What Is 410 Probation in Illinois?

 Posted on January 15, 2019 in Probation

According to the Illinois Controlled Substances Act, a person arrested for possession of certain illegal drugs in the state may face felony charges. This is true even if it is their first offense. However, in Illinois, some defendants may be eligible for 410 Probation. This can allow those facing possession charges to avoid jail time. Few are aware though, of how 410 Probation works in Illinois.

Felony Possession Charges in Illinois

Not every possession charge will be considered a felony in Illinois. In order to be facing felony charges, a person must have been in possession of:

• 15 grams or more of LSD, morphine, heroin, or cocaine;
• 30 grams of more of pentazocine, ketamine, or methaqualone; or
• 200 grams or more of amphetamines, peyote, or barbituric acid.

The most minor of these charges can result in a Class 1 felony charge. If convicted, an individual may face four4 to 15 years in prison and up to $25,000 in fines. However, individuals that are facing a first offense for felony drug charges may be eligible for 410 Probation.

410 Probation

In order to be eligible for 410 Probation, individuals must meet certain requirements. One of these is that the individual cannot have any previous drug charges, including those involving cannabis. They also could not have been placed on probation in the past.

In order to accept the probation, individuals must plead guilty to the drug charge. After the guilty plea is accepted, a judge will place the individual on probation instead of entering a judgment.

While on probation, the individual will have a number of conditions that must be met. These include:

• No weapon possession while on probation;
• No criminal violations;
• Random drug testing;
• 30 hours of community service;
• Possible fines;
• Possible rehabilitation; and
• Continued court appearances throughout the probation time.

Once the probation has been completed successfully and the individual has met all the conditions, the court will then dismiss the charge.

The biggest benefit of 410 Probation is that it allows individuals to avoid prison time. Due to the charge being dismissed from their record after probation is completed, the charge will also be cleared from the individual’s public record.

If a background check is done by future employers or landlords, the record will show that the individual was charged with a felony drug charge, but that the charges were dismissed. After five years, individuals that have successfully completed 410 Probation can petition the court to have their record sealed.

Contact a Rolling Meadows Criminal Defense Lawyer that Can Help

While 410 Probation has many advantages for those facing first-time felony drug charges, the program also has some drawbacks. For example, if an individual violates the conditions of their probation, they will not be able to contest the charge in court because they have already pled guilty. In addition, if the court determines the individual has a significant drug problem, they may also deny the possibility of probation.

If you have been charged with a felony drug charge, contact a skilled Rolling Meadows criminal defense lawyer that can help. We can review your case and determine whether or not 410 Probation is a possibility, and if it is in the best interest of the accused individual. Call us today at 847-394-3200 for your free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K410