A Diversion Program Could Help Avoid Prison for Illinois Drug Crimes

St. Charles drug crimes defense attorney diversion program

The state of Illinois takes drug-related crimes very seriously. A person convicted of drug trafficking, drug possession, drug manufacturing and distribution, or another drug-related offense can face years or even decades of incarceration. Fortunately, Illinois law allows some drug offenders a certain amount of leniency if they participate in a diversion program. One of the diversion programs available to drug offenders is called 410 probation. The purpose of the 410 probation diversion program is to help drug offenders avoid a permanent criminal record and lead a law-abiding life after a drug-related arrest.

Who Can Participate in the 410 Probation Program?

Not everyone is eligible for a diversion program such as 410 probation. The court will consider a number of factors to determine whether or not a defendant qualifies for participation in a diversion program. These factors most often include the defendant’s past criminal record, any drug or alcohol addictions, his or her mental health, and the circumstances of his or her offense.

The 410 probation program is named after section 410 of the Illinois Controlled Substances Act, and it is typically only available for first-time marijuana offenders and other first-time drug offenders. During the 24-month program, the defendant may be required to submit to drug screenings, complete an educational program, gain employment, attend counseling, and more. Violating the terms of probation can result in the defendant being convicted of the charges and sentenced to prison time.  

Completion of the 410 Probation Program May Result in Charges Being Dismissed

If a defendant completes the 410 probation program, he or she may be able to have the criminal charges dismissed entirely. The original arrest will not automatically be taken off of his or her criminal record, but the record will show that there was no conviction. If a person is not arrested for the next five years, he or she can pursue an expungement to have his or her record further cleared. For many Illinois criminal defendants, a diversion program like 410 probation allows them to move on with their lives following an arrest without spending time behind bars.

Contact a St. Charles Criminal Defense Attorney

Having a drug conviction on your criminal record can significantly hinder your career, educational, and housing-related opportunities. If you have been charged with a drug crime in Illinois, a diversion program could help you avoid jail time. To learn more about your options, contact a highly qualified Illinois drug crimes defense lawyer from the Law Office of Glenn M. Sowa, LLC. Schedule a free and confidential consultation to discuss your case by calling our office today at 630-232-1780.

 

Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K410
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39
https://www2.illinois.gov/osad/Expungement/Pages/Expungement-and-Sealing-General-Information.aspx