Our client was charged with Drug Induced Homicide and Delivery of a Controlled Substance in Will County. Our client and a co-defendant were accused of delivering (selling) heroin to the decedent. It was also alleged that the decedent died as a result of ingesting the aforementioned heroin.
Drug Induced Homicide is a Class X Felony, punishable from 6-30 years in the penitentiary. It is non-probationable and requires the accused to serve a mandatory prison sentence. An individual serving a sentence under this charge must serve at least 75% of their sentence before being eligible for Mandatory Supervised Release (Formerly known as Parole). The offense is non-probationable. Delivery of a Controlled Substance is typically a Class 2 Felony punishable from 3-7 years in the penitentiary. However, the client faced an extended sentencing range from 3-14 years due to a prior conviction in his background. An individual convicted under this charge must serve at least 50% of their sentence before being eligible for Mandatory Supervised Release. The client’s parents were fearful that the client would ultimately end up spending the rest of his life prison.
After entering the case, the attorneys and support staff at Wigell Criminal Defense immediately began to work on the client’s case. The attorneys and support staff conducted a thorough and detailed analysis of the discovery, extensive legal research, and conferred with the client on multiple occasions at Will County Jail. It was determined that there were some weaknesses in the State’s case but that there were also some strengths that were not in our client’s favor. It was also determined that the strengths of the State’s case created a strong possibility of being convicted if the case proceeded to trial.
The State made an initial offer of extensive penitentiary time in exchange for a plea of guilty to the charges. The State indicated that they were unwilling to deviate from their position on the case.
In a strategic decision in negotiating on the client’s behalf, the case proceeded to a 402 Conference. A 402 conference is a meeting between the Judge, State’s Attorneys and Defense Attorneys where mitigating and aggravating factors are presented to the Judge. The Judge then takes all factors into consideration and makes a recommendation for sentencing. During the conference, the Defense informed the Judge of all the mitigating factors including the client’s struggle with drug addiction, the weaknesses in the State’s case and the client’s personal background. The State informed the Judge of all of the aggravating factors which were premised upon the allegations of the charges.
Further conversations with the Judge resulted in a final recommendation of 6 ½ years on the Drug Induced Homicide charge and a concurrent sentence on the Delivery of a Controlled Substance charge. Resulting in less than 4 years in prison after credit for time served.
The client and his parents were grateful for all the hard work and dedication of Wigell Criminal Defense in the client’s case. They were grateful with the result that the client would serve a shorter prison sentence on a serious charge that essentially carried a life sentence. This result gives the client an opportunity to be able to have a meaningful life after being released from the penitentiary.