This is the next article in my series on the handling of first-time drug charges in Peoria and other Illinois areas. My last article provided an overview of topics which this series is going to address. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been arrested. In this article I will be explaining the difference between misdemeanor and felony level charges. If you or a loved one are in need of assistance then contact my office today to speak with a criminal defense lawyer.
It is understandable that individuals do not know what to expect from their first interaction with the criminal justice system. An important first step is understanding the difference between a misdemeanor and a felony. A misdemeanor level offense is one which carries a maximum sentence of one year or less in a local jail. A felony offense, by contrast, carries a punishment of more than one year and is served in a state prison. It is important to understand, also, that any felony conviction will forever bar the defendant from owning a firearm under federal law. Most misdemeanor offenses are probationable as are some felonies.
Whether an individual is charged with a misdemeanor or or a felony. The level of charges will depend on the amount and nature of the drugs involved. Illinois is like other states in that it divides narcotics into various “schedules.” What schedule a drug falls under is based on the level of harm it poses due to addictiveness and whether it has accepted medical uses. Higher schedule drugs, such as methamphetamine and heroin, will result in more serious charges than will the possession of a lower schedule drug. Likewise the greater the amount of narcotics involved, the higher level offense one may be facing.
It is common for individuals to not recognize the gravity of their situation when they have been charged with a crime for the first time. People may think that they will simply explain their situation to the prosecution and/or the Judge and that the matter will quickly be resolved. Truth hits home, however, when individuals find out they are facing felony charges and that they could go to prison. Retaining an attorney, immediately after being arrested, is an important step. Counsel will immediately explain the gravity of your situation to you so you have an understanding of the nature of the charges. Moreover, the sooner you retain counsel then the sooner your representative will begin building a defense on your behalf. This may include filing a Motion to exclude illegally seized evidence and more.
If you have been arrested then contact my office today to speak with a Peoria drug crime lawyer. I am a former prosecutor who is devoted to protecting the rights of the accused. I am familiar with the workings of our local court system and I will make sure you know what to expect from the process. I pride myself on providing a high level of representation and my firm looks forward to being of assistance. Contact us online or by telephone today. We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.