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  1. #1
    Join Date
    Mar 2014
    Posts
    3

    Default Should You Take a Misdemeanor Conviction or 410 Probation on an Illinois Drug Charge

    My question involves criminal records for the state of: Illinois

    Hi,

    I was playing in a private poker game when it got raided by local and state police. It was a small friendly game, but apparently there was a tip that this was some big time gambling ring and they came in with 15 officers in full riot gear guns drawn.

    Anyway, I had a single Vicodin pill on me and was charged with misdemeanor gambling and a class 4 felony count of possession of a controlled substance (for 1 singel pill!).

    The deal on the table now is the prosecutor will drop the misdemeanor gambling charge entirely and offer 410 probation on the class 4 felony count. It's my understanding that after successfully completing the 410 probation the charge will be dismissed. But I'm not entirely sure what that means...

    Is dismissed the equivalent of case dropped and no record to be expunged? Or will it still show that I had to complete probabation?

    My concern is that probation can be a huge trap. If ANYTHING goes wrong in the 2 years (I fail a drug test, someone throws a drink in my face and get arrested for disorderly, etc.), that is a violation of probation and I can be looking at jail time. Is this correct?

    Whereas, if I take I can still get the misdemeanor gambling charge dropped entirely and get the class 4 felony reduced to a misdemeanor "attempt to possess" and take the conviction I will have a misdemeanor on my record, but at least it will be over and I can put this whole nightmare behind me.

    The 410 looks like a better deal at first glance. I'm just worried it can be a huge trap and would rather just get this over with and not have to see probation offers and do drop for the next two years. I don't plan on getting into trouble. I don't have that kind of lifestyle. But I'm undecided which deal to take. My question is, how will both affect my record going forward? And is there any chance I'll eventually be able to get a misdemeanor drug offense expunged after a year's time?

    Would really appreciate any help.

    Thanks,

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: 410 Probation for a Class 4 Felony Count or Take a Misdemeanor Conviction

    What does your lawyer say? When facing felony charges you need to have a lawyer. Yeah, the chance to avoid a felony record is a big "trap" for those who are so sociopathically ill-disposed that they can't keep from committing more crimes for a couple of years. However, you're likely dreaming if you think the prosecutor has any inclination to reduce a slam-dunk felony poseession charge to something else.

    Frankly, even misdemeanor drug convictions are going to have profound effects on you in the future.

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