Convicted felon caught with drugs and guns. What kind of sentence?

Asked almost 5 years ago - Chicago, IL

My hubby is a convicted felon (drug conviction, sentenced to probation 6 years ago). He is currently fighting 2 DUI cases and was recently caught with about a pound of marijuana, a half ounce of cocaine, and 2 guns. (A search warrant had been issued). His charges were Unlawful possession of a firearm, 2 possesions with intent to deliver, and 2 regular possession charges. In the state of IL are these class X felonies? And would he have any chance at beating these? Do you think any type of plea bargain will be issued? And if not, how severe of a sentence is he facing? Thank you very much in advance for your answers/

Attorney answers (1)

  1. Scott Andrew Wineberg

    Contributor Level 14

    Answered . Much more information is needed to know if your husband has a defensible case and to know what he could be looking at on his current charges. As you may know, a Class X felony means automatic prison between 6 and 30 years with no chance for probation. While he could earn day-for-day on his charges, a Class X felon is not entitled to receive a lot of the meritorious good conduct credit that many other inmates get.

    He will probably, at some point, be offered a plea bargain. Generally speaking, there are three types of offers the State makes to defendants: (1) Fully-negotiated, which means, for example, plead guilty to certain charges and dismissing other charges, for a DOC sentence of a set number of years; (2) Partially negotiated, which means the State makes certain concessions, like dropping and reducing charges [maybe to a charge where he could get probation] and agreeing to a sentencing "cap" but leaving the terms of the the sentence up to the judge; (3) Open pleas, where the only concession from the State is to agree to dismiss certain charges but leaving the sentence once again to the judge, who would not be limited to any cap (other than the maximum penalty allowed by law).

    While I'd guess your husband is looking at a prison sentence, depending on other factors he may be eligible for boot camp. If he completes the 4-6 month program his sentence would be considered served.

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