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Wrongful Possession Of Drugs In Illinois
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Under Illinois law, felony offenses generally are crimes that carry a potential punishment that includes incarceration that exceeds a year in jail and involves stiffer fines than misdemeanor offenses. Serious violent felonies can result in longer terms in state prison and mandatory minimum sentences.
Illinois Laws and Penalties OffensePenaltyIncarceration More than 2.5 - 10 g Misdemeanor 1 year More than 10 - 30 g Felony 1 - 3 years More than 30 - 500 g Felony 2 - 5 years More than 500 - 2000 g Felony 3 - 7 years34 more rows
Possession of less than 15 grams is a Class 4 felony, punishable by one to three years in prison and up to $25,000 in fines. Possession of more than 15 grams is a Class 1 felony, punishable by fines up to $200,000 and jail time of four to 50 years, depending on the amount of the controlled substance.
Another key difference is the dollar amount to be charged with a felony. If you are charged with retail theft, any amount over $300 is a felony in Illinois. If you are charged with theft, any amount over $500 is a felony in Illinois.
Charges can be brought within five years of the offense. The time limit can be extended in certain circumstances such as more than one count of drug trafficking or additional petty offenses. Limitations on drug charges for trafficking in Illinois is three years. Charges can be brought within three years of the offense.
Depending on the amount of drugs in your possession and whether or not they are intended for trafficking, several drug crimes can be considered Class 1 felonies, namely: Possession of cocaine (more than 15 grams) Cannabis trafficking (more than 5000 grams) Possession or delivery of methamphetamine (5-15 grams)
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Forensic Evidence: Chemical analysis of drugs: Forensic chemists use a range of testing procedures to identify the types and amounts of illegal drugs. Fingerprint and DNA analysis: If fingerprints or DNA are found at the crime scene, they can be directly linked to the suspect.
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(b) It is unlawful for any person knowingly to manufacture, distribute, advertise, or possess with intent to manufacture or distribute a look-alike substance. Possession of a drug listed in Schedule I or Schedule II is the most serious possession offenses that one can face in Illinois, and is a felony charge.The law states that it is unlawful for a person to be in possession of a controlled substance, a counterfeit substance or an analog. Unlawful search and seizure. Sometimes, the police obtain drugs through illegal search or seizure, such as without a warrant or probable cause. 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 this blog post, we will explore the relevant statutes, penalties, and key considerations associated with the possession of controlled substances in Illinois. But if you successfully complete this type of probation, when you go back to court 2 years later the case will be dismissed and the charges will be thrown out. Section 4 (Possession). Unlawful for any person knowingly to possess cannabis in the following amounts.