Can I Qualify for a Diversion Program if I Am Charged with Felony Drug Possession?

 Posted on October 18, 2022 in Drug Crimes

Drug addiction touches the lives of millions of people throughout the United States. While the criminal justice system has traditionally treated drug addiction as a crime, there is an increasing recognition that addiction is a disease that should be treated. This is especially true in states like Illinois, where lawmakers have passed legislation aimed at providing treatment instead of jail time for certain non-violent drug offenders.

If you are facing felony drug charges in Illinois, it is important to speak with an experienced criminal defense attorney who can help you understand your options and  fight for the best possible outcome in your case. In some cases, it may be possible to participate in a drug treatment program instead of going to jail.

Felony Criminal Charges for Drug Possession 

Possession of cocaine, morphine, heroin, fentanyl, methamphetamine, PCP, LSD, or another illegal drug is usually a felony crime in Illinois. The penalties for felony drug possession depend on the type and amount of drug involved, as well as the offender’s prior criminal history. For example, a first-time offender convicted of possession of 15-99 grams of cocaine could be sentenced to between four and 15 years in prison. However, someone convicted of possessing 100-400 grams of fentanyl faces nine to 40 years behind bars. 

Felony convictions result in life-changing consequences including substantial prison time and lifelong stigma. Fortunately, some individuals charged with felony drug crimes may be able to avoid these consequences. 

First Offender Call Unified for Success (FOCUS) 

The First Offender Call Unified for Success program serves individuals charged with first-time felony drug possession. The objective of the program is to provide offenders with the substance abuse treatment, counselling, and support they need to turn their lives around. The state recognizes that many people charged with drug crimes want to stop using substances but need help doing so. 

Participants must complete an assessment to determine whether they are eligible for the program. If accepted, participants must agree to undergo drug treatment and submit to regular drug testing. If they successfully complete the program, their felony charge will be reduced to a misdemeanor.

Contact an Elgin Drug Crime Defense Lawyer

Aurora criminal defense lawyer Brian J. Mirandola  has represented clients facing all types of drug charges, from possession to manufacture and delivery of controlled substances. He knows what it takes to build a strong defense and fight for the best possible outcome in your case. If you have been charged with a felony drug crime, do not hesitate to contact our office for a free consultation. Call 847-488-0889 today. 

Sources:

https://www.dupagecounty.gov/Content.aspx?id=60640

https://icjia.illinois.gov/researchhub/articles/alternative-sentencing-for-drug-offenses-an-evaluation-of-the-focus-first-offender-call-unified-for-success-program