QUESTION
Can you get parole, probation, or house arrest if you been charged with possession of drugs for the second time?
Asked on Aug 19th, 2012 on Criminal Law - Rhode Island
More details to this question:
It was a raid. The first time it was dismissed and had to a program.
24 ANSWERS
3 Awards
Yes, but this time you will likely get a conviction.
Answered on May 28th, 2013 at 10:05 PM
Criminal Law Attorney serving Fredericksburg, VA
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Spencer Meyer and Koch PLC
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Yes.
Answered on May 24th, 2013 at 2:29 AM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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No.
Answered on May 24th, 2013 at 2:28 AM
Leonard A. Kaanta
Yes.
Answered on May 24th, 2013 at 2:28 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 24th, 2013 at 2:27 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 24th, 2013 at 2:27 AM
William C. Gosnell
Yes.
Answered on May 24th, 2013 at 2:24 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes.
Answered on May 24th, 2013 at 2:24 AM
Probation is available for a second offense possession of a controlled substance conviction but it is not mandatory. If the first offense was dismissed, the current charge would be a first conviction.
Answered on Aug 23rd, 2012 at 1:40 PM
Keven A. McKenna
Maybe. It depends on a lot variables. Most likely you could get less.
Answered on Aug 23rd, 2012 at 1:39 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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You can get all those things. If the possession was personal possession, you are eligible for Prop 36. If it was for sales, it depends on your county. Bottom line is that you are entitled to have an attorney assist you and you should ask for a public defender if you don't have your own lawyer.
Answered on Aug 23rd, 2012 at 1:39 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can you? Sure. WILL you? That's up to your attorney, the DA and the judge to decide as part of a plea bargain. The charges actually filed by the prosecutor will determine how much "time" and other penalties could potentially be imposed. You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors will add penalty enhancements. If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well.
Answered on Aug 23rd, 2012 at 1:38 PM
Any of those OR even jail time.
Answered on Aug 23rd, 2012 at 1:35 PM
James Edward Smith
Yes, especially if it's marijuana. Look for drug counseling and a higher fine and/or community service.
Answered on Aug 20th, 2012 at 6:10 PM
Dennis P. Mikko
A second offense raises the probability of a jail sentence. The facts of your first offense may be available when your sentence recommendation is made.
Answered on Aug 20th, 2012 at 6:10 PM
3 Awards
Depends on the drugs, the amount, the County, the Judge, the DA and most importantly how good your lawyer is.
Answered on Aug 20th, 2012 at 6:08 PM
1 Award
Yes, it's possible. It depends largely on the judge and what the prosecutor recommends.
Answered on Aug 20th, 2012 at 6:08 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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What you seek is not likely but not impossible.
Answered on Aug 20th, 2012 at 6:08 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible that you can get another program you need a lawyer.
Answered on Aug 20th, 2012 at 6:07 PM
Michael J. Breczinski
You may be eligible for all three, however parole comes only after prison.
Answered on Aug 20th, 2012 at 6:07 PM
"Parole" means you have been sentenced to prison and the decision to let you out is completely within the discretion of the parole board. So "parole" assumes you will do some time in prison before you are released on parole. Probation means whatever prison or jail sentence you get would be suspended (perhaps only in part, with some jail time required). So the answer is that you may be eligible for probation, depending on what your history is really like and what kind of recommendation you get and who the judge is and how lucky you are the day of sentencing. The sentence could require house detention, in whole or in part, as a way to serve a jail sentence.
Answered on Aug 20th, 2012 at 6:07 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes, all those things are possible. It will depend on your facts, your history and to some extent, your lawyer.
Answered on Aug 20th, 2012 at 6:07 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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It is legally possible to get probation on a second time drug offense. That probation may come with jail time which may or may not be served under house arrest (i.e., electronic monitoring). Parole only applies to people getting out of prison.
Answered on Aug 20th, 2012 at 6:05 PM
Barbara A. Fontaine
You will certainly get probation and maybe jail time as the program didn't work to keep you out of trouble. It depends on the kinds and amounts of the drug found.
Answered on Aug 20th, 2012 at 6:01 PM