Chicago Heroin Defense 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
felonies.
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
is nearby.
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.
Regardless of whether you are charged with simple possession or something
more, the government has the burden of proving beyond a reasonable doubt
that you knowingly possessed the drug. As with all drug charges, you cannot
be convicted of possessing something you were unaware of. Additionally,
even if you knowingly possessed the drug, the evidence may be suppressed
if law enforcement disregarded the Constitution in order to arrest you.
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
simple possession:
0-1 gram is a Class 2 felony, punishable by 3-7 years in prison under 720
ILCS 570/401(d)(i)
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
criminal record.
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.
Contact Thomas C. Hallock if you need a skilled and committed heroin defense
attorney in Chicago.
Call the firm at (888) 412-3741.