How much jail time can be expected for counts of possession with intent to distribute?

Question

My cousin, a first time offender, was arrested with a few of her friends and I was curious how much jail time she might be looking at. She was arrested (along with her friends) and each of them were charged with one count of possession of marijuana with intent to distribute, LSD with intent to distribute, ecstasy with intent to distribute, and hash with intent to distribute. I have no idea how much jail time that would be, but it appears that each is a separate felony, correct?

Mark Bruce · Answer

Yes, each is a separate felony but how much or even whether there will be jail time depends on so many factors that a website cannot give you an answer.  You need to consult a real live lawyer who is familiar with your jurisdiction to get a clear idea of what she's facing.

Austin Hirschhorn · Answer

It is really impossible to answer your questions because the disposition of a criminal case is often dependent more upon the criminal history of the defendants than the crimes they have been charged with. Charges of possession with intent to distribute are usually felonies and depending on the quantity of drugs or nature of the drugs generally have different possible penalties.  If your cousin is charged with each of the crimes you describe in your question, she would be facing four felony charges as would her friends.  She should hire a good criminal attorney who might be able to give you the information you are asking about if your cousin authorizes the attorney to give you information about her case.  You could also examine the court files which are public records and look at the charging documents which usually indicate the maximum penalty and fine which could be assessed by the court.

Mark R. Thiessen · Answer

Depends on the amount for weed if it is a felony. Intent to distribute a first degree felony punishable up to 99 years.

Clayton Lockhart · Answer

In Mississippi, your cousin would be facing at least thirty (30) years for a conviction of possession with intent to distribute. Exactly how much time she would be facing would depend on how she was charged and indicted. If they charged her with four different felonies and indicted her on four counts, then each count would be a separate charge and she would be facing 30 years on each count for a total of 120 years.

Dennis P. Mikko · Answer

If all the charges arose out of the same occurance, upon conviction the sentences would be served at the same time.  In Michigan, to accurately determine the possible range of sentence the Sentencing Guidelines would have to be applied.  Since there are many variables, an accurate determination would be difficult.  Also, the possible sentence would depend on what the ultimate conviction is.

Larry Dunn · Answer

A person is arrested for suspicion of committing certain crimes. The police   submit the case to the District Attorney who reviews the evidence and  determines  what actual charges will be filed. The charges listed at the time of  the arrest  may not ultimately be the charges filed by the District  Attorney. The punishment  imposed upon conviction would vary greatly depending upon  what charges result in  conviction either at the conclusion of a trial or a  negotiated plea bargain  which could reduce the number of charges and a  recommendation of leniency by the  District Attorney. The amount of punishment  is also affected by whether the  facts of the crime are aggravated and the  defendant's criminal history. An  attorney can review the case and evidence  and have a better opinion as to what  potential penalty may be imposed  although an attorney can never guarantee what  punishment a judge will impose.

Stephen Richards · Answer

Each is a separate felony.

Terry Nelson · Answer

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc.  With multiple felony  counts  there is certainly the potential for prison time.    The charges actually filed will determine how much  time and fines 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.  The prosecutors can amend at any time they believe they can prove additional or different charges.  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 and strikes will add  penalty  enhancements under the 3-Strikes rules.  If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well.    When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  A little free advice:  exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.   Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Steven Fairlie · Answer

You can argue that it should all be included under one count of Possession With Intent to Deliver a Controlled Substance, but lots of Courts approve the multiple count approach.

Joseph Dane · Answer

Yes, each is a separate charge and they are all felonies.    There's no way to guess what a person might get without knowing all the facts of the case.  From there, the person's history (or lack thereof), their background, involvement in the case, and what their attorney can work out for them all factor in.  They're all in serious trouble though - these are felonies that cannot ever be reduced to misdemeanors, so unless they all don't care about having felony convictions, they each need a very good criminal defense attorney.  There may be legal defenses (search issues, Miranda issues, etc) or factual defenses (inability of the prosecution to prove intent to distribute, etc).

Steven Alpers · Answer

Each are separate felony charges.  It is not possible to give you any reliable information on a possible sentence. Some will depend on her involvement, did she have the drugs in her purse, were the drugs on the floor of the car, what did she or others in the car admit to sales, possession for sale? Other factors may concern the co-defendants like their records and whether the officer saw them give the drugs to her or she to them. Some counties are harsher than others.

Michael J. Breczinski · Answer

Yes each is separate felony and what kind of sentence depends on the factors in the crime and the person's prior record.

John Patrick Yetter · Answer

There are many different classes of possession with intent to deliver depending on the drug type and the weight. Each of these has a different sentencing range, with expectations anywhere between specialized probation that results in no conviction entering at all and minimums in the neighborhood of 15 years. Each of the counts you describe can be a separate count, but will likely be sentenced together. Your cousin should hire a qualified criminal defense lawyer to help her sort this out.

Jared Winter · Answer

There's a difference between the amount of jail time possible, and the amount of jail time the person is likely to actually get. For those charges, the amount of jail time possible is several years. However, for a first time offender, I think it would be unusual for the person do to any significant amount of jail time. What your friend needs to do is to hire a criminal defense attorney in your area.

John Toivonen · Answer

In Michigan we score the Sentencing Guidelines to determine how much time a convicted person will spend in prison or jail. When the judge sentences he looks at the past criminal record of the Defendant, and various factors relating to the crime such as number of victims, and exploitation of a vulnerable person. As to the number of charges, each different drug could result in a separate charge. To get an accurate picture I would need to know the criminal history of the Defendant, and all the details of the crimes. We should remember that in the United States a citizen is innocent until proven guilty. The prosecution has the burden of proof in criminal cases, and that burden is to prove guilt beyond any reasonable doubt.

Kevin Ellmann · Answer

The amount of possible jail or prison she is likely to get if any depends upon several factors like amounts; relative level of culpability vs. that of co-defendant; jurisdiction; DA; judge, etc.  Bottom line, when facing felony charges, it is critical to get the assistance of an experienced defense attorney to minimize not only the immediate, but also the long-term consequences of a felony charge.

Bernal Ojeda · Answer

Separate charge for each separate type of drug. Health and Safety Code 11378 gives the range of punishment for possession for sale of a controlled substance. Range for sale is 16 months, 2 or 3 years, now county jail time. Before it was State Prison time. Felony sentencing is complex and really not precise as a deal could be struck where she enters a plea to one count for a reduced sentence. So here she should have counsel go through what her max exposure is.

John Brennan · Answer

Each is a separate charge, but the time will generally be served concurrently, and therefore the longest sentence with be the one that counts.

Gary Moore · Answer

There is probably a charge for each drug, but for sentencing purposes possession several, different drugs with the intent to distribute is one offense. I have not seen a copy of the criminal complaint, but I would expect that all the charges are third degree offense, punishablae by up to five years in prison. As a first offender she or he is probably eligible for first offender treatment or what is commonly known as a conditional discharge.

Robert De Groot · Answer

Each is a separate felony, each possession and each intent to distribute. Only an attorney who knows all the facts and the complete record will be able to say how much jail time the defendant might be looking at. It is very serious, each crime is very serious, and she needs an aggressive criminal defense attorney to review the facts. It is far too soon to be looking at the potential punishment, the facts must be investigated thoroughly. There may be a reasons to suppress evidence including confessions. A first degree felony can be a sentence of up to 30 years, a second degree felony 15 years, and a third 5 years. The best thing you can do is help her get competent counsel, not wonder what she might be facing.

Mark Smith · Answer

Yes each offense is a separate felony. Depending the drug quantity and the   facts in the case there may be no jail time. Also there may be pretrial  motions  which might resolve the case.

Gregory Casale · Answer

If they are first time offenders it is certainly possible to keep them out of jail, assuming the quantities are not substantial and they were not caught selling hand to hand in a school zone. A good defense attorney should be able to get them probation, again assuming the quantities do not rise to the levels of trafficking.

Herschel Bullen · Answer

Each substance can be charged as a separate count.  Depending upon the facts involved, the simple general answer is that a sentence could range from probation with no jail to 15 years in prison for a second degree felony.  It is conceivable that the sentence could require that each conviction run consecutively, meaning that each would have to be served separately.  But a sentence could specify that each count be run concurrently, i.e., all at one time.  However, it cannot be emphasized enough that the details of the case, the circumstances involved, the individuals background, the amounts of the drugs, and many other factors, are particularly important to such an analysis.  Without those details, a more specific answer cannot be given.

Stuart Nachbar · Answer

Yes, each is a separate count.  Whether felony or misdemeanor will be   determined on how much there was of each drug.  An example is marijuana can   be anywhere from first degree w/ 300,000 fine down to fourth degree which is   25,000 fine.  There are also other penalties, including loss of license, and   jail time, but w/o further info, I can not be more specific.   She definitely needs a criminal lawyer to assist her.

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How much jail time can be expected for counts of possession with intent to distribute?

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