Is There a Diversion Program for Drug Crime Defendants?

 Posted on August 19, 2022 in Drug Crimes

Drug crimes - even simple possession - are very serious in Illinois. If you were caught with drugs other than cannabis, you are most likely looking at a felony charge. Even if you have never been in trouble with the law before, you could be convicted of a felony and sent to prison for drug possession. Most individuals who are caught with small amounts of illicit substances for personal use are not big-time dealers or traffickers - they are average people. Illinois courts recognize that people make mistakes and that not everyone caught with drugs is a serious or routine offender. To help prevent small-time occasional drug users from becoming felons, Illinois does have a type of diversion program. Our lawyers can tell you more about how this program can help you avoid a conviction.

Section 410 Probation for Certain Drug Crimes

First-time drug offenders may be eligible for Section 410 probation. First, you must plead guilty to the drug possession - however, the court will not enter a guilty verdict at this time. Instead, you will be ordered to complete Section 410 probation. If you fulfill all the requirements of Section 410 probation, then the charge will be dismissed entirely and your record will be clean.

To be eligible for Section 410 probation, you will need to complete a substance abuse evaluation. People who are found to have serious substance abuse problems are not eligible for this program. The drug testing requirements are very strict, and addicts are unlikely to successfully complete the program. If you do not have an addiction, you are likely to be accepted to the program.

During Section 410 probation, you will be required to comply with a number of requirements and jump through a number of hoops. First, you will be required to regularly check in with a probation officer. You will also need to submit to random drug testing throughout the two years this program typically lasts. The court may also require you to submit to psychiatric treatment, perform community service, and pay court fees and costs.

You may not possess firearms, knives, or other potentially dangerous weapons. Any new criminal charges could put you in violation of your probation as well, so it is important to steer clear of all trouble while you are under supervision.

At the end of that period, you can return to court and have the case against you dismissed. You will then be free to move on with your life without a felony conviction holding you back.

Call an Illinois Drug Crimes Lawyer

Scott F. Anderson, Attorney at Law will strive to help you avoid a conviction in any way we can. Our experienced Rolling Meadows drug crimes attorneys are skilled at matching defendants with diversion programs that can keep their records clear. Call 847-253-3400 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K410