By Steve Haney posted in Drug Possession on Sunday, July 17, 2011

Every drug possession charge is a felony offense in Illinois, with the exception of marijuana possession of less than 30 grams.  Of course, no one wants to deal with the repercussions of a felony conviction, if it can be avoided.

For most felony drug possession charges, there are defense options to position the case to avoid any felony conviction from occurring.  This includes charges for the most commonly abused drugs including marijuana (more than 30 grams is a felony) cocaine, heroin, and escatsy.

A typical option is to secure a negotiation for “410 probation”.  This is a type of felony probation that allows a conviction to be avoided.  It is considered a deferred dismissal of the charge.  It will result in the case being dismissed upon successful conclusion of this probation, which will usually last for 24 months.

For a defendant to be eligible for “410 probation”, he or she must be considered a first time offender for drug offenses.  This means it must be the first court disposition for any type of drug case, including any prior misdemeanor cannabis case.  After the probation successfully terminates and the case is dismissed, the charge will be eligible for an expungement after the passing of 2 years.  In other words, you can now “wipe your record clean” so the case is totally erased as if it never happened in the first instance.

If the case is handled properly by an experienced Joliet, Will County criminal defense lawyer, there is no reason for an eligible person charged with a felony drug possession case in Will County to become a convicted felon.

For more information regarding this topic, please watch my video on Defending a Drug Case, or feel free to give me a call to schedule a free consultation.