Drug Possession Information Center

About Drug Crime Cases in Illinois

Fighting Drug Possession Charges

Drug cases can be complex because of the different laws that apply to the different drugs and/or controlled substances. Due to the fact that controlled substances are illegal to possess without a prescription or license, most defendants don’t have a defense to the charge. Many drug cases are won or lost on the enforcing a client’s constitutional rights against by contesting illegal detentions, searches, or seizures. It is up to you and your lawyer to decide on which plan of attack to use if you have any issue. This is why hiring a lawyer with experience in these cases is so important. Drug laws vary in degree according to weight or number of the drugs/controlled substances. The more in weight or number a person possesses the higher the crime that is charged.

General Classification of Offenses

Most classification carry the possibility of a period of probation or conditional discharge with the possibility of jail to be served in the local county jail. But, a person can get sentenced to the Illinois Department of Corrections generally as follow. Multiple offenders may be eligible for enhanced or extended terms.

  • Class 4 Felony: 1 to 3 years;
  • Class 3 Felony: 2 to 5 years;
  • Class 2 Felony: 3 to 7 years;
  • Class 1 Felony: 4 to 15 years;
  • Class X felony: 6 to 30 years;

(Minimum jail time rises when you possess larger drug quantities)

Sentencing

Special Drug Case Sentencing for First Time Offenders
Illinois Law allows a first time simple possession offender a chance to complete a special term of probation called “410 or 710 probation” that allows the case to be dismissed without a conviction (very important to those seeking jobs). You may be able to expunge the case and have the records sealed.

Tasc Probation – Treatment Alternatives for Safe Communities
TASC is a special type of probation sentence that helps people with addictions avoid/minimize jail time through treatment. If you meet TASC’s strict eligibility criteria and you complete all the requirements you may be able to avoid a conviction on your case after completion. You complete TASC by completing all required treatments, following all service plans, by not using drugs or alcohol and completing probation.

Drug Court Programs Offered By Counties And State’s Attorneys Offices
Each county may have a special program for particular types of cases. For drug related cases, certain counties offer Drug Court (Cook County Drug School) for people with drug addictions that if completed could result in your sobriety and other benefits such as reduction or avoidance of jail or dismissal of your case.

Call us at 630-443-6200 for a more detailed explanation.