of a violent crime or drug trafficking crime dictates the applicable mandatory minimum sentence: 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. The next level is misdemeanors, which are punishable by up to one year in jail. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. Cocaine is by all measures the most common controlled substance. 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