I was arrested for simple possession of cocaine over the weekend. How can I avoid a conviction? What is the actual sentence that can result because the cops said I could be facing jail? Thank you.
It depends on the amount of cocaine and whether you are charged with a misdemeanor or felony. Misdemeanors carry a potential jail sentence of up to 1 year and felonies 3 years and longer, if there are enhancements to the sentence.
In Arizona, first time drug offenders receive mandatory probation, assuming the drug is not meth, the offender does not reject treatment, and the offender does not have a violent prior conviction. There is no jail that can be imposed on the initial sentence, although pre-sentence incarceration and incarceration on a subsequent probation violation are both real possibilities. In that case, the max penalty is two years prison, the minimum is four months, and probation is available. If you have no history you may be offered diversion, which would result in a dismissal.
One hires a lawyer to see if there is anything about the stop / search that can be challenged. If not, then perhaps a pretrial diversion can be negotiated. A first offense PCS under 1 gram is a state jail felony which carries from 6 months to 2 years in state jail plus a fine. It comes with an automatic deferred adjudication probation if first offense.
A lawyer can really help. We know how to get the best deal and what is a good deal. We know about proper search, arrest and statements procedures. Jail is unlikely unless the quantity is high or there is clear distribution. But, a felony is possible.
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