Tag Archives: 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.

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Fentanyl Charges in IllinoisFentanyl is a level II prescription drug used to treat patients who are recovering from surgery or those with chronic pain, according to the National Institute on Drug Abuse. Increasingly, however, fentanyl is used for recreational purposes. It works by binding opioid receptors in the brain and increasing serotonin levels, bringing on a state of calm euphoria. Fentanyl, which is a pain killer 50 to 100 times stronger than morphine, is similar to other opioid pain medications in that it is incredibly addictive. And, overdoses are becoming ever more common due to pharmaceutical companies pushing this highly addictive drug. In fact, 28,648 Americans died in 2014 due to opioid overdoses (including fentanyl) and heroin, which is another opioid derivative, according to the Centers for Disease Control and Prevention. As such, the penalties you face for fentanyl possession, intent to sell, or distribution are severe--even more severe than drugs such as cocaine and heroin. If you have been charged with an opioid crime, such as possession, sales, or intent to distribute fentanyl, you need the assistance of an experienced drugs crime attorney at once.

Rising Death Toll Across Illinois Increases Penalties of Fentanyl Crimes

Deaths caused by synthetic opioids rose by 73 percent across the nation in the past five years, according to The Pantagraph. In Illinois, deaths from opioids rose by 120 percent in that time period. The cause for the severe increase in addictions that lead to deaths is likened to poor prescription drug monitoring systems, misleading labels and information about prescription drugs, and dishonest and aggressive pharmaceutical sales. However, it is not the pharmaceutical industries that are held accountable for these addictions. Instead, it is the user that will be stuck with the physical, financial, and legal consequences. Illinois is cracking down on illegal fentanyl possession, possession with intent to sell, and distribution.

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Defending Against Illinois Drug Possession ChargesA conviction for drug possession can have a tremendous impact on your life, affecting everything from your family to your job to your educational opportunities. Aside from the fact that you now have a drug offense in your history that will appear in any criminal background check, a conviction on a drug offense may bar you from certain government benefits in the future and impede your ability to support yourself and your family. While the penalties for drug possession differ under Illinois law according to the type and amount of drug, as well as other related factors, even a first-time conviction for any drug offense can have negative effects on your future.

Defining Drug Possession Under Illinois Law

In the state of Illinois, it is illegal to possess, sell, distribute, or manufacture any amount of certain illegal drugs. Possession is the most simple drug offense under Illinois law; the state can charge you with a crime if you possess any amount of any illegal drug.

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illinois defense lawyer, Illinois drug crime attorney, Illinois criminal lawyer,In Illinois, not only is it illegal to possess, sell, or distribute illegal drugs, it is also a criminal offense to deliver the drugs that caused a person’s death. Illinois’s drug-induced homicide law, passed in 1989, was meant to target drug dealers by imposing high penalties in overdose cases. But more often, friends or romantic partners who use drugs together with the victim are charged under the statute.

Homicide Charges

A person may be charged with drug-induced homicide in Illinois if:

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Illinois criminal defense attorney, Illinois drug crimes lawyer, drug possession,Two bills have been introduced to the Illinois General Assembly, one filed in each chamber, that would that would legalize small amounts of recreational marijuana. Senate Bill 783, sponsored by state Sen. Michael Noland (D-Elgin), and House Bill 218, filed by state Rep. Kelly Cassidy (D-Chicago), would eliminate the possibility of incarceration for the possession of up to thirty grams (just over an ounce) of marijuana for adults age 21 and older. There are, however, some differences between the two bills.

The House Bill

The proposed legislation in the House decriminalizes the possession of up to 30 grams of cannabis, even by those under age 21. Instead of charges of up to a Class A misdemeanor, possession is a petty offense, punishable by a Uniform Cannabis Ticket and fine of $100. The bill lowers the charges for the possession of other amounts of marijuana as well. The possession of over 30 grams but no more than 500 grams would be a Class A misdemeanor instead of a Class 4 felony for a first offense. Subsequent offenses would be charged as Class 4 felonies instead of Class 3 felonies.

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