Skip to main content

What does 720 ILCS 570 402(c) [5101110] POSS AMT CON SUB EXCEPT(A)/(D) mean ?

Chicago, IL |

My boyfriend is being charged with this on two cases that he picked up in the same month . One he bonded off and the other he still in jail now. They denied him bail. What are the chances that he will get probation? This is his first time every getting in trouble with the law so would they go easy and suggest probation ?

Also he wants to know if he pleads guilty will they let him go with probation ?

Attorney Answers 4


  1. 720 ILCS 570 402(c) indicates a a sentence of 8-40 years. Many other factors must be considered to answer your question with an answer it deserves. Consult and retain an experienced criminal defense attorney ASAP. The next question is the one you are really asking, "Is this charge probation eligible or does it carry a mandatory minimum sentence of 8 years?"
    And even more important, "If it is a mandatory minimum of 8 years non probation able charge can the person's lawyer negotiate for probation?"

    As stated above, Many other factors must be considered to answer your question with an answer it deserves.
    This is yet another example that what appears to be a relatively simple question is not simple to answer unless ALL the facts and an actual (not a paraphrasing) review of the court record is conducted by an experienced federal criminal defense attorney.

    The first part of a complete analysts is reviewing the government's investigation. This must be followed by the defense investigation of the events that tests the government's conclusions and pursues any new leads.
    The defense must ascertain if the government can meet it's burden of proving it's case beyond a reasonable doubt.
    The defense must consider the viability of motions to quash the arrest and suppress the evidence.

    A determination of alternative sentencing and the viability of plea negotiations must be methodically considered.

    This is a cursory review of what good lawyers do every time they accept a new criminal case.
    Consult and retain an experienced criminal defense attorney ASAP.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: rwigell@waaltd.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923


  2. Did you get that fron the jail computer? It would be easier to answer if you have the official charges.


  3. You and your boyfriend need to refrain from any further discussion of his serious case in this public online forum. You boyfriend needs to hire private counsel or if he cannot afford a lawyer, a public defender will be appointed for him. He can then ask all those questions of his lawyer. In the meantime, you both need stop talking - online or in person with anyone other than your boyfriend's lawyer.


  4. A state felony charge of controlled substances. The best logical thing today is to retain a criminal defense counsel ASAP.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics