Drug Crimes / Narcotic Offenses
What are the Drug Laws in Illinois?
Under 720 ILCS 550/4, it is illegal to possess, sell, manufacture or possess with the intent to traffic cannabis, heroin, cocaine, Meth, LSD, Ecstasy or similar substances. The weight of the drugs recovered determines the class of crime.
What are the Sentences for Drug Charges?
- Marijuana Possession
For marijuana possession, it is a Misdemeanor if the amount is under 30 grams. Misdemeanors can carry up to 1 year in jail and a $2,500.00 fine. However, as an alternative to jail or a criminal conviction, you may be eligible for drug school or Court Supervision.
If the amount of marijuana is over 30 grams, you can be charged with a felony. For felony possession of cannabis cases, as a possible alternative to jail and a felony conviction, you may be eligible for drug probation so long as there was no manufacturing or trafficking involved. This probation is sometimes referred to as “710” probation.” (See 720 ILCS 550/10).
- Other Drug Possession
Possession of Heroin, Cocaine, Meth, LSD, Ecstasy, Acid or similar drugs, can be charged as a felony. However, as an alternative to jail, you may be eligible for drug school, or certain “types” of probation, which, when completed, may be expunged depending on your criminal criminal history. These types of probation may include, “1410” probation, TASC probation, or drug probation. (See 720 ILCS 570/410, and 720 ILCS 646/70).
- Sale, Manufacture, Or Intent To Deliver Drugs
1) For cannabis cases involving manufacture, delivery, or with intent to deliver more than 10 grams are felonies 2) ln cases involving Heroin, Cocaine, Meth, Ecstasy, LSD, or Acid Possession, or similar substances, all such cases are felonies and the class of felony depends on the amount recovered. (720 ILCS 570/402). The sentence may be enhanced to a Class X non-probationable felony, with a sentence from 6 to 30 years, if the transaction occurred within 1000 feet of a school, church, public park, or a movie theater.
Can Drug Cases be Expunged?
If you are placed in drug school, or on TASC, 710, 1410, or drug probation, it is possible that the arrest and case record can be expunged, depending on your criminal record.
Why Choose John D. Ioakimidis as Your Lawyer for Your Drug Case?
Our attorneys have represented thousands of clients over the last 20 years with great success. Our lawyers understand how important it is that you clear your name and not be labeled a criminal. When our attorneys appear in Court, our clients are represented by a highly skilled criminal defense lawyer with one goal in mind: To Win!
On the first Court date, your lawyer will file with the Court a Motion for Discovery which requires the Prosecutor to give us all of the evidence that they have against you, including police reports, statements, pictures and video and audio tapes of 911 calls. The Prosecutor is required to give us all the evidence they intend to use against you, even if the evidence proves that you are innocent.
After your lawyer reviews all of the evidence, your lawyer will typically file a Motion to Dismiss, Motion to Quash Arrest and Suppress Evidence, Motion to Suppress Statement or any other motions if warranted by the facts and the law. The idea is to do everything your lawyer can do to win the case before it goes to trial.
When your freedom and reputation is at stake, you can trust our experienced criminal defense attorneys to fight the State and its hired prosecutors to win your case. We have a proven track record of lawyers who win drug cases with thousands of grateful and satisfied clients.
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