Over-Incarceration for Drug Offenders in Illinois

Every year, many people find themselves trapped in a system that seems more focused on punishment than rehabilitation. In the state, over-incarceration for drug offenses is a growing issue that affects not just individuals but entire communities.

This short blog will explore why this happens and what it means for those facing drug charges. After reading, they can understand how crucial it is to have a lawyer who can help develop a solid defense strategy.

Harsh penalties for drug possession

In Illinois, many individuals facing drug charges find themselves up against harsh penalties, even when caught with small amounts. This is often due to the way charges are determined.

Instead of receiving a “possession” charge, many are accused of “possession with intent to deliver.” This charge carries the same weight as delivering or selling drugs, leading to much stiffer penalties.

The criteria used to determine “intent to deliver” are often broad and can apply to almost anyone. For example, cops may interpret having a cell phone or drug paraphernalia as having “intent to distribute.” As a result, someone with a minimal amount of drugs could face serious felony charges. The severity of these drug charges can range from a Class 4 felony to Class 1, mainly depending on the arrest location and the authorities’ decision.

Why do you need a lawyer?

Facing drug charges in Illinois can be daunting, especially if a court decides to escalate a drug possession charge to possession with intent. An experienced defense lawyer can help those facing this issue navigate these complexities. They will defend the rights of the accused, challenge the evidence and negotiate for reduced charges if possible.