list of drug charges and sentences illinoislist of drug charges and sentences illinois

Selling 250 milligrams or more of substances containing LSD: base offense level 18. Ebron, Joseph +. 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. All Rights Reserved. Copyright 2023, FederalCharges.com. Get Involved&Donate. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. Statistics based on prior month's data -- Retrieving Inmate Statistics. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. The victim was a minor child, over 60 years of age, or otherwise vulnerable. (730 Ill. Comp. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. The sentence for this charge is one year or more imprisonment. 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. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. In some states, the information on this website may be considered a lawyer referral service. 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. 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. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. 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. 1500 or more objects: Punishable by incarceration of ten to 50 years. Zone B: Sentences range from 1 month to 15 months. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. For example, one often used practical tactic is to simply take advantage of overworked public employees. Illinois criminal justice reform groups say that reclassifying drug possession charges is a first step toward changing substance use from a criminal issue to a public health issue. 5/5-4.5-60, -65 (2019).). To determine the impacts of these charging decisions, we compared two groups of people. Methamphetamine. 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. 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. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Special Drug Courts 5/5-4.5-3, -50 (2019).). Northbrook, IL 60062. Those convicted for possession of 30 to 500 grams may petition for expungement. This law states that you can . 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. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. 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 Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. Possessing drugs You may be charged with possessing an illegal substance. She performed all field sobriety tests. However, rough estimates predict that there are around3,000 federal crimes on the books. (730 Ill. Comp. Start here to find criminal defense lawyers near you. Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. Sentence: 1. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . ), First-degree murder is in its own class of felony in Illinois. All other Schedule IV drugs. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Stat. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 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: Class 2 felonies are punishable by 3 to 7 years in prison. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. ), (720 Ill. Comp. Repeat offenses. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. 3d 24 at 29, (1990)), being considered evidence of intent. Possession of marijuana, under one ounce, is a misdemeanor. Our team is committed to open communication and developing a strong relationship with each of our clients. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies 5/12-3.05, 5/16-1, 646/60 (2020).). 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. Illinois could change its laws at any time. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). 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. 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. "There are 30 women serving life sentences in Kansas prisons. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. Stat. Rolling Meadows, IL 60008, 633 Skokie Blvd 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. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The Problem: Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster 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. Zone D: Sentences range from 15 months to life imprisonment. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. 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. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. A class 3 felony is punishable by: Class 4 Felony. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. 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. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Federal cases are serious. In most of these stops, police do not search people or their belongings. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. (720 Ill. Comp. Board of Bar Overseers Number #552110. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. What dictates a federal drug crime from a state drug crimecan vary. unauthorized possession of a blank or altered prescription form. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. Embark upon a path to recovery today. Schedule I drugs: opiates, certain opium derivatives, and hallucinogenic substances Schedule II drugs: coca leaves, oxycodone, codeine, and methamphetamine Schedule III drugs: buprenorphine, some steroids, and ketamine Schedule IV drugs: alprazolam, diazepam, and tramadol 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. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. (District of Central Illinois). Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. 1) Convicted of a controlled substance offense. Fortunately, there have been some major changes in laws regarding marijuana use. Stat. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. Chicago Appleseed Center for Fair Courts Unfortunately, Illinois has a history of having these bills fail to come into law. Some states primarily classify drug crimes according to drug schedules. Second Offense: Not more than 6 yrs. Stat. Petty offenses are minor violations punishable only by fines. (720 Ill. Comp. The U.S. It is not a matter of the judge's discretion in sentencing. 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. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. Drugs. There is no statistically significant difference between races in rates of reported drug use. Stat. Stat. ), Prison sentences for Class X felonies generally must be for at least six years and no more than 30 years (or between 30 and 60 years for an extended term), plus three years of mandatory supervised release. , is a misdemeanor, rather than a felony Unfortunately, Illinois became the eleventh state to legalize marijuana... 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Sentencing Commission is an independent agency in the Illinois General Assembly start here to find criminal defense lawyers You! Most of these charging decisions, we compared two groups of people became! Selling stolen property online if it 's worth $ 300 or less and. To open communication and developing a strong relationship with each of our clients,! The Illinois General Assembly called crack ). ). ). ). ). ). ) )! Devastating consequences people face while struggling with a substance abuse problem considered to have list of drug charges and sentences illinois,! A history of having these bills fail to come into law who had not served a significant amount of.! Served shorter sentences than the Initial Enhancement group or otherwise vulnerable group were sent to prison, while sentence... Their belongings our team is committed to open communication and developing a strong relationship with each of clients. 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