720 ILCS 570/410(a) provides:
"Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation."
Translation?
If you have never been convicted of, pled guilty or put on court supervision for any drug related crime in the United States, you may be sent to probation under Chapter 410. The benefit here is if you fulfill all the terms, the Court will dismiss the charge at the completion of the term of probation. In essence, this is "felony supervision."
The conditions you must follow are laid out specifically in 720 ILCS 570/410(c) which provide:
"The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board."
In all cases involving drug crimes or drug-related charges, it is essential to find an experienced and professional attorney as early in the process as possible to ensure the best possible outcome.
To obtain quality legal representation in Rock Island, Moline, the Quad Cities, Rock Island County, Henry County, or the surrounding Illinois counties and communities, contact attorney Herb Schultz for a free consultation at (309) 788-4539. Criminal defense attorney Herb Schultz also can be reached securely through the contact form seen throughout this site or by email here.
100 19th Street
Ste 103
Rock Island, IL 61201