Our firm represents a variety of drug charges. Personally, I have been practicing law for 31 years, and throughout that entire time, I have focused on Criminal Defense law. I began my career as an Assistant Public Defender in Cook County. In this position, I handled everything from routine cases of misdemeanor narcotics possession to felony possession, delivery, and manufacturing of drugs.
What Determines Whether A Drug Charge In Cook County Or DuPage County Will Be Charged As A Misdemeanor Or Felony?
Every drug charge in Illinois is determined by the amount (weight) of the narcotic that is being dealt with in the charge. The amounts connected with each level of charge vary from drug to drug. The classes of charges begin at a class A misdemeanor and continue to those of class X felonies.
What Are Potential Sentences For Misdemeanor And Felony Drug Convictions In Illinois?
There is incredible variance in the potential sentences for drug convictions in Illinois.
In the state of Illinois, there is a drug court. This drug court sentences countless cases each year. There are sentencing standards for each type of drug conviction, however, the nature of each case is very specific, so it is impossible to say what the outcome may be. Sentences may range from Deferred Prosecution to 30 years of prison time.
The factors that may affect sentencing may include but are not limited to the type of crime, your criminal background, the circumstances of the offense, what the political trend is at the time in relation to the type of offense.
This politicization is particularly relevant to cases involving Marijuana. Since the legalization of Marijuana in Illinois, judges and prosecutors have taken a different approach. It is not legal to sell or purchase Marijuana outside of a dispensary setting. Because of this, Marijuana cases are still being charged, however, it is much more common for judges and prosecutors to offer alternative sentencing options.
Very often in Marijuana cases, prosecutors will offer Deferred Prosecution.
In Deferred Prosecution, the state’s attorney offers you a drug class and/or community service as a corrective penalty for your offense. Once you have attended and cooperated with these requirements and have proof of completion, the prosecutor will agree to dismiss the marijuana charges.
It is always important to speak with an attorney in regard to your drug case in order to evaluate your options and make the best decision possible.
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