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: firstname.lastname@example.org Available - 24/7 Office (708)481-4800 Cell. (708)218-0923Ask a similar question
Did you get that fron the jail computer? It would be easier to answer if you have the official charges.Ask a similar question
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.Ask a similar question
A state felony charge of controlled substances. The best logical thing today is to retain a criminal defense counsel ASAP.
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