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Are You Eligible for Probation after Committing a Drug Crime?

Learn about Drug Probation and TASC Probation, their requirements, and how they can help you avoid jail time and a permanent criminal record.

If you have been charged with a drug crime in Illinois, you may be eligible for probation instead of serving jail or prison time. Two types of probation are available: Drug Probation and Treatment Alternatives for Safe Communities (TASC) Probation.

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Drug Probation

Drug probation allows individuals to avoid a permanent criminal record and includes the following conditions:

  • Mandatory costs and fines up to $12,000
  • 30 hours of community service
  • At least three drug tests
  • No possession of firearms during probation
  • Duration: Two years

The court may modify probation terms based on the circumstances of the case. The case is automatically dismissed upon completion, leaving no permanent criminal record.

  • Eligibility for Drug Probation:
    • Possession of Cannabis: Eligible unless the offense involved trafficking or manufacturing.
    • Possession of Methamphetamines: Eligible if possessing less than 15 grams.
    • Possession of Other Substances: Eligible for other street drugs or medications without a prescription.

TASC Probation

TASC Probation is a not-for-profit organization that targets individuals with a diagnosed drug problem. It refers individuals to treatment programs but does not provide direct treatment. The program lasts two years, and upon completion, the court vacates the conviction.

  • Ineligibility for TASC Probation:
    • Charged with a violent crime
    • Two or more convictions of violent crime
    • Participation in the program for two previous crimes within two years
    • Charged with a methamphetamine-related offense
    • Charged with residential burglary with at least one prior felony conviction
    • Charge involves a weapon

Failure to comply with TASC probation terms or mandatory drug tests could result in jail time. However, judges often allow some room for error, understanding the difficulties of recovery unless terms are blatantly disobeyed.

Contact Us Today

At Schierer & Ritchie, LLC, our experienced attorneys can help you navigate the probation eligibility process and protect your rights. Contact us for a free consultation to explore your options and secure the best possible outcome for your case.

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