If you’re facing drug charges in Illinois, you may have a lot of questions. One of those might be the penalties you will face if you are found guilty—or choose to plead guilty.

In the state of Illinois, anyone pleading guilty or convicted of a crime in court is subject to the sentence for that particular crime.

For drug trafficking crimes, there’s much to understand about the structure of sentencing and how that can impact the amount of time you spend in prison.

Here’s what you need to know about concurrent and consecutive sentencing.

Mandatory Minimum Sentencing in Illinois

While most people associate mandatory minimum criminal sentencing with federal courts, it exists in Illinois courts, too.

A mandatory minimum sentence is the minimum amount of time in prison required when a judge issues the sentencing for a crime. The criminal history of the defendant plays no role in a mandatory minimum sentence, and neither do any sort of mitigating circumstances surrounding the case.

To put it simply: judges, even if they disagree, are required to impose these mandatory minimums.

For drug trafficking convictions, under the Illinois Controlled Substance Trafficking Act, the law requires a judge to hand down a prison sentence no less than twice the minimum but also no more than twice the maximum.

Also consider that, often, multiple crimes are sentenced at once, each with their own mandatory minimum or maximum sentence.

Once sentenced, you can expect to spend a significant amount of time in prison, which makes it even more important to understand the differences between consecutive and concurrent sentencing.

Consecutive and Concurrent Sentencing

So, what is the difference between consecutive and concurrent sentencing?

For a consecutive sentence, the sentences are served without overlap, which means the convicted person must serve one complete sentence before the next can begin.

So, if you’re convicted of drug trafficking and possession, and sentenced for each consecutively, then you must finish the sentence for the first charge before you start the sentence for the second conviction.

For concurrent sentencing, the defendant is allowed to serve parallel sentences for their convictions.

For anyone convicted of several crimes, the differences between concurrent and consecutive sentencing can be immense.

Judges carefully weigh the severity of the sentence handed down, and they often consider similar factors in how they order sentences to be served.

Some judges are allowed to exercise discretion between consecutive and concurrent sentences, but others are required to order consecutive serving. How much leeway they have in deciding depends on how applicable laws are written.

Do Drug Crimes Put You in Double Jeopardy?

Ensconced in the U.S. Constitution is the protection of citizens from being punished multiple times for the same crime. This leads a lot of people to wonder if convictions for two criminal offenses from the same act, resulting in more than one prison sentence, constitutes double jeopardy.

For Illinois state crimes, a judge will impose only one sentence for separate crimes that originate with a single act. Often, the most severe crime is the one sentenced.

However, if drug crimes are prosecuted in federal court, sentences can be handed down for more than one crime at once.

If you’re facing a felony conviction, understanding your rights is vital. You could potentially face a lengthy prison sentence, so make sure you have the best defense possible.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Generally, mandatory minimums are associated with federal courts. However, Illinois state courts also impose mandatory minimum sentencing for drug trafficking convictions.

Mandatory minimums are controversial, as judges are forced to impose a minimum sentence for a particular set of crimes (in this case drug trafficking), which is typically quite severe.

These minimums are imposed regardless of the defendant’s criminal history, and any mitigating circumstances surrounding the offense.

Many times, judges don’t agree with these sentencing guidelines but are required to impose them anyway. This often results in unjust sentencing and overloading prisons with nonviolent drug offenders.

For this reason, mandatory minimum sentences are currently under reform in federal and state courts, including Illinois. If passed, pending legislation could give judges a small amount of discretion in certain cases.

For now, expect that Illinois drug trafficking crimes will be met with mandatory minimum sentences. In an effort to educate you before you need to know, today’s post covers how drug trafficking laws work in Illinois, and the prison term you could face if convicted.

How Illinois Drug Trafficking Laws Work

In Illinois, the charge of drug trafficking applies when the defendant is involved in the import or export of controlled substances into or out of Illinois. To find the defendant guilty of drug trafficking, the prosecution must be able to prove that the defendant:

• Knowingly
• Bought or arranged transport of
• A controlled substance
• Into or out of Illinois

A controlled substance is either an illegal narcotic such as heroin or cocaine, or a controlled prescription medication possessed by the defendant without a legal prescription.

Illinois Drug Trafficking Mandatory Minimums

If a defendant is convicted of drug trafficking in Illinois, the judge is required by the Illinois Controlled Substance Trafficking Act to sentence the defendant to a prison term within these guidelines:

• No less than twice the minimum
• No more than twice the maximum

Class X Felonies

In Illinois, the below drug trafficking offenses are prosecuted as Class X felonies, the most severe class of felony other than murder. You can expect the following prison terms.

Heroin | Fentanyl | Morphine | Cocaine

• 15-100 grams: 60-30 years
• 100-400 grams: 9-40 years
• 400-900 grams: 12-50 years
• 900+ grams: 15-60 years

Peyote | Barbiturates | Amphetamines

• 200+ grams: 6-30 years

PCP | Ketamine | Other Scheduled I and II drugs

• 30+ grams: 6-30 years

Marijuana

• 5+ kg: 6-30 years

Class 1 Felonies

Trafficking the substances below in the indicated amounts is considered a Class 1 felony, punishable by the specified sentence.

Heroin | Fentanyl | Morphine | Cocaine

• 1-15 grams: 4-15 years

Peyote | Barbiturates | Amphetamines

• 50-200 grams: 4-15 years

PCP | Ketamine | Other Scheduled I and II drugs

• 10-30 grams: 4-15 years

Marijuana

• 2-5 kg: 4-15 years

Class 2 Felonies

Trafficking the controlled substances below in amounts outlined is considered a Class 2 felony, and each carries the prison terms indicated.

Heroin | Fentanyl | Morphine | Cocaine

• < 1 gram: 3-7 years

Peyote | Barbiturates | Amphetamines

• <50 grams: 3-7 years

PCP | Ketamine | Other Scheduled I and II drugs

• <10 grams: 3-7 years

Marijuana

• 500-2,000 grams: 3-7 years

Class 3 Felonies

Those Illinois drug trafficking offenses in this section are considered a Class 3 felony can land you 2-5 years imprisonment.

• Schedule III, IV and V drugs
• Marijuana, 30-500 grams

Illinois, situated in the heart of the Midwest and the country, is undeniably a major hub for drug trafficking. This has created a situation where apprehending drug traffickers here is a major priority for both state and federal law enforcement.

Don’t get caught up in the mix. If you do, fight back proactively with an experienced Illinois criminal drug trafficking defense team to beat the charges against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If a police officer comes to your home to interview you, he or she may ask to enter and conduct a search.

Legally, you have the right to say no unless the officer has a search warrant or has reason to believe that you are harboring a suspect they are immediately pursuing. You can and should exercise this right, even if you feel that you have nothing to hide.

You have this right because law enforcement officers may only search your person or property if there is reasonable suspicion that you have committed a crime, or if they have obtained a search warrant from a judge. These are a part of your Fourth Amendment Rights.

However, the Fourth Amendment does have limitations.

For example, under some circumstances you can be searched while using transit systems funded by US tax dollars. However, the circumstances of the search become very important here. In some situations, it may still be possible to use the Fourth Amendment as a defense strategy for anything found on your person in such a search.

Below, we’re going to discuss the circumstances under which a police officer is allowed to search you on public transit in Illinois – and when you have the right to refuse a search.

When Is a Search on Chicago Public Transportation Lawful?

Officers have the right to search you when they have probable cause to suspect you of a crime. Most commonly, search and seizures are related to drug crimes, so we’ll cover specific examples pertaining drug crimes here.

Probable cause for a drug search on public transportation includes, but is not limited to:

• Drugs or drug paraphernalia in plain sight
• Strong odor of drugs (for example, marijuana)
• Disruptive behavior that suggests you may be intoxicated

What about drug dogs?

You have probably noticed drug-sniffing dogs in Chicago airports and public transit stations. Drug dogs can be routinely brought into these locations, even if officers do not suspect a specific person of a drug crime.

Should the drug dog alert to your person, this would be considered probable cause for a search. In this context, anything illegal found on your person can be used as evidence for a drug crime or other offense.

However, once a train or bus is in motion, it cannot be stopped by officers with drug-sniffing dogs. Delaying any vehicle on unreasonable suspicion violates the Fourth Amendment. If you are caught after the vehicle is in motion, it may be possible to throw out any evidence resulting from what would be an unlawful search and seizure.

How Search and Seizure Laws Can Impact Your Chicago Drug Charge

If the evidence against you for a drug crime or other offense was obtained using an unlawful search and seizure, it is not admissible as evidence in court.

In the case of drug crimes, the substance in question is generally the primary evidence used to prosecute and sentence the offense. If you can prove that the drugs were obtained as the result of an illegal search and seizure, your case will likely be thrown out.

It’s also important to note that private security personnel have more rights than law enforcement to conduct a search and seizure. For example, a mall cop is allowed to search your purse for stolen items as you leave a store, even if there is no probable cause. Further, if security personnel uncover evidence of a criminal offense, they are able to turn this evidence over to police and it will be admissible in a court of law.

The most important bullet points here are:

• You can only be searched by a police officer on public transit if there is probable cause to suspect you of a crime.
• Any evidence obtained in an unlawful search cannot be used against you.

However, determining whether a search was unlawful is often nuanced, and requires the help of a knowledgeable legal professional. This is where a skilled Chicago criminal defense attorney comes into play.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.