Orland Park Weapons Charges Lawyer for First Time Offenders

DuPage County Criminal Defense Attorney Helping Clients Qualify for the First Time Weapon Offender Program

In 2013, the Illinois Supreme Court held in the case of People v. Aguilar that the laws regarding certain firearms possession offenses were unconstitutional under the Second Amendment of the U.S. Constitution. Since then, the General Assembly has taken steps to counter this decision and enact firearm-related laws that provide for sterner punishments. However, in a deviation from this recent trend, the General Assembly has also enacted a law that provides a more lenient punishment for those who violate firearm laws. In 2018, the First Time Weapon Offender Program was created. People charged with weapons offenses who participate in this program may be able to avoid criminal convictions and maintain clear criminal records.

What Is the First Time Weapon Offender Program?

The First Time Weapon Offender Program allows certain people to be granted a special type of probation if they are charged with Unlawful use of a weapon or aggravated unlawful use of a weapon. With the consent of the State's Attorney's Office, a person can be placed into the program, which is similar to certain types of probation that are available for people charged with drug crimes. The main benefit of this program is that, if probation is successfully completed, a conviction will not be entered against the person, and they will be eligible to expunge the arrest and case history from their criminal record in the future. These benefits are not available under normal probation.

The General Assembly recognized that some people charged with weapons violations grow up in areas of high crime and poverty, and as a result of their upbringing, they may make poor decisions involving the unlawful possession or use of firearms. The General Assembly's recognition of this is evident in the eligibility requirements for the program. To qualify a person must:

• Not have possessed a weapon during the commission of a violent offense
• Not have been previously convicted of any violent offense in the past, whether as an adult or a juvenile
• Not have been placed in the program in the past
• Not have an existing order of protection against them
• Be charged with a firearm offense classified as a Class 4 felony or lower

If placed in the program, which would last between six and 24 months, a person must adhere to the following conditions:

• Refrain from violating any criminal law
• Refrain from possessing a firearm or dangerous weapon
• Obtain or attempt to obtain employment
• Obtain a high school diploma or GED or complete a vocational training program
• Refrain from consuming any illegal drug
• Perform a certain number of hours of community service
• Attend any counseling sessions or educational classes as required by the Program Administrator
• Pay all required fines and fees

The above requirements are the statutory minimum. A person may also be required to wear a GPS tracking device, undergo medical/psychiatric treatment, or reside in a half-way house.

It is important to note that participation in the program is not guaranteed. First, as previously discussed, the State's Attorney's Office must consent to a person's enrollment in the program. Next, a court may reject placing a person in the program. The court can consider the totality of the circumstances surrounding the person and their arrest. If, for instance, the weapons possession occurred while a person was delivering a controlled substance, a court may determine that the risk to the public outweighs the benefits of placing the person in the program.

It is wise for someone charged with a weapons violation to retain an experienced attorney. Given the tough stance prosecutors have had regarding firearms possession, it is likely that prosecutors will be hesitant to consent to the placement of a defendant into the program. At Issa Law, LLC, we can help negotiate agreements with prosecutors to ensure that a person will be able to take the necessary steps to resolve weapons charges successfully. We can advocate for solutions that will allow a person to meet all of their legal requirements and avoid difficulties that could affect their life in the future.

Contact Our Joliet First Offender Weapons Charges Attorney

An experienced attorney can provide the legal help a defendant needs to overcome the hurdles described above and be placed into the First Time Weapon Offender Program. Contact our law office at 708-966-2408 for a consultation.