Drug Trafficking Laws in Illinois

Illinois punishes manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance by drug type and weight. For heroin, cocaine, fentanyl and morphine, 15 to under 100 grams is a Class X felony with 6 to 30 years; 100 to under 400 grams, 9 to 40 years; 400 to under 900 grams, 12 to 50 years; and 900 grams or more, 15 to 60 years, with possible fines up to $500,000 or the street value for 100 grams or more of heroin, cocaine or morphine. One to under 15 grams of heroin, fentanyl or cocaine is a Class 1 felony (4 to 15 years; fine up to $250,000). Other amounts of Schedule I or II narcotics, LSD, amphetamine or fentanyl are a Class 2 felony, and other Schedule I-V amounts are Class 3 felonies. Controlled substance trafficking (bringing drugs into Illinois to manufacture or deliver them) carries a prison range of twice the minimum to twice the maximum for the amount, and delivering to someone under 18 or near places such as schools, parks, places of worship or truck stops raises the penalties. Methamphetamine and cannabis are covered by separate Acts.

Illinois's rule on court-appointed lawyers: Under Illinois Supreme Court Rule 401(a), an indigent defendant has the right to appointed counsel whenever the charge is punishable by imprisonment. The trial judge appoints the county Office of the Public Defender, which assigns the individual assistant public defender. Whether a person is indigent is left to the trial court's discretion based on as complete a financial picture as possible; a person need not be entirely without funds to be found indigent, and a court may not refuse appointment solely because the defendant posted bail. The Office of the State Appellate Defender handles appeals for indigent defendants. Ill. S. Ct. R. 401(a); People v. Campbell, 224 Ill. 2d 80 (2007); Burnette v. Terrell, 232 Ill. 2d 522 (2009); People v. Ellis, 309 Ill. App. 3d 443 (1999); People ex rel. Baker v. Power, 60 Ill. 2d 151 (1975)

Lawyers set their own fees, and Illinois has rules on how they may charge. See hiring a criminal defense lawyer in Illinois for fee rules, how to check a lawyer's license and free help.

How release before trial works in Illinois: Illinois abolished cash (monetary) bail under the Pretrial Fairness Act (part of the SAFE-T Act); cash bail ended in Illinois courts on September 18, 2023, after the Illinois Supreme Court upheld the law in Rowe v. Raoul, 2023 IL 129248. The default is pretrial release on personal recognizance, with conditions. The State may seek detention only in specified cases by filing a petition; at the first detention hearing the State must prove by clear and convincing evidence that the proof is evident or the presumption great that the defendant committed a detainable offense, that the defendant poses a real and present threat to any person or the community or a high likelihood of willful flight, and that no conditions could mitigate that threat or risk. The court must revisit continued detention at later hearings. 725 ILCS 5/110-6.1 (P.A. 101-652, 102-1104); Rowe v. Raoul, 2023 IL 129248 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Illinois expungement and record sealing rules.