QUESTION
How much time can you get for being caught with drugs for the first time?
Asked on Jan 09th, 2013 on Criminal Law - Florida
8 ANSWERS
Criminal Law Attorney serving Houston, TX
Partner at
The Law Office of Matthew D. Sharp
It depends on what kind of drugs.
Answered on Jul 17th, 2013 at 12:46 AM
Michael J. Breczinski
That depends on the type and amount of drugs, the circumstances and your prior record.? I would need to know more in order to answer this question.
Answered on Jan 14th, 2013 at 7:04 PM
This depends on many factors. But a simple marijuana possession is a misdemeanor with a maximum penalty of one year in jail. Sometimes that charge can be plead down to marijuana use which carries a maximum penalty of 90 days in jail. People rarely receive the maximum penalty. With a clean record a first time charge of possession may result in some jail time, and in some cases no more than probation. Some clients can have their record diverted so that there will be no public record.
Answered on Jan 10th, 2013 at 11:50 AM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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Unfortunately, I can not provide an accurate response based on the limited information you've provided. The minimum and maximum penalties for drug possession depend upon a variety of factors, including the type of drugs possessed, the amount of drugs possessed, whether any other charges were included (such as possession of drug paraphernalia), etc.
Answered on Jan 10th, 2013 at 11:25 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Up to 30 years. You have given no charges and no facts. It depends upon the amount as well as the controlled substance. The only fact you give is that this would be a first time. If you have 500 pounds of crack cocaine, you will probably go to jail for a very, very long time.
Answered on Jan 10th, 2013 at 11:10 AM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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If you have no prior arrests or convictions of any kind and you are both caught and have no defense to the charges and decide to plead guilty, you may still face some punishment. Whether you do any jail time depends on many factors including the type of illegal substance, the amount possessed and whether you were in a "drug free zone" near a school, church, park or other "drug free area." It makes a difference where you are. For example, the Salt Lake County jail is under a Federal over-crowding order, so first time marijuana possession is highly unlikely to land you in jail. Elsewhere in Utah is a different story.
Answered on Jan 10th, 2013 at 10:46 AM
Geoffrey MacLaren Yaryan
If you are accused only of simple possession then you should be eligible for diversion which requires you to attend drug classes. After successfully completing the classes and other conditions your case will be dismissed.
Answered on Jan 10th, 2013 at 10:41 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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It depends on the drugs and how much. Some drugs, like marijuana, are only a misdemeanor if caught (for simple possession) if they are under 20 grams. A misdemeanor comes with a maximum of one jail. Other drugs, like cocaine or hydrocodone, are felonies and face a possible maximum of 5 years in prison. Of course, if the amount is high enough the punishment could be worse. Additionally, any drug conviction in Florida comes with a 2 year driver license suspension. If you have never been in trouble ever and this is a first offense, the maximum sentence is unlikely. Nonetheless, there are still serious consequences and incarceration is possible even if it isn't the maximum.
Answered on Jan 10th, 2013 at 10:40 AM