Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon
  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields




(773) 908-9811





(773) 908-9811



Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

Illinois Drug Charges? Learn about Concurrent vs. Consecutive Sentences

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.

, Illinois Drug Charges? Learn about Concurrent vs. Consecutive Sentences

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.



Our Blog

Signs of Domestic Abuse in Illinois

Domestic Violence

Many people think they understand what domestic violence, and domestic abuse, are. The truth is that no two situations involving domestic violence and domestic abuse are identical, since this type of crime can take many forms.

In the state of Illinois, domestic abuse is a serious matter. Illinois law protects victims and harshly penalizes those who break the law. Yet many people are unclear about what types of actions constitute domestic abuse in the state – and the various ways


What Counts as Drug Paraphernalia in IL?

Drug Crimes | Drug Paraphernalia

While marijuana may be legal in Illinois and some small amounts of other controlled substances have been decriminalized, many drugs are still illegal to possess in Illinois. The paraphernalia associated with these substances is illegal and can lead to criminal charges.

Getting charged with possession of crime paraphernalia in Illinois can be quite serious. You may have to pay fines, be incarcerated, and get a criminal record that will follow you for life. Yet many people don’t understand that having