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Illinois to Offer Second Chance Probation for First Time Drug Offenders

Posted on in DuPage County criminal defense attorney

First time perpetrators of a drug offense in Illinois may be able to catch a break under a change to several Illinois drug-related laws, including the Illinois Controlled Substances Act, Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections.

According to Illinois HB 3010, anyone who has no prior felony offenses in Illinois or any other state may be able to receive sentence of probation. This change, which took effect on January 1, 2014, applies to any felony offense of a controlled substance punishable as a Class 4 felony for which probation is a possible consequence. This includes possession of methamphetamine. Several other crimes may also be permitted to fall under this change, including:

  • Theft punishable as a Class 3 felony by property value;
  • Theft punishable as a Class 4 felony if committed at a school, place of worship, or of government property;
  • Retail theft punishable as a Class 3 felony; and
  • Criminal damage of government property punishable as a Class 4 felony.

Defendants to whom the court grants permission are assigned the second-chance probation, and will have all proceedings against them dismissed upon fulfillment of the terms of their probation. They must also obtain or attempt to obtain employment. Additionally, should the terms of their probation be violated, the court may enter a judgment on its original guilty finding and proceed with further sentencing as permitted by law. Defendants who have been found to have committed a violent crime will also be ineligible for a sentence of second-chance probation.

If you or someone you know has been accused of a drug related crime in Illinois, or of any of the other crimes listed above, you may be eligible to receive second-chance probation. Contact a qualified Illinois criminal defense attorney today. We can help you determine the best way to proceed with your case, and help to mitigate any punishments you could be facing.

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