with a lawyer what should i get for a first felony drug offense

If you have no prior convictions for a drug-related offense, then your attorney can probably negotiate a plea bargain to get the possession charge reduced to "Littering" with a fine and court costs. You probably won't have to appear in court. You might have to attend a drug education class.

Full Answer

What are the penalties for a first offense felony drug charge?

If you or someone you know is facing a first offense felony drug charge, understanding the charges and possible penalties can be challenging. In general, felony drug charges are a more serious type of crime in that they result in more severe punishments; those charged may find themselves in prison or fined heavily.

What makes a drug crime more likely to be a felony?

Distribution of the substances is another factor that increases the likelihood of the charge increasing in severity to a felony; because the potential for harm increases when controlled substances are distributed to others, this type of drug crime is more likely to be a felony.

Is a drug charge a felony or misdemeanor?

Schedule 1 and 2 substances include drugs like heroin, cocaine and morphine, and drugs that fall into these categories typically qualify for a felony charge. However, the type of drug is not the only factor that determines whether a drug charge is classed as a felony or misdemeanor.

What are the penalties for felony drug possession and distribution?

Felony possession or distribution could garner a fine of several thousand dollars and potentially a year or more in prison for first offenders. The exact amount charged in a fine or imposed in a prison sentence will vary depending upon the amount of the drug possessed as well as its type.

Do first time drug offenders go to jail GA?

Georgia First Offender Act The Georgia First Offender Program will include probation, fees, program completion, and possibly jail time.

Can a felony drug charge be reduced to a misdemeanor in Texas?

Yes, yes it can. Felonies normally get dropped down to a misdemeanor through plea bargaining. A plea bargain is your lawyer's chance to point out the holes and mistakes in the State's case against you. If the police illegally searched your car, that will be brought up during plea bargaining.

What is a 1st degree drug charge in Minnesota?

First degree sale or possession of a controlled substance is the most serious felony drug offense under Minnesota law. As a first-time offense, the crime is punishable by up to 30 years in prison and a $1,000,000 fine.

What is the sentence for drug possession in Missouri?

What is the sentence for possession of a controlled substance? Possession of a controlled substance is a Class D felony in Missouri. If convicted, the offender will serve up to seven years in jail and can be charged a fine of up to $10,000.

Can you get probation for a first time felony in Texas?

Is probation an option? Probation can be an option for certain first degree felony convictions in Texas. Probation is an alternative to serving time in jail. Some defendants convicted of first degree felonies can be put on probation rather than sent to prison.

Can you get probation for a felony drug charge in Texas?

If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.

What is 5th degree drug possession in MN?

Fifth degree drug possession includes any of the following: possession of any amount of a schedule I, II, III, or IV substance (e.g. cocaine, crack, heroin, marijuana, meth, LSD, vicodin, Xanax), but not including a small amount of marijuana (defined as less than 42.5 grams)

What drugs are Class D felony in Missouri?

Possession of a Controlled Substance in Missouri Possession of any controlled substance (not including marijuana) is a Class D felony. Possession of less than 10 grams of marijuana is a Class D misdemeanor. Possession of less than 10 grams of marijuana with a prior drug conviction is a Class A misdemeanor.

How much coke is a felony in Missouri?

The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony. Thus, possession of cocaine regardless of how little and how pure may result in a D Felony charge.

Is possession of a controlled substance a felony in Missouri?

Possession of a controlled substance in Missouri is a violation of Missouri law § 579.015. Depending on the facts involved in the case, it may be a Class D felony, punishable by up to seven years in jail and/or a $10,000 fine. A prior conviction may elevate the offense classification and range of punishment.

What happens if you get a felony drug charge in Texas?

First offense felony drug charges in Texas can lead to serious consequences and a permanent mark on your criminal record. If you have been charged with a drug offense, you are likely worried about incarceration, fines, and more. However, there are other options. You may be able to avoid the harshest consequences and obtain the best outcome possible. Call Hoeller & McLaughlin PLLC at (877) 208-3382 for help with your case.

What is the difference between state and federal drug charges?

The difference between state and federal drug charges may be the severity of the penalties. Many federal crimes have mandatory minimum sentences that allow the judge little discretion when assigning a punishment. While this policy was instated to crack down on drug crimes nationwide, it often results in unnecessary sentences for first time offenders.

What are the different types of drugs that are involved in drug trafficking?

Drug trafficking may involve many different types of drugs, including heroin, LSD, fentanyl, cocaine, PCP, or methamphetamine. The penalties depend on the amount and schedule of the drug involved in your alleged crime.

What is federal drug conspiracy?

It is often an initial charge or added on with other charges. Federal drug conspiracy means an agreement between two or more people to commit a drug-related crime. This allegation may be made even if the crime itself was never committed.

How long can you be in jail for a first degree felony?

Most felony statutes suggest a range for imprisonment. For example, first-degree sexual assault has a range of five to fifty years. If this is your first offense, you have ...

What are the penalties for a felony?

Here are some examples for the first-time felony charges: 1 First-degree sexual assault: 5-50 years in prison 2 Possession of 3 or more ounces of marijuana: up to 5 years in prison, along with fines 3 Burglary is punished by up to 10 years in prison and a fine up to $10,000 4 First-degree arson is punished by up to 20 years and a fine up to $20,000

How long is a Class 3 felony in Wyoming?

A Class 3 felony might carry 10-15 years. The law then identifies the class for each crime. Wyoming is different. We set punishment based on the offense for first-time felony offenders. So there are no “classes” of felonies. To better understand how much time in prison you are facing, you will need to closely analyze the punishment available ...

What is the worst crime in Wyoming?

Felonies. A felony is the worst crime you can be convicted of in Wyoming. Many people contact us to ask what the likely punishment will be for first-time felony charges. This question has a complicated answer, which we will look into more closely below. Although it is true that a first-time offender is likely to receive a lenient sentence, ...

What is the first time offender statute in Wyoming?

Wyoming has a first-time offender statute found at WY Stat § 7-13-301 that can sometimes come into play if you have been convicted of a first offense felony. The law typically applies to people accused of misdemeanors, which are less serious than felonies.

How long does a felony go to jail?

In some states, there are classes of felonies, which have standardized punishments. So, a Class 2 felony in some states might carry 5-10 years in prison as punishment. A Class 3 felony might carry 10-15 years. The law then identifies the class for each crime.

How much is the penalty for arson?

First-degree arson is punished by up to 20 years and a fine up to $20,000. You can try to do legal research on your own, or you can meet with a criminal defense attorney to better understand what punishment you are facing.

What is the third variable used to determine the charge for possession of a drug or narcotic?

The third variable used to determine the charge for possession of a drug or narcotic is the intended use. More often the not, the amount police find helps them to determine the intended use; small amounts are seen as personal use, while large amounts are viewed to be possessed with an “ intent to sell .” If it is determined that the possession of drugs is with an intent to sell, the charges become more severe and a felony conviction warrants serious jail time.

Can you legally possess narcotics?

Unlike drugs, which are illegal in every form (except for marijuana), narcotics, commonly referred to as opioids, can be legally obtained and kept in your possession so long as they were obtained with a valid prescription from a doctor. Even though narcotics can be legal to possess, their addictive nature has caused them to be heavily regulated in an effort to prevent abuse but this heavy regulation has lead to harsh charges.

Is marijuana a felony in Arizona?

§ 13-3405 (A) (1) states that a person “shall not knowingly possess or use marijuana” and anyone who breaks this law can be charged with a class 2-6 felony depending on the weight of marijuana in possession. Due to marijuana’s classification is a non-dangerous drug, a judge is granted more leniency in when dealing with sentencing.

Is drug possession the same in Arizona?

In Arizona, drug possession charges are not the same across-the-board, rather the charges someone will face depend on several important variables. These variables are the type of drug, its amount as well as the intended use of the drug.

Can you go to jail for drug trafficking?

If you have been arrested on charges of drug trafficking or the intent to sell, these charges are serious enough to require a mandatory prison sentence for first-time offenders. Without an experienced and aggressive criminal defense attorney fighting for your freedom, you could face a long prison sentence and a heavy fine that can potentially devastate your finances for years to come.

Is methamphetamine a felony?

Charges for methamphetamine possession cannot be lowered to a misdemeanor or probation. Possession of methamphetamine is a felony that comes with both mandatory and maximum prison time.

How Georgia Defines Drug Possession

Georgia law says that you are in “possession” anytime you knowingly control and handle a drug. Drug possession, except for marijuana possession, is a felony offense in Georgia.

How Penalties are Determined for First Time Drug Offenders

Penalties are determined based on your criminal history, the overall weight of the drugs in your possession, and the type of drug. The court would be inclined to apply harsher penalties if you have prior criminal convictions, you had a large number of drugs in your possession, or the drugs you are in possession of are Schedule I or II drugs.

DEA drug schedules are a critical component of any drug possession charge. Every drug is placed into one of the following schedules

Schedule I drugs have no medical use and are considered to have a high risk of abuse. Examples are cocaine, methamphetamine, heroin, crank, crack, and ecstasy.

2 attorney answers

Any time a person is charged with a felony there is a real possibility of jail time. If he has never been in trouble before, he is a good candidate for probation and possibly can avoid jail time. If he is sentenced to jail, there is the possibility he can do weekends or community work program in lieu of jail time.

Edward Ray Flores

You husband is in some real trouble. I know you said you can't afford a criminal defense lawyer but this is the time when you really need to see if you can make that happen. 1. You should start by calling on any and all people (friends and family) who can...