3
Apr

There are several laws on the books concerning the possession, selling, and distribution of illegal narcotics in Illinois, and the majority of those cases are prosecuted as felonies.  The most common cases we see involve the possession of a controlled substances, such as cocaine, heroine, or methamphetamines.  The law also considers it a felony offense to possess certain medications without a valid prescription, such as Adderall, oxycodone, hydrocodone, etc. 

Possession of a controlled substance in Illinois is considered a class 4 felony which has a maximum sentence of 3 years in prison but it could be as high as 6 years in prison should the offender have a previous felony conviction.  In addition to possible jail time, a felony conviction can have severe consequences that include:

• Restriction of firearm ownership
• Suspension or revocation of professional license
• Difficulty obtaining employment
• Travel restrictions – Persons with a felony conviction may be prohibited from entering certain countries
• Educational opportunities – You may be denied admission into college or federal aid

While there are serious consequences for felony charges, there are several legal mechanisms in Illinois that can possibly get those charges dismissed and even expunged.  Listed below are some of the programs that persons charged with drug felonies may be eligible for.

410 PROBATION

This form of probation is a special probation that allows an offender to plead guilty to the charge of possession of a controlled substance, or possession of a counterfeit substance without having a judgment of conviction on their record.  This probation will last for 2 years and if successfully completed, the case will be dismissed and would be eligible for expungement 5 years after completing the probationary period.   One of the benefits of 410 Probation is that even after pleading guilty to the case, it is not considered a conviction and will never be a conviction as long as the probation is completed successfully. 

Eligibility Requirements

• Must be charged with Possession of a controlled substance or counterfeit substance
• No previous drug felony convictions

Probation Requirements

• Must be 2 years in length
• Cannot violate the law while on probation
• Cannot own firearms or dangerous weapons while on probation
• Must submit to at least 3 drug tests during the probation period
• Perform 30 hours of community service

Benefits of 410 Probation

• A conviction never enters if the probation is successfully completed
• Case is dismissed at the end of the probationary period
• Eligible for expungement 5 years after the end of probation

SECOND CHANCE PROBATION

Second chance probation is similar to 410 probation in that a conviction never enters on the offender’s record even after a plea of guilty and the case will be dismissed once the probation is successfully completed.  The case will be eligible for expungement 5 years from the end of the probationary period.  The main difference between second chance and 410 probation is the eligibility requirements.  While 410 is limited to those persons who are charged with possession of a controlled substance and counterfeit substances, second chance probation is available to those charged with a much wider range of offenses (listed below). 

Eligibility Requirements

• Not previously convicted of any felony offense
• Must be charged with one of the following offenses
  • Possession of a controlled substance
  • Theft
  • Retail Theft
  • Forgery
  • Deceptive Practices
  • Possession of a stolen motor vehicle
  • Burglary
  • Possession of Burglary Tools
  • Disorderly Conduct
  • Criminal Damage or trespass to Property/Residence
  • Fraudulent Identification
  • Obstructing Justice
  • Possession of Cannabis
• Must have consent from the State’s Attorney
• No previous convictions for a violent offense

Probation Requirements

• Must be at least 2 years in length
• Cannot violate the law while on probation
• Cannot own firearms or dangerous weapons while on probation
• Pay restitution if applicable
• Must submit to at least 3 drug tests during the probation period
• Perform 30 hours of community service

Benefits of Second Chance Probation

• A conviction never enters if the probation is successfully completed
• Case is dismissed at the end of the probationary period
• Eligible for expungement 5 years after the end of probation
• More availability than 410 probation

TASC PROBATION

TASC Probation, also known as Chapter 20 Probation, is different from 410 and second chance probation in that it is available to a much wider range of offenses.  While 410 is available only to those charged with possession of a controlled substance and 2^nd chance is available only to the enumerated charges listed above, TASC Probation is available for almost any offense, as long as the offender suffers from a drug or alcohol addiction and there is a significant relationship between the offense and the offender’s substance use disorder.  Additionally, while an offender is on TASC probation, there will be a felony conviction on their record.  However, once the probation is successfully completed, the offender will be able to get that charged dismissed and eventually expunged off their record. 

Eligibility Requirements

• Offender must suffer from a substance use disorder
• There must be a significant relationship between the offense and the substance use disorder
• May not be charged with a crime of violence
• May not have been previously convicted of 2 or more crimes of violence
• May not have any other pending felony charges
• If on Probation or Parole, must have consent from PO

Probation Requirements

• Probation period may last up to 5 years
• Must receive treatment at the direction of the designated program
• Any other conditions as imposed by the court, which could include potential jail time

Benefits of TASC Probaiton

• The felony conviction is temporary and lasts only during the term of probation
• Case may be dismissed upon successful completion of the probation.  Defense must file a motion to dismiss and have that motion heard after the probationary period is complete (This is unlike 2^nd Chance and 410 Probation where those cases are automatically dismissed upon completion of the probation)
• Eligible for expungement 5 years after the end of probation
• More availability than 410 or 2^nd Chance Probation

DEFERRED PROSECUTION PROGRAMS

Unlike the previous programs discussed in this article, Deferred Prosecution Programs are programs run by the county State’s Attorney’s Office and their requirements are not codified within the Illinois statutes.  The availability of these programs will vary greatly from county to county and are not available in all counties.  The advantage of going through these programs is that most do not require the offender to enter a plea of guilty with the court.  Instead the court will allow the criminal case to pend while all the requirements of the program are completed.  After completion of the program, the criminal charges are usually dismissed.  The advantage of getting charges dismissed in this manner, as opposed to the other forms of probation discussed in this article is that the case would be immediately eligible for expungement. 

Eligibility Requirements

• Varies by County but usually includes
  • Community Service Work
  • Treatment
  • Restitution

Program Requirements

• Varies by County but almost always includes:
  • No prior criminal history
  • Non-violent offense
  • Lower level felony offense (usually class 3 or 4)

Benefits of Deferred Prosecution

• Usually involves case being dismissed without entering a plea of guilty
• Immediatley eligible to have case expunged from record. 

If you are charged with a drug felony, even if you do not wish to take your case to trial, it is always advisable to speak with an experienced criminal defense attorney in the county where you are charged.  In a lot of cases, there will be options available to keep the felony conviction off your record. 

Written by Attorney Jonathan James

Rockford Criminal Defense Attorney