QUESTION
What am I looking at if I am facing felony possession charges?
Asked on Jun 30th, 2011 on Criminal Law - Massachusetts
More details to this question:
I’m facing 2 felony possession charges with no record. What am I looking at? I have never been in trouble before.
22 ANSWERS
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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This will depend specifically upon the nature of the substances and the amounts with which you are being charged.
Answered on Jul 11th, 2013 at 1:50 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Possession of what?
Answered on Jul 11th, 2013 at 1:50 AM
Hello- Usually probation. If you have good representation, you may get a deferred judgment, which means that after probation they would dismiss the case.
Answered on Jul 05th, 2011 at 11:20 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The maximum penalty can vary depending on the substance and the quantity. However, in many cases, the result is probation, unless there are some aggravating circumstances.
Answered on Jul 05th, 2011 at 11:02 AM
Possession of a controlled substance, if charged as a state offense is usually charged as a Class C Felony which carries up to 7 years in prison, or a fine up to $5000 or both. You definitely need to hire the very best criminal defense attorney you can afford.
Answered on Jul 05th, 2011 at 10:14 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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When charged with a felony, you potentially face one or more years in prison if convicted. Multiple counts and charges multiply your problems. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Jul 01st, 2011 at 4:50 PM
Criminal Defense Attorney serving Oregon City, OR
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Jared Justice, Attorney at Law, P.C.
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You need to provide more information to get an accurate answer. I would be more than happy to set-up a consultation.
Answered on Jul 01st, 2011 at 12:33 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Hard to say. If it is just simple possession and you have no record you might be eligible for deferred entry of judgement. Otherwise it would likely be some jail and probation.
Answered on Jul 01st, 2011 at 12:22 PM
William Guy Pontrello
Probation, drug court. fines and costs.
Answered on Jul 01st, 2011 at 11:28 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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What you are facing depends on the facts, the type of drug involved, you age, education, background, how strong the evidence against you is, the circumstances that the police came into contact with you. It is impossible to give you an accurate answer without all of the above information and more. Sadly, the location and departments involved can make a huge difference in the outcome, just as who you have for a lawyer can affect the outcome. My advise is to consult with the best lawyer you can in your area. You should ask friends, family, other lawyers that do not do criminal defense. Good luck.
Answered on Jul 01st, 2011 at 11:11 AM
For possession of a schedule 1 or 2 narcotic drug of 1,000 grams or more could result in up to life in prison.
Answered on Jul 01st, 2011 at 11:02 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It may all depend on the circumstances. What drug was is? Was a sale involved? Minors involved? Near a school? Did you resist? Etc. Ultimately, what you may be offered is within the discretion of the district attorney. You really must be represented by an attorney. If you cannot afford one, then the judge may arrange for one to be appointed to represent you free of charge.
Answered on Jul 01st, 2011 at 10:59 AM
James Edward Smith
Probation or reduction to a misdemeanor is common for first offenses.
Answered on Jul 01st, 2011 at 10:51 AM
Steven C. Bullock
Possession of what? Your potential exposure is dependent on the controlled substance (if that is what your talking about). Without question, you need to consult an attorney immediately.
Answered on Jul 01st, 2011 at 10:40 AM
Michael J. Breczinski
Feelony possession of what? The length of time varies with the type of substance and the amount. You should get an attorney. Generally the amount of time for drugs that are a felony is at least 4 years though some are less.
Answered on Jul 01st, 2011 at 10:31 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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It depends on what you possessed and the amount you possessed. You could be facing a state jail felony to to a first degree felony - from 6 months to 2 years in state jail or from 2 years up to life in prison. Since you have never before been convicted, you are eligible for deferred adjudication probation. The maximum probation length is 10 years (although that can be extended up to a total of 20 years.) You should hire a lawyer ASAP. Many times in drug cases there are search and seizure issues that need to be explored.
Answered on Jul 01st, 2011 at 10:27 AM
State prison. Time to call a lawyer.
Answered on Jul 01st, 2011 at 9:51 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
It really depends on the facts. If you truly have no record, you are likely eligible for probation and possibly even a diversion program.
Answered on Jul 01st, 2011 at 9:47 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I'm assuming you're talking about possession of narcotics of some kind (i.e. cocaine, heroin...). If it's less tan 25g, you face up to four years in prison. If you have not priors of any kind, you may be eligible for 7411 or HYTA (if you are at least 17 but less than 21). They both have the same end result if you successfully complete probation, the charges will not appear on your public record. You need to have an experienced criminal lawyer review your case for any errors that could get the charges reduced or dismissed or to discover if you are eligible for the statuses I mentioned. Best of everything.
Answered on Jul 01st, 2011 at 9:42 AM
The punishment in California for felony possession of drugs varies depending on a variety of factors including the type of drug, the quantity of drugs, the type of possession (ie. possession for sale, or personal use), and the criminal history of the accused. Typically, the sentence sentence range in state prison is between 16 months and 3 years if the case has no enhancements. However, that does not in any way mean that you are going to serve time in state prison. Most frequently, individuals who have no criminal history can avoid jail time by enrolling in a program (if they are eligible), or they can have their attorney negotiate different sentence with the DA. You should definitely consult with a qualified and experienced criminal defense lawyer who can evaluate your case and advise you based on the specific facts of your case.
Answered on Jul 01st, 2011 at 9:37 AM
Criminal Law Attorney serving Orlando, FL
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Depends on the Charges. May be able to get it dismissed.
Answered on Jul 01st, 2011 at 9:33 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Straight Possession is not a felony in Mass. You must have Possession with Intent. I would have to know more to give you an answer. Call my office if you want to discuss this in more detail.
Answered on Jul 01st, 2011 at 9:33 AM