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Orland Park Drug Delivery Charges Lawyer

Will County Controlled Substance Delivery Attorney for Charges Involving Selling or Delivering Drugs

Delivery of a Counterfeit, Look-a-Like, or Controlled Substance within 1,000 Feet of Schools, Public Housing Complexes, Houses of Worship, Public Parks or Senior Citizen Centers

Continuing with Illinois lawmakers' goal of punishing more severely those individuals who deliver illegal substances in places where the substances can do the most harm, Illinois singles out those who deliver such substances in, on grounds associated with, or within 1,000 feet of a: school, public housing complex, public park, house of worship or senior citizen center.

It is important to note that the deliverer need not have actual or constructive knowledge that he was within 1,000 feet of any of the specified locations. All that needs to be shown in order to be convicted of this offense is simply that the individual delivered a controlled substance and he or she was within 1,000 feet of any of the above locations. The state can meet this burden by having a police officer, most often the officer who made the arrest, testify that he or she is familiar with the area and that the delivery occurred within 1,000 feet of any of the above locations.

The actual lists of locations are more expansive than listed above. For instance, in regards to "schools", any property owned, leased, or contracted by a school would be included in the offense. The law also includes an explicit provision that the time of day and year is irrelevant. In respect to "senior citizen centers," the locations subject to this law would include nursing homes, assisted living centers, or senior centers oriented toward daytime activities.

The Sentence

Type of Drug

Sentence

Maximum Prison Term

Maximum Fine

More than 10 grams of heroin; more than 1 gram of cocaine; more than 10 grams of morphine, amongst other substances

Class X Felony

6 to 30 years in prison

Up to $500,000

Other Schedule I or II Substances which is a narcotic or LSD

Class 1 Felony

4 to 15 years in prison

Up to $250,000

Any other Schedule I or II OR Look-A-Like Substances

Class 2 Felony

3 to 7 years in prison

Up to $200,000

Any Schedule III Substance

Class 2 Felony

2 to 5 years in prison

Up to $150,000

Any Schedule IV Substance

Class 2 Felony

2 to 5 years in prison

Up to $125,000

Any Schedule V Substance

Class 2 Felony

2 to 5 years in prison

Up to $100,000

Probation Possible? Yes, except on Class X Felony.

Supervision Possible? No.

Time to be served: 75% on Class X Felony.

Delivery of Counterfeit, Look-a-Like, or Controlled Substance to Persons Under 18

Illinois punishes those over the age of 18 who deliver a controlled, counterfeit, or lookalike substance to those under the age of 18 more severely than someone who distributes these items to people over the age of 18. The goal in making the punishment harsher is to deter individuals from selling drugs to younger individuals, which would allow those younger individuals to lead a more fruitful life, according to Illinois lawmakers.

Of note in this law is the fact that the seller does not need to know that the individual is under the age of 18. If a seller sells a controlled substance to someone who looks as if he is 25 years old and represents himself to be 25 years old, while in actuality being 17 years old, the seller can still be convicted for the offense.

The prison term depends on the actual substance being sold or delivered. While some controlled substances, such as cocaine and heroin, are punished very harshly, other substances, such as Schedule IV substances, are punished less severely.

The Sentence

Double of what would normally be the case, for example:

Delivering more than 15, but less than 100, grams of heroin to someone over the age of 18:

  • Class X Felony
  • 6 to 30 years in prison
  • Fine of up to $25,000

Delivering more than 15, but less than 100, grams of heroin to someone under the age of 18:

  • Class X Felony
  • 12 to 60 years in prison
  • Fine of up to $50,000

Probation Possible? Yes, unless Class X Felony

Supervision Possible? No.

Time to be served: 75% of sentence on Class X Felony

Delivery of Counterfeit or Controlled Substance to Pregnant Woman

Illinois attempts to deter a fetus from suffering serious harm from the mother's consumption of illegal substances by enacting a law that specifically addresses the issue. This is for the obvious purpose of protecting the unborn child from harmful effects of substances that it cannot avoid while in the womb. However, the state must show that the deliverer either knew, or should have known, that the woman was pregnant. If the deliverer did not know the woman was pregnant (for example, if the woman is early in her pregnancy and not showing) the state would have a difficult time in proving the element of knowledge and the individual would be found not guilty of this specific type of offense. The sentence for this offense is the same sentence for delivering an illegal substance to an individual under the age of 18.

The Sentence

Double of what would normally be the case, for example:

  • Delivering more than 15, but less than 100, grams of heroin to a woman not pregnant:
    • Class X Felony
    • 6 to 30 years in prison
    • Fine of up to $25,000
  • Delivering more than 15, but less than 100, grams of heroin to a pregnant woman.
    • Class X Felony
    • 12 to 60 years in prison
    • Fine of up to $50,000

Probation Possible? Yes, unless Class X Felony

Supervision Possible? No.

Time to be served: 75% of sentence on Class X Felony

Delivery of Counterfeit, Look-a-Like, or Controlled Substance within 1000 feet of a Truck Stop

Illinois has in place a law that punishes those who sell or deliver a controlled, counterfeit, or look-a-like substance on or within 1,000 feet of a truck stop or rest area above and beyond the punishment an individual faces when delivering the same type of drug anywhere else. The goal in passing this law is to punish and deter individuals who sell or attempt to sell harmful substances to those who drive vehicles on public roadways.

Truck stops and rest areas are frequented by semi-truck drivers who are often on the road with large and dangerous payloads. By keeping these truck drivers, and all drivers, off the influence of illegal substances, the public roadways are more likely to remain safer for all drivers and pedestrians.

The punishment for delivering these substances depends on the substance. Additionally, any individual who has been convicted a second or subsequent time of this offense may be sentenced to a term of imprisonment up to two times the maximum and fined an amount up to two times the amount authorized.

The Sentence

Type of Drug

Sentence

Maximum Prison Term

Maximum Fine

2nd or Subsequent Prison Term

2nd or Subsequent Fine

More than 10 grams of heroin; more than 1 gram of cocaine; more than 10 grams of morphine, amongst other substances

Class 1 Felony

4 to 15 years

Up to $250,000

8 to 30 years

Up to $500,000

Other Schedule I or II Substances which is a narcotic or LSD

Class 2 Felony

3 to 7 years

Up to $200,000

6 to 14 years

Up to $400,000

Any other Schedule I or II OR Look-A-Like Substances

Class 3 Felony

2 to 5 years

Up to $150,000

4 to 10 years

Up to $300,000

Any Schedule III Substance

Class 3 Felony

2 to 5 years

Up to $125,000

4 to 10 years

Up to $250,000

Any Schedule IV Substance

Class 3 Felony

2 to 5 years

Up to $100,000

4 to 10 years

Up to $200,000

Any Schedule V Substance

Class 3 Felony

2 to 5 years

Up to $75,000

4 to 10 years

Up to $150,000

Probation Possible? Yes.

Supervision Possible? No.

Contact Our DuPage County Drug Delivery Defense Lawyer

For legal help with drug crimes related to special circumstances involving the delivery of controlled substances, contact us at 708-966-2408 and set up a free consultation.

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