QUESTION
Can I get probation on a drug possession charge?
Asked on Apr 27th, 2011 on Criminal Law - Montana
More details to this question:
I was pulled over by the cops and they found under a gram of cocaine in my car. Can I get probation when I show up in court?
24 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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The short answer is yes. The long answer is because the crime occurred in a motor vehicle, you need counsel well versed in traffic law. We can help you and can be reached toll free if you contact us.
Answered on May 09th, 2011 at 3:50 PM
Geoffrey MacLaren Yaryan
Yes, but you also may be eligible for drug diversion which would result in a dismissal if you attend classes and comply with the other conditions of the program.
Answered on May 09th, 2011 at 11:53 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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Every case is unique and this will depend upon the specific details of your case. If you are interested in receiving a free case evaluation to determine your options, we invite you to contact our firm at the information on this page.
Answered on May 03rd, 2011 at 9:34 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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There are several options in a drug case like you describe. many of them can result in your not going to jail. It will depend on your prior record and other facts of the incident. There may even be a way to keep the matter off your record and to avoid driver license sanctions, (which are imposed after conviction in all Michigan drug cases, regardless of whether a car was involved). You should consult with your attorney who represents you in the case. If you need representation, you may contact me to discuss your hiring this office to represent you. I look forward to your call.
Answered on May 02nd, 2011 at 10:34 AM
That depends on facts not hear. Try for a PC 1000 or prop. 36 deal and if you finish the pro probation you will be ok.
Answered on May 02nd, 2011 at 8:41 AM
Samuel H. Harrison
That depends on where you were arrested and if you have any prior convictions. Most courts in the larger cities and suburbs will agree to a straight probation sentence if it is a first offense and there is a small amount of drugs. Some courts in the smaller cities and more rural areas will give jail time in all cases. If it is not your first offense, you are likely to go to jail for some period of time.
Answered on Apr 29th, 2011 at 2:19 PM
Theodore W. Robinson
Not likely with a gun and drugs at the same time in your car. However, if you speak to a good trial lawyer who is experienced in this type of matter, there are programs available to those in your situation which can get you a Probationary sentence, but it's not that easy so hire the best you can find. Good luck.
Answered on Apr 29th, 2011 at 1:33 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes you can but you will have a felony conviction. Instead try to get the PD or lawyer to get them to give you a Drug Diversion Program in which the case goes off your record after you do your classes, etc. A much better way to go.
Answered on Apr 29th, 2011 at 1:32 PM
You can also get a drug program, or drug diversion. In some counties you can even get a misdemeanor with only informal probation. Talk to your lawyer to find out whats available in your court.
Answered on Apr 29th, 2011 at 1:30 PM
Criminal Law Attorney serving Reno, NV
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Law Office of Cotter C. Conway
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In Nevada, not only can one get probation for possession of cocaine, it is possible to get a diversion program. If that program is successfully completed, then the charge will be dismissed. There may be other alternatives short of a felony conviction. Contact me for a free consultation.
Answered on Apr 29th, 2011 at 1:06 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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A good lawyer can probably avoid a conviction on a possession charge. You would be on a sort of probation and would be required to go to drug counseling.
Answered on Apr 29th, 2011 at 12:06 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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If it is a possession charge, particularly if it is your first, you may be eligible for PC 1000 diversion or Prop 36, which is basically allows someone to do a drug program as opposed to jail time. Being put on probation is also something that can happen. You should speak to an attorney in more detail about your case. Feel free to call me if you would like.
Answered on Apr 29th, 2011 at 11:38 AM
It is strongly advised that you get a lawyer before going to court. You may have many options to keep you out of jail for drug violations. Much of it will depend on your criminal history and the exact charge that is filed against you. If you would like to schedule a free consultation, please contact our office.
Answered on Apr 29th, 2011 at 10:46 AM
Yes. In Louisiana, probation is available for first (and possibly second) offense drug possession charges under Louisiana Code of Criminal Procedure Article 893. You should contact a qualified lawyer in your area to see if you qualify for a plea under this article.
Answered on Apr 29th, 2011 at 10:38 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Yes, it depends on the facts of the case and your record. In some situations you may even be eligible for a diversion or drug court program.
Answered on Apr 29th, 2011 at 10:31 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Anything is possible. If you simply plead guilty at your arraignment without an agreed plea bargain, the judge can sentence you to whatever the Penal Code Section[s] specify in the Mandatory Sentencing scheme in California. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining between your attorney, the DA and judge, using whatever legal defenses, facts and sympathies there may be, could possibly get you straight probation and keep you out of jail, or at least dramatically reduce it, depending upon all the facts. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a diversion program, reduction, probation, or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on Apr 29th, 2011 at 10:02 AM
Whether or not probation is available for a person is dependent not only on what is being charged but who you have representing you. Hiring an experienced criminal defense attorney will enable you to have the best opportunity to get the best outcome, whether that is a dismissal, a not guilty finding, or a better plea bargain, possibly including probation instead of jail time.
Answered on Apr 29th, 2011 at 9:39 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It is a felony charge, but it really depends on your record, the judge, what county you are in and most importantly, your attorney. Feel free to contact me to discuss by clicking the link to the left.
Answered on Apr 29th, 2011 at 9:38 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Contact an experienced criminal attorney before you plea to anything. Only an experienced criminal attorney can review police and lab reports for errors that may get your charges reduced or dismissed. Yes, probation is very possible but not a given. There may be other options available as well. Retain a criminal attorney or get a court-appointed lawyer as soon as possible.
Answered on Apr 28th, 2011 at 4:55 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Of course you can get probation on a drug possession case. You may even be eligible for drug diversion, if successful, would keep your record clean. Ultimately, whatever may be possible for your case depends greatly on 1) the facts of your case and 2) your prior criminal history, if any. My best advise is to hire a criminal defense lawyer to help you as this will most certainly increase your chances to obtain the best possible result. I hope this answer was helpful. Good luck.
Answered on Apr 28th, 2011 at 4:54 PM
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Yes. The judge has great discretion. You can even serve jail time. Contact my firm for representation.
Answered on Apr 28th, 2011 at 4:36 PM
Criminal Defense Attorney serving Mesa, AZ
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JacksonWhite P.C.
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Possession of drugs in Arizona is a serious felony offense - even if the amount is relatively small. On a first time drug offense, you would hope to receive some mercy from the court and a probation plea. However, every case is unique and must be handled and resolved based upon its unique facts. Drug possession in Arizona will likely be processed in Superior Court as a felony.
Answered on Apr 28th, 2011 at 1:37 PM
Criminal Defense Attorney serving New York, NY
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Raiser & Kenniff, PC
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Depending on your prior record. If no record you should get probation.
Answered on Apr 28th, 2011 at 11:13 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Yes, but you will need to negotiate a plea deal with the prosecutor first.
Answered on Apr 28th, 2011 at 10:21 AM