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Orland Park Drug Conspiracy Defense Lawyer

Joliet Drug Crimes Defense Lawyer Explains Illinois Criminal Drug Conspiracy Laws

In addition to punishing the individual who delivers, manufactures, or possesses a controlled substance with the intent to deliver, Illinois punishes those who agree with any individual who commits one of the offenses mentioned.

However, before another can be charged and convicted of Criminal Drug Conspiracy, the state must allege that the conspirator took some act in furtherance of the agreement and the state must show that the alleged act did actually take place.

If one individual simply "agrees" to help someone sell or transfer a controlled substance, that individual cannot be convicted of Criminal Drug Conspiracy. However, if the state alleges, and proves, that the individual aided the seller of the narcotics by acting as a "look-out" to warn the seller of any law enforcement presence, then the individual can be convicted of Criminal Drug Conspiracy.

Additionally, the Criminal Drug Conspiracy law is used as a basis for two other drug related conspiracy laws, the Calculated Criminal Drug Conspiracy law and the Streetgang Criminal Drug Conspiracy Law, both of which enhance the penalties of a "normal" Criminal Drug Conspiracy violation. However, unlike with ordinary conspiracy, Calculated Drug Conspiracy requires the individual to either receive something over $500 in value or finance or direct the conspiracy. As for Streetgang Criminal Drug Conspiracy, an individual can only be found guilty of that offense if he or she is a high-ranking member within the streetgang.

This is the case regardless of what happened to the actual seller of the controlled substance. The conspirator cannot use as a defense the fact that the seller was not convicted of a crime or that the seller was convicted of a crime other than delivering a controlled substance.

The Sentence for Criminal Drug Conspiracy

The individual can be sentenced to the same prison term and same fine that can be assessed to the offense that formed the basis of the conspiracy.

The Sentence for Calculated Criminal Drug Conspiracy

1st OFFENSE

Class X Felony
  • 6 to 30 years in prison
  • Fine up to $500,000

2nd OR SUBSEQUENT OFFENSE

Class X Felony
  • 12 to 60 years in prison
  • Fine up to $1,000,000

The Sentence for Streetgang Criminal Drug Conspiracy

If, among other controlled substances, the individual manufactured, delivered or possessed with the intent to deliver:

  • 15 grams or more of heroin, cocaine, morphine or LSD then:
    • Class X Felony
    • 15 to 60 years in prison (Doubled on 2nd or subsequent)
    • Fine up to $500, 000 (Doubled on 2nd or subsequent)
  • 1 to 14.9 grams of heroin, cocaine, morphine or LSD then:
    • Class X Felony
    • 10 to 30 years in prison (Doubled on 2nd or subsequent)
    • Fine up to $500,000 (Doubled on 2nd or subsequent)

Probation Possible? – No.

Supervision Possible? – No.

Contact Our Tinley Park Criminal Drug Conspiracy Attorney

To learn how we can help you defend against drug conspiracy charges, contact us at 708-966-2408 and schedule a consultation.

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