Does a first time drug offender always go to jail

Hello Jennifer, The short answer is sometimes. It depends upon the jurisdiction that the charges are brought in, the drugs involved, how much of the schedule II he had in his possession at the time of the arrest, and who the prosecutor is and whether they are looking to just plea it out or try to make an example of him. The marijuana possession is a misdemeanor and very rarely results in prison time unless there is some prior criminal history. Regarding the Schedule II intent to distribute, that is a felony charge and will depend upon the type of drug and in what quantity. Cocaine and methamphetamine are dealt with much more harshly than drugs like marijuana and Xanax. Where I practice first-time felony marijuana offenders, and even those caught with small amounts of harder drugs, often get off with a plea to a reduced charge and supervised probation. Sometimes, where the prosecutor isn’t in the mood to budge, I can negotiate a compromise that the client goes to drug court where the court will monitor their progress. It all really hinges on the amount that he was found to have. If the amount of schedule II in his possession was just over the statutory threshold to warrant the intent to distribute charge, then there is a greater chance that a plea deal or reduction can be negotiated. But if the amount in his possession was far in excess and the state thinks he’s dealing, it will usually demand some prison time. Even in such cases, a deal may be reached possibly including drug court, supervised probation, and maybe serving any sentence under home incarceration, which can allow him to continue to work and earn a living just under the supervision of the Court. If your loved one has been arrested and/or formally charged with possession with intent to distribute, it is very important that he obtain legal representation to protect his rights. He should not answer any more questions from law enforcement without an attorney present. If you or your loved one would like to set up a free consult with me regarding this issue, please call my office at (337)237-0492 so that we can discuss what can be done.