Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for May, 2019

What Are the Penalties for Heroin Possession in Illinois?

May 16th, 2019 at 4:49 pm

Illinois defense attorneyA Du Quoin man was found in possession of a small amount of heroin in early April. That was a violation of his parole and he was sent back to the Illinois Department of Corrections to serve out the rest of his sentence on previous charges.

Heroin possession is considered one of the most serious drug crimes in Illinois. Those convicted will have a criminal record for the rest of their life and could face several years in prison, as well as extremely high fines. While the penalties for heroin possession are extremely harsh within the state, a criminal defense lawyer can help those charged and give them the best chance of a successful outcome in court.

Illinois Law on Heroin

Heroin is classified as a Schedule 1 drug on the Illinois Controlled Substances Act and is illegal for anyone to possess, manufacture, or distribute. The specific classification of being on Schedule 1 means that heroin is considered a “hard” drug. In the eyes of the law, this is the most serious designation and as such, law enforcement and the prosecution pursue these cases aggressively.

Narcotics listed within the Schedule I are believed to have a high potential for abuse. They have no accepted medical benefits or uses, and there is no protocol that allows someone to use the drug safely, even under medical supervision. Due to this very strict classification, those charged with heroin possession face very serious penalties.

Penalties for Heroin Possession

All heroin possession charges in Illinois are considered felonies. This means they have some of the harshest penalties for those convicted. However, the actual sentence will depend on the amount of heroin a person had at the time of arrest. The amounts and associated penalties for heroin possession are:

  • 15 to 100 grams: 4 to 15 years in state prison, or a maximum fine of $200,000, or both.
  • 100 to 400 grams: 6 to 30 years in state prison, and/or a maximum fine of $200,000 or the street value of the drug.
  • 400 to 900 grams: 8 to 40 years in state prison, and/or a maximum fine of $200,000 or the street value of the drug.
  • 900 grams and over: 10 to 50 years in state prison, and/or a maximum fine of $200,000 or the street value of the drug.

In certain circumstances, these penalties are increased. For example, those caught in possession of heroin with 1,000 feet of a school, park, movie theater, or church can have their sentences doubled. This is also true for those found in possession of heroin and a firearm.

The penalties for heroin possession are certainly some of the harshest of all Illinois drug crimes. Those facing charges need the help of an attorney that can build a solid defense for their case.

Call Our Rolling Meadows Drug Crime Attorney Today

If you are facing heroin possession charges, or have been accused of any other drug crime, call a skilled Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley at 847-394-3200. We can represent you if you are questioned by the police and challenge searches of your vehicle or home, all to create a strong defense for your case. Learn more about how we can help by calling or filling out our online form for your free case evaluation today.

 

Source:

https://thesouthern.com/news/local/crime-and-courts/du-quoin-man-gets-prison-time-for-possessing-heroin/article_4f926a6e-312c-5974-992d-8407edb1d927.html

Illinois Considers Reducing Minimum Sentences for Certain Charges

May 9th, 2019 at 4:38 pm

Illinois criminal lawyerIllinois lawmakers want to change the laws on mandatory minimum sentences for some crimes. In mid-April, the Illinois House of Representatives voted on legislation that would give judge’s more discretion during sentencing. If recent House Bill 1587 becomes law, judges could consider further reducing minimum mandatory sentences for individuals convicted of drug possession, retail theft, and driving on a revoked license because of unpaid fines, child support, and other financial obligations.

The Court System and the Proposed Law

Currently, when a defendant is convicted of a crime, a judge has a range of sentences to choose from during sentencing. Each crime has a minimum mandatory sentence, as well as a maximum mandatory sentence. Judges are granted some discretion, but they cannot move outside of that range. A judge will consider a defendant’s past criminal history, and the nature surrounding the crime and determine what sentencing within that range is fair.

Under the proposed law, however, judges would have much more discretion in cases involving certain revoked licenses, retail theft, and drug possession charges. For example, if an individual was convicted of possessing a small amount of marijuana and had no criminal history, a judge may not impose the minimum sentence, but reduce the sentence even further.

Current Penalties for Crimes

If the proposed law is passed, it will be a huge move for the criminal reform so many have called on Illinois legislators to make. Currently, those convicted of these non-violent crimes face severely harsh penalties and in many cases, jail time that many argue is unnecessary when the person poses no threat.

Some of the current penalties in Illinois for these crimes include:

  • Marijuana possession in an amount between 10 and 30 grams: Up to one year in jail;
  • Meth possession in an amount of fewer than five grams: Minimum two years in prison;
  • Misdemeanor retail theft (value less than $300): Up to one year in county jail;
  • Felony retail theft (value over $300): One to three years in prison; and
  • Driving on a revoked license for financial obligations: Minimum sentence of 30 days in jail.

As the lawmakers have been arguing, clearly some of these minimum sentences need to change. However, with lawmakers on either side debating the issue, some have raised concerns about the proposed bill. Some believe the criminal justice system is not broken, and so there is no reason to fix it.

Still, the bill passed the House of Representatives by a very narrow margin. In order for the bill to be passed, the Senate would have to debate it within the next coming weeks.

Facing Criminal Charges? Contact a Rolling Meadows Criminal Defense Lawyer

This new proposed law is good news for those convicted of certain crimes, but it is one that will still only apply after someone is convicted of those crimes. Those facing criminal charges still need the help of a criminal defense attorney for help ensuring their case does not make it that far.

If you have been charged with a crime, contact skilled Rolling Meadows criminal defense attorney Christopher M. Cosley at 847-394-3200. We will help you build a solid defense so you can retain your freedom and beat the charges. In some cases, we may also negotiate with the prosecution and make solid arguments in court to have charges or sentences reduced. If you are facing criminal charges, do not try to go it alone. Call us today or fill out our online form for a free case evaluation.

 

Source:

https://www.northernpublicradio.org/post/legislation-would-let-judges-depart-mandatory-minimums-only-few-crimes

 

Back to Top Back to Top Back to Top