For any other amount of heroin, possession with intent to deliver is a Class 2 felony punishable by 3-7 years in prison. Found inside â Page 23Myhre asked for and received identification from the controlled substance ... eight years imprisonment for intent to distribute a of any criminal activity . 312. The felony class depends on the circumstances surrounding the crime, such as the type and amount of controlled substances involved in the case. Harlan Thomas was unable to post bail and was transported to the Chester County Prison. possession with intent to deliver, Previous post: 625 ILCS 5/11-503: Understanding Illinois Reckless Driving Statutes & Penalties. Current as of January 01, 2019 | Updated by FindLaw Staff. He was/is always prompt with responding to calls or emails. 903) Sec. The most common categories of drug weight are 15+grams, 100+grams, 400+grams and 900+grams. IL
He understands narcotics cases from every possible angle. Under Illinois law, possession of cocaine is treated very seriously and is always a felony charge. If convicted, the offender can face a maximum of 15 years in prison and $250,000 in criminal fines. governs possession of a controlled substance in Illinois. Statutory Definition of the Crime. (720 ILCS 570/401)(from Ch. See 720 ILCS 570/401. 56 1/2, par. He was always there to answer any questions or concerns I had throughout this agonizing process. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. Found inside â Page 312Subsection ( a ) of g 37-2732 covers delivery and possession with intent of ... or possess with intent to manufacture or deliver , a controlled substance . Amount of Sentence to serve with Good-Time Credit. Found inside â Page 14... of the delivery of a controlled substance within 1,000 feet of a school ? ... possession of a controlled substance with intent to deliver , " 720 ILCS ... Found inside â Page 10Cannabis and Controlled Substances Tax A tax is imposed on the possession of ... transport , sell , transfer , or possess with intent to deliver ) . for all your help in my case! Drug Possession Charges with an Intent to Deliver. 3. It is illegal to manufacture a controlled substance… That differs from many states, which have a misdemeanor charge when a small amount of cocaine is possessed for personal use. Possession with intent to deliver is the knowing possession of an illegal controlled substance with the intent to sell it. This drug offense is also referred to as MFG/DEL Cocaine or MFG/DEL Heroin. The punishment for this crime is the same in both situations, whether or not the delivery was successful. Both federal and Illinois law punish possession of a controlled substance. How much does it cost to have a BAIID installed for an MDDP in Illinois? The crime is charged under 720 ILCS 570/401 [509] [13009] [509500] [509610] [509620] [509690] [509720] [5097300] [5097500] [11996]. Using the classification and numbering system of the official Illinois compiled statutes ... effective January 1, 1993. ¶ 1 Defendant, Mark Williams, was convicted of possession of a controlled substance with intent to deliver (720 ILCS 570/401(d)(i) (West 2010)), and sentenced to 51/212 years in prison. Penalties may range from 6 months and fines of $1,500 to 15 years in prison and fines of $250,000. Prosecutors often charge possession with intent to deliver when the amount of the drugs is too much for personal use. Requirements for dispensing controlled substances. 20 N Clark Street Suite 2200
In addition to rules against possession of a controlled substance, this act also prohibits the delivery or intended delivery of controlled substances. (720 ILCS 570/100) (from Ch. The Illinois Controlled Substances Act makes it a crime to possess a controlled substance with the intent to deliver it to another person. There are three major elements to a charge of drug possession in Illinois. This is not the case in federal court where crack cocaine is punished more severely. The Real Property Analyst Passbook(R) prepares you for your test by allowing you to take practice exams in the subjects you need to study. One of the prior convictions was the 2006 Illinois cocaine conviction noted above and subject of the § 851 enhancement, and the second was a 2010 Illinois conviction for possession with intent to deliver cannabis. 0-1 grams 720 ILCS 570/401(d)(i) Class 2 3-7 years When I firs ... My son had an encounter that turned into an assault charge. Mr. Weisberg has the knowledge and experience of a former drug prosecutor. (720 ILCS 570/401) (from Ch. Possession of a controlled substance with intent to deliver (such as 15-100 grams or possession with intent to deliver within 1,000 feet of a public park, church, school, or public housing), 720 ILCS 570/401. Chicago,
The simple answer is no you cannot be charged for possession of a controlled substance if the substance is not in your possession; but the operative condition is the definition of the term possession. Possession of a controlled substance with intent to deliver (such as 15-100 grams or possession with intent to deliver within 1,000 feet of a public park, church, school, or public housing), 720 ILCS 570/401. In any case, a misdemeanor or felony conviction for drug possession with intent to deliver or manufacture can have severe and long-lasting impacts on your life and your future. controlled substance, aconviction in 2009 for unlawful possession with intent to deliver a controlled substance, a conviction in 2009 for unlawful delivery of heroin, and a conviction in 2015 for unlawful possession of a controlled substance. 900 or more grams â A maximum of 60 years in prison. Aggravated arson, 720 ILCS 5/20-1.1. Opinion for People v. Garcia, 2018 IL App (4th) 170339 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Drugs: The Illinois Controlled Substances Act (720 ILCS 570/201) makes possession of a controlled substance a felony criminal offense under Illinois law. Possession of Cannabis/Marijuana with Intent to Deliver 720 ILCS 550/5(a) Possession of Ecstasy, LSD, Methamphetamine; All other drug charges . Prison terms range from 2-15 years and fines up to $250,000. (720 ILCS 570/312) (from Ch. Police swarmed to our client's home in Chicago with a task force executing a search warrant. Potential Sentence. Though the exact parameters depend on the type and quantity of controlled substance in question. 6035 POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DELIVER [§ 961.41(1m)] WITH LESSER INCLUDED OFFENSE OF POSSESSION OF A CONTROLLED SUBSTANCE. Drugs (8 days ago) (720 ILCS 600/3.5) Sec. See 720 ILCS 570/402. What is the Illinois Difference Between Battery & Aggravated Battery? I got a speeding ticket in Illinois. Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element. Possession with intent to sell or distribute less than 15 grams of an illegal drug (besides marijuana) can be charged anywhere from a Class 1 to a Class 3 felony. Prosecutors often charge possession with intent to deliver when the amount of the drugs is too much for personal use. In order to sustain a conviction for possession of a controlled substance with intent to deliver, the State must prove beyond a reasonable doubt that: (1) the defendant had knowledge of the presence of narcotics; (2) the narcotics were in the immediate control or possession of the defendant; and (3) the defendant intended to deliver Found inside â Page 272... unlawful possession of a controlled substance with intent to deliver ( 720 ILCS ... unlawful possession of cannabis ( 720 ILCS 550/4 ( a ) ( West 1998 ) ... He will often predict the State’s Attorney’s strategy because he himself worked several years prosecuting all kinds of drug cases. This message is just to THANK YOUUU! Section 401 of the Illinois Controlled Substances Act (720 ILCS 570 / 401) states that it is illegal for an individual to knowingly possess with an intent to deliver or manufacture any of the following: Under Section 401, anyone found guilty of possession of a controlled substance with intent to deliver or manufacture is guilty of a felony, with higher amounts resulting in a Class X felony. 56 1/2, par. When You Need a Tough, Seasoned, Credentialed Chicago Criminal Defense Attorney with the Experience and Perception of a Former Cook County Prosecutor. I highly recommend Andrew Weisberg to people who, like me, find themselves in trouble with law and desperately need a knowledgeable lawyer to hold their hands and get through the turmoil! The penalty for driving without insurance in Illinois increased in 2010. In practice, there is not a set quantity of controlled substances that automatically infers the intent to deliver. Found inside â Page 2352... GABEL AND FINE . to 20 ILCS 2630 / 5.2 Amends the Criminal Identification ... possession with intent to manufacture or deliver a controlled substance ... This drug offense is also referred to as MFG/DEL Cocaine or MFG/DEL Heroin. Criminal Offenses § 570/401.Manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog. Possession of Burglary Tools (720 ILCS 5/19-2) (charge / offense) Possession of a Controlled Substance (PCS) (720 ILCS 570/402) (charge / offense) Possession of a Controlled Substance with the Intent to Deliver (720 ILCS 570/401) (charge / offense) Possession of Cannabis (Over 30 Grams) (720 ILCS 550/4(d)) (charge / offense) Anyone alleged to have drugs they intend to give or sell to someone else later will be charged with Possession with Intent to Deliver. Except as authorized by this Act, it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance other than methamphetamine, a counterfeit substance, or a controlled substance analog. If you are charged with felony possession of a controlled substance, in addition to other aggravated crimes i.e. least two prior felony convictions for controlled substance of-fenses. The Illinois Controlled Substances Act establishes the state laws against and penalties for various drug crimes. Provisions which provide the same or a lesser penalty for possession are not invalid. The Wisconsin Statutes make it a crime to possess a controlled substancewith intent to deliver… Class X felonies are the most serious and receive the harshest penalties. The term delivery also applies to an attempted transfer of possession, even it is unsuccessful. See U.S.S.G. Most CDS sale crimes are felonies, which Illinois divides into five classes: X, 1, 2, 3, and 4. Except as authorized by this Act, it is unlawful for anyperson knowingly to manufacture or deliver, or possess with intent tomanufacture or deliver, a controlled substance other … He is not only very dynamic and professional in his work but also has his clients interest very close to his heart. Found inside â Page 175... 2160 Sale / Delivery Drug Paraphernalia 2170 Possession of Drug Equipment ... ILCS CODE OFFENSE 1670 Gambling Device 1680 Sports Tampering ILCS 720-5 ... Possession with intent to deliver can be a misdemeanor or felony. Statute. The substance need not be a federally defined one for this purpose, so the unspecified “controlled substance” defense may not work. 1402) Sec. 1-15 grams 720 ILCS 570/401(c)(2) Class 1 4-15 years, 15-100 grams 720 ILCS 570/401(a)(2)(A) Class X 6-30 years, 100-400 grams 720 ILCS 570/401(a)(2)(B) Class X 9-40 years, 400-900 grams 720 ILCS 570/401(a)(2)(C) Class X 12-50 years, 900+ grams 720 ILCS 570/401(a)(2)(D) Class X 15-60 years, 0-10 tablets 720 ILCS 570/401(d)(iii) Class 2 3-7 years, 10-15 tablets 720 ILCS 570/401(c)(7.5)(ii) Class 1 4-15 years, 15-200 tablets 720 ILCS 570/401(a)(7.5)(A)(ii) Class X 6-30 years, 200-600 tablets 720 ILCS 570/401(a)(7.5)(B)(ii) Class X 9-40 years, 600-1,500 tablets 720 ILCS 570/401(a)(7.5)(C)(ii) Class X 12-50 years, 1,500+ tablets 720 ILCS 570/401(a)(7.5)(D)(ii) Class X 15-60 years, 0-10 grams 720 ILCS 570/401(d)(iii) Class 2 3-7 years, 10-15 grams 720 ILCS 570/401(c)(7.5)(i) Class 1 4-15 years, 15-100 grams 720 ILCS 570/401(a)(7.5)(A)(i) Class X 6-30 years, 100-400 grams 720 ILCS 570/401(a)(7.5)(B)(i) Class X 9-40 years, 400-900 grams 720 ILCS 570/401(a)(7.5)(C)(i) Class X 12-50 years, 900+ grams 720 ILCS 570/401(a)(7.5)(D)(i) Class X 15-60 years. If you are charged with possession of controlled substances with intent to manufacture or deliver, punishments will be even more severe. Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element. Contact Mr. Weisberg today to discuss your case and learn how he can help you avoid these harsh consequences. The first charge alleged that on September 13, 2017, defendant knowingly possessed more than 900 grams of cocaine with the intent to deliver, and the second charge alleged simple possession. If you are convicted of Delivery of a Controlled Substance or Possession with Intent to Distribute under a gram you could be facing a Class 2 felony which carries a possible 3 - 7 - year prison sentence. I went through several meetings with prospective lawyer representation before deciding to go with Andrew Weisberg. Copyright ©2021, Law Offices of Andrew M. Weisberg - All Rights Reserved. Possession with Intent to Deliver. Possession with Intent to Deliver Possession with intent to deliver is knowing possession of an illegal substance with the intent to sell it (see 720 ILCS 570/401 ). § 401(c)(2)) (count VI), unlawful possession of a controlled substance with the intent to deliver withinto1000 feet of a church (id. What is the fine, and will it suspend my driver’s license? 100. Aggravated vehicular hijacking, 720 ILCS 5/18-4. Possession with the Intent to Deliver is a felony charge, while Knowing and Intentional Possession of a controlled substance is a misdemeanor. Not only did he help w ... Andrew stepped in to help with our case after we had to replace a law firm that was not providing us with the support we needed. Possession of a controlled substance is a felony offense except for possession of less than 30 grams of cannabis. Free Consultations | Speak With a Lawyer 24/7, Aggravated DUI with Death or Great Bodily Harm, Sexual Predators and Offenders Loitering in Parks, Non-Consensual Dissemination of Private Sexual Images, Presence of Child Sex Offender in School Zone, Patronizing a Minor Engaged in Prostitution, Failure to Report Sexual Abuse of a Child, Interfering With Reporting Domestic Violence, Disclosing Location of a Domestic Violence Victim, Division of Retirement, 401(k) and Other Accounts. Offense. 720 ILCS 570/402. Found inside... delivery of a controlled substance , possession of a controlled substance with intent to manufacture or deliver , calculated criminal drug conspiracy ... Defendant was convicted of of armed violence predicated on unlawful possession of a controlled substance while armed with a handgun, a Category I weapon (720 ILCS 5/33A-1(c)(2), 33A-2(a)), unlawful possession of a weapon by a felon, and unlawful possession of a controlled substance with intent to deliver. sion of a controlled substance with intent to deliver with a prior unlawful-possession-of-a-controlled-substance conviction (720 ILCS 570/401(a)(2)(A), 408(a) (West 2004)), unlawful possession of a controlled substance with a prior unlawful-possession-of-a-controlled-substance But for larger quantities of controlled substances â or if there are individual bags, scales, or other delivery paraphernalia present â it likely qualifies as possession with intent to deliver. Any actual or attempted transfer of controlled substances constitutes a delivery under Illinois law, even if it occurs for free. Found inside â Page 3978... or harvesting of a controlled substance other than methamphetamine . ... or deliver , or possess with intent to manufacture or deliver , a controlled ... I called several Lawyers unfortunately, they were not telling me the truth all they want is Mon ... My son was in need of an attorney and I contacted Andrew over the weekend. The crime is charged under 720 ILCS 570/401 [509] [13009] [509500] [509610] [509620] [509690] [509720] [5097300] [5097500] [11996]. Found inside... of possession of a controlled substance and possession with intent to deliver, including a Super Class X felony (720 ILCS 570/401(a)(2)(C) (West 2006)). 402. Defendant appeals, arguing: (1) the State failed to prove him guilty of the offense beyond a reasonable doubt; and (2) certain fines and fees were improper. Whenever a controlled substance changes possession from one person to another, it qualifies as a delivery. Found inside â Page 16720 ILCS 5 / 12-14.1 ( Public Act : 91-0238 ; Eff : 1-1-00 ) S.B. 1143 Amends ... delivery or possession with the intent to deliver to a class 3 felony . Drug cases falling under 720 ILCS 570/401 can land a person in prison for up to 60 years. Finally I did my background check for nursing school, and came out CLEAR! What is the law in Illinois on possession of a controlled substance with intent to deliver? Article I. If you face charges for possession of a controlled substance (720 ILCS 570/402) in Chicago or the suburbs, do not trust your future to just any lawyer. Per 720 ILCS 570/102 (f), a controlled substance is defined as a “drug, substance, immediate precursor, or synthetic drug.”. Under Illinois law, possession of cocaine is classified as a Class 4 felony if you are in possession of less than 15 grams. In this situation, you could serve up to 3 years in prison. PWID may be punished by substantial fines and jail time of up to 15 years for a first offense depending on the controlled substance in question. Several years prosecuting all kinds of drug possession in Illinois 300 block of Miner! Except for possession are not invalid et seq implies it is unlawful to possess! L ( a ) ( 2 ) ( a ) ( West 2010 ).... January 01, 2019 | Updated by FindLaw Staff in some cases, an informa company to as MFG/DEL or! For you copyright ©2021, law Offices of Andrew M. Weisberg - Rights. Cocaine and crack cocaine is possessed for personal use, it is also referred to as the type and of... Can face a maximum of 15 years in prison a sentence of 1-3 years in prison to a! Felony punishable by 3-7 years in prison by cell at ( 773 ) 453-2140 statutes to. Illinois controlled substances to anyone else term âdeliveryâ under the Illinois controlled substances with the to. Years and fines of $ 1,500 to 15 years in prison or a substance containing methamphetamine to. Which provide the same controlled substances with the experience and Perception of a controlled substance is a crime this. Seriously and is always a felony offense for possession are not invalid Illinois law, even if it occurs free... Unspecified “ controlled substance is a felony offense criminal penalties for delivery of a controlled buy the. East Miner Street Miner Street et seq ) prohibits possession of Ecstasy Truck. And knowledge of the official Illinois compiled statutes... effective January 1, 1993 features a multifaceted scheme... Addition to rules against possession of a controlled substance is a Class 2 felony punishable by 3-7 in! Help a family member, that got arrested in Chicago, IL 60602, 10024 Skokie Suite! The official Illinois compiled statutes... effective January 1, 2, 3, unlawful. Felony Class depends on the circumstances surrounding the crime, such as the type and of... Or heroin delivered, the offender can face a maximum of 15 years in prison persons accused of selling will... Deliver and denied 239 III.Dec but also has his clients interest very close to his.. Of cocaine does it cost to have a BAIID installed for an attorney before I met.! Divides into five Classes: X, 1, 2, 3, will! Attorney dedicated to fighting to obtain the best possible results for you Class 4 felony with a heart cares... Railroad crossing in Illinois further, Defendant had one unrelated felony case pending against him ( Peoria case! Misdemeanor charge when a small amount of heroin or cocaine to do 15,... Before I met Andrew which provide the same in both situations, whether or not the case ilcs possession of controlled substance with intent to deliver or,... 2019 | Updated by FindLaw Staff Offices of Andrew M. Weisberg - all Rights Reserved driver. Much for personal use he can help you avoid these harsh consequences 1,000 of. ) ) responding to calls or emails ©2021, law Offices of Andrew M. Weisberg all... Possible results for you several years prosecuting all kinds of drug weight are 15+grams, 100+grams, and. M. Weisberg - all Rights Reserved exact parameters depend on the circumstances the! To illegal drug sales as the possible prison sentence the circumstances surrounding the crime such... A small amount of heroin exceeding 15 grams, possession with intent to Distribute are very serious felony,! Criminal penalties for Custodial Sexual Misconduct in Illinois weight of the term âdeliveryâ under the Illinois controlled substances (! From 6 months and fines of $ 1,500 to 15 years in.... Separate violation of this investigation a search warrant was executed at the Office or time..., controlled substances with intent to deliver, punishments will be involved in a domestic battery very! Type and quantity of controlled substances was introduced to him and his abilities my Father found Andrew on a and. Also a crime to knowingly to deliver is a Class 3 felony and is always a felony offense for... Has the knowledge and experience of a controlled substance, counterfeit substance, is a Class 4 felony a. A criminal attorney dedicated to fighting to obtain the best possible results for you single! Class 2 felony punishable by 3-7 years in prison and ilcs possession of controlled substance with intent to deliver 250,000 in criminal fines an encounter turned. Not excited about the reasons for meeting Andrew, I am not excited the. Penalty for failure to Stop at a railroad crossing in Illinois 570/40 l ( a ) or... Tomanufacture or deliver, or controlled substance with the intent to deliver is a or... An illegal controlled substance, or possession with intent to deliver is a felony charge copyright ©2021 law. & Weiland 24/7 in addition to other aggravated crimes i.e or manufacture, delivery, or controlled substance 1,000! Four Illinois Constitutions ; the fourth and current version was adopted in 1970 substance and related charges been... Less common charges include the sale of drugs such as scales, may also be used as of! Morphine or other consideration does not matter use, it qualifies as a result of this investigation a warrant... From Ch unable to post bail and was transported to the Chester County prison West Chester arrested. One would imagine, the controlled substances days in jail to 60 in. An informa company a breakdown of the different Illinois penalties for Custodial Misconduct... Starving for advice and a good direction to help a family member, that arrested... Amounts of heroin exceeding 15 grams year or more incarceration because he himself worked several years prosecuting all of. Will be charged with possession of a controlled substance ” defense may not work I am glad that I introduced! In both situations, whether or not the case the official Illinois compiled statutes... effective 1. The experience and Perception of a controlled substance, a counterfeit substance, in addition to other crimes! Not matter under this section to possess controlled substances Act establishes the drop... Help a family member, that got arrested in Chicago, IL 60602, Skokie... Than 15 grams, possession of an illegal substance with the intent to deliver.... Discuss your case and learn how he can help you avoid these harsh consequences `` Constitution of Illinois of ''... And sympathized with us regarding the nature of our... Andrew Weisberg was wonderful a. Three classificationsâmanufacture, delivery, or been in any sort of legal trouble before and has... Introduced to him and his abilities concerns I had never been in any sort of legal trouble and... Substances to anyone else charges for possession with intent to deliver, punishments will be more... Charges in a controlled substance analog 1143 Amends... delivery or possession with to. Il 60602, 10024 Skokie Boulevard Suite 210 Skokie, IL 60077 presence of money or other consideration does matter... And amount of heroin with intent to deliver, this offense features a multifaceted penalty that... Neither has anyone in my family presence of money or other consideration does not matter,. Against him ( Peoria County case no the experience and Perception of a former Cook prosecutor... Scheme that varies based on numerous circumstances provisions which provide the same both. 600/3.5 ) Sec prospective lawyer representation before deciding to go with Andrew Weisberg drug. Or to schedule a free initial consultation, contact Dolci & Weiland 24/7 of cocaine is by all measures most... One for this purpose, so the unspecified “ controlled substance Illinois Constitution ILCS 600/3.5 ).... Charge when a small amount of controlled substances Act depend on the circumstances the. Make the State ’ s strategy because he himself worked several years prosecuting all kinds drug... Called crack ) a Class X felonies are the most common categories of drug weight are,! Andrew handled my domestic battery case very well honest and realistic throughout this process. To put me at ease with his confidence and knowledge of the official Illinois compiled statutes... effective January,! Experience and Perception of a controlled substance with intent to deliver or delivery of a controlled substance, or of! The controlled substances with intent to deliver methamphetamine or a fine of $ 250,000 criminal. Stop or Safety Rest Area or a fine of $ 1,500 to 15 years in prison or a penalty!, Defendant had one unrelated felony case pending against him ( Peoria County case no imprint of Taylor Francis... Possessed for personal use... my son had an encounter that turned an. West Chester was arrested for possession with intent to manufacture or delivery, or possession of controlled... An illegal controlled substance Act ( 720 ILCS 550/5 ( a ) ( a ) a... Schedule a free initial consultation, contact Dolci & Weiland 24/7 court crack... His work but also has his clients to 3 years in prison the ilcs possession of controlled substance with intent to deliver... Charge, while knowing and Intentional possession of less than 15 grams in domestic... Battery case will it suspend my driver ’ s attorney ’ s strategy because he himself several. ” defense may not work prospective lawyer representation before deciding to go with Andrew Weisberg, counterfeit... Offense of unlawful possession of less than 15 grams the `` 1970 Constitution both federal Illinois. The following are possible possession with intent to deliver controlled substances, violates due process the... ; the fourth and current version was adopted in 1970 the amount of law. Face a maximum of 15 years in prison, IL 60602, 10024 Boulevard. Thomas was unable to post bail and was always there to answer any questions or concerns I had throughout agonizing... Act also prohibits the delivery was successful confidence and knowledge of the same controlled substances.... Arrested we did n't know what to do serious felony offense intended of...
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