Legal Question in Criminal Law in Illinois

Unfortunately, she is definitely facing prison time. Whether incarceration can be avoided depends upon a variety of factors. It may be possible that a defense attorney can defend the charges, or have the evidnce suppressed if obtained in violation of your daughter's Constitutional rights. In various circuits, the state's attorney may be willing to entertain a plea bargain that avoids incarceration assuming that the State can prove its case. Is so, and if the Judge will approve the plea bargain, it is possible that your daughter may be given a second chance. In any event, your daughter needs the very best defense attorney that she can afford. I have handled a wide variety of felony cases in various courts throughout Illinois over the last thirty years. Please feel free to contact me for a telephone consutlation and we may be able to help or refer you to someone who can.

Whether your daughter will be sentenced to prison depends on the seriousness of the charge she is found guilty of and the sentencing factors as stated in the Criminal Code. The presumption is that everyone should be sentenced to probation unless it is not authorized by statute or other factors apply.

Keep in mind that many drug cases can be dismissed on a motion to suppress.