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Archive for the ‘Illinois Controlled Substances Act’ tag

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

Narcotic Drug Laws in Illinois

February 20th, 2017 at 8:37 am

narcotic drug, Rolling Meadows Criminal Defense LawyerSome of the most commonly committed drug offenses in Illinois involve narcotic drugs. Criminal defendants across Illinois are arrested and charged with possession, sale, distribution, or manufacturing of narcotics, but do not fully understand what those charges mean.

Often, people are unclear on what a narcotic drug is, and instead merely know drugs by their street names—heroin, cocaine, opium. For clarification, under Illinois law, narcotic drugs include:

  • Opium and opiates, such as:
    • Oxycodone;
    • Codeine;
    • Hydrocodone;
    • Methadone; and
    • Hydromorphone.
  • Heroin;
  • Cocaine; and
  • Ecgonine (a cocaine-like substance).

Illinois is tough on drug offenses involving narcotic drugs because of their highly addictive nature, and people who use these drugs often form physical and psychological dependencies on these drugs. There is also a risk that a person taking these drugs could overdose.

More Information About the Illinois Controlled Substances Act

The Illinois Controlled Substances Act lays out the law concerning the possession, manufacture and distribution of controlled substances in Illinois. Substances that are considered controlled substances are broken down into five groups, or schedules. The schedules are arranged in descending order concerning risk of potential abuse and whether the substance has practical medical applications.

Schedule I substances have a high risk of abuse, and no accepted medical use. Schedule V substances, on the other hand, have a low risk of potential abuse, and have a high level of medical applicability. Opiates are generally classed as Schedule I substances, while cocaine and cocaine-like substances are classified as Schedule II substances.

If you have been charged with a narcotics offense, an experienced defense lawyer can help you identify the exact charges you are facing and what the possible consequences can be if you are convicted. Your lawyer will review your charging document to properly identify the controlled substance offense with which you are charged. Based on the Schedule of the narcotic your lawyer can identify the portion of the Controlled Substances Act that applies to your offense.

Being caught in possession of a narcotic drug substance is a felony, and the degree of felony depends on how much of the substance is found in your possession. The sale or distribution of a narcotic in Illinois is a felony as well. Similarly, the manufacture of narcotics is also a felony level offense. A felony conviction can have a serious and long-lasting impact on your life. You will need an experienced drug offenses lawyer to help you fight the charges against you.

Call The Law Offices of Christopher M. Cosley

Criminal charges for possession of a controlled substance, distribution, or manufacturing are serious and they carry significant penalties if you are convicted. It is important for you to work with a skilled Rolling Meadows criminal defense attorney who has experience handling drug cases like yours.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

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