Chicago Heroin Defense Attorney
Those suffering from addiction to heroin know how difficult it is to end
the addiction cycle. Numerous medical professionals agree that addiction
is a disease and that those who are enveloped in addiction need resources
to help them overcome the disease. When a person is dependent on heroin
or any other opioid, the constant use of the substance actually alters
the way their brain functions and leads to the addict having uncontrollable
cravings in addition to diminished judgement and reasoning abilities.
When a heroin addict tries to get clean without the support of professional
rehabilitation interventions, he or she has to endure extremely painful
and agonizing withdrawal symptoms that make the process almost impossible.
If you have been
arrested in Chicago for heroin possession, you may be an addict who has little control over your choices because
your addiction runs so deep. You need effective rehabilitation, not fines
and prison time. However, if you are arrested for delivering heroin or
possessing heroin with intent to distribute, you face significant legal
penalties. If you have been placed under arrest for a heroin charge, call
Thomas C. Hallock, a Chicago heroin criminal defense attorney, immediately.
Anyone who is caught by law enforcement for possessing, selling, manufacturing,
or trafficking heroin will need to have the most experienced and effective
criminal defense attorney in Chicago fighting on their behalf so they can see their best possible outcome.
Do Not Fight Your Chicago Heroin Charges Without an Experienced Attorney
Heroin charges are relatively common in Chicago and the surrounding suburbs.
In Illinois, heroin charges usually occur in two broad categories: possession
under 720 ILCS 570/402 or manufacturing/delivering/possessing with intent
to deliver under 720 ILCS 570/401. Both categories are
Possessing heroin without evidence of selling it is known as "simple
possession." You likely will be charged with simple possession of
heroin if you have a small amount, in one bag or container, and no scale
On the other hand, you likely will be charged with manufacturing/delivering/possessing
with intent to deliver heroin if you have a large amount, have multiple
bags or containers, or a scale is nearby. Obviously, if you deliver heroin
to an undercover officer or an informant, you will be charged with delivery.
Illinois Penalties for Possession of Heroin
Possession of 0-15 grams of heroin is a Class 4 felony, punishable by 1-3
years in prison under 720 ILCS 570/402(c)
Possession of 15-100 grams of heroin is a Class 1 felony, punishable by
4-15 years in prison under 720 ILCS 570/402(a)(1)(A)
Possession of 100-400 grams of heroin is a Class 1 felony, punishable by
6-30 years in prison under 720 ILCS 570/402(a)(1)(B)
Possession of 400-900 grams of heroin is a Class 1 felony, punishable by
8-40 years in prison under 720 ILCS 570/402(a)(1)(C)
Possession of 900+ grams of heroin is a Class 1 felony, punishable by 10-50
years in prison under 720 ILCS 570/402(a)(1)(D)
Illinois Penalties for Manufacturing/Delivering/Possessing
with Intent to Deliver Heroin
The penalties for manufacturing, delivering, or possessing with intent
to deliver heroin vary depending on the amount but are more severe than
0-1 gram is a Class 2 felony, punishable by 3-7 years in prison under 720
1-15 grams is a Class 1 felony, punishable by 4-15 years in prison under
720 ILCS 570/401(c)(1)
15-100 grams is a Class X felony, punishable by 6-30 years in prison under
720 ILCS 570/401(a)(1)(A)
100-400 grams is a Class X felony, punishable by 9-40 years in prison under
720 ILCS 570/401(a)(1)(B)
400-900 grams is a Class X felony, punishable by 12-50 years in prison
under 720 ILCS 570/401(a)(1)(C)
900+ grams is a Class X felony, punishable by 15-60 years in prison under
720 ILCS 570/401(a)(1)(D)
Alternatives to a Prison Sentence
Attorney Thomas Hallock's primary goal is always to obtain a complete
dismissal of your charges or a not guilty verdict at trial. If this is
not an option, his fallback position is to obtain court supervision or
placement in a deferred-prosecution program. Both options give you the
opportunity to avoid incarceration and dispose of the charges without
a conviction. Depending on the circumstances, you may be able to remove
the arrest from your
Some examples of deferred-prosecution programs include:
Drug School: Drug school is a program in Cook County that allows clients charged with
simple possession to avoid a conviction. To qualify, the client must have
no felony convictions, and no misdemeanor convictions for selling drugs
or for a violent crime. The client attends 4 drug-education classes, which
take place weekly and are 2.5 hours each. After completing the classes,
the client becomes eligible to have his or her case dismissed.
2nd-Chance Probation: 2nd-Chance Probation is for clients charged with non-violent felonies.
To qualify, the client must have no felony convictions, no convictions
for a violent crime, and no previous placement in a deferred-prosecution
program. Treatment for substance abuse is often part of the program. Successful
completion of the program allows the client to avoid incarceration and
dispose of the felony charge without a conviction.
TASC Probation (Treatment Alternatives for Safe Communities): TASC probation is a program
designed to encourage clients to address the causes of their behavior.
TASC case-managers prepare individualized plans to help participants overcome
their personal challenges and make better choices. Treatment for substance
abuse is often a central focus. Under TASC probation, the judge enters
a conviction against the client when they enter TASC but vacates the conviction
upon successful completion of the program. Acceptance into TASC is often
denied, but a skillful defense attorney can improve your chances of being
admitted into the program.
Drug Court: Drug court is a program for clients charged with non-violent felonies
that have addiction issues. Drug court provides clients with counseling,
drug screening, and drug treatment. Regular court monitoring helps clients
stay on track. Successful completion of the program results in a reduction
of the sentence or even a dismissal of the charges. More important, however,
is that clients leave the program with the skills needed to live a life
free from addiction.
Why Do You Need an Attorney if You Have Been Arrested for Heroin in Chicago?
The war on drugs has taken a specific aim at heroin and the use of other
opioids. In Chicago, there has been significant attention and crack-downs
on the heroin market. Operation Monticello’s Revenge is the name
of just one of the numerous undercover campaigns the city has engaged
in, aimed at reducing narcotics-related incidents.
Without a doubt, if you do not have professional and knowledgeable legal
assistance on your side fighting on your behalf to combat your charges,
you are taking a huge risk. Depending on the details of your case, you
may be facing not only state charges but federal charges and you could
be looking at as many as 60 years in prison and upward of $500,000 in
fines for your heroin-related charges.
Any defendant who decides to forgo the use of an Illinois heroin criminal
defense attorney should make sure to be well-versed in both state criminal
law and federal criminal law, knowledgeable of procedural requirements
and deadlines, understanding of the viable legal options available and
which are the best for a resolution to their situation, and also skilled
in litigation. Without these qualities, a positive outcome in a Chicago
heroin case is unlikely. Working with a seasoned Chicago criminal drug
defense attorney can give you peace of mind that your case will be handled
properly while reducing the possibility of a horrible outcome.
Do You Need to Speak with an Aggressive Chicago Drug Crime Defense Attorney?
Thomas C. Hallock is a
Chicago drug crime defense attorney who will have your back and not give up when it comes to fighting criminal
charges against you. Call Thomas C. Hallock today at (312) 487-2441 for
local residents or toll-free at (888) 412-3741.