How long will he go to jail for selling ecstasy? 31 Answers as of May 05, 2011

My friend caught selling 27 ecstasy pills to an undercover cop. He is currently on probation so how much jail time will he have to do ?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
He will likely have his probation revoked and have to complete whatever sentence was suspended for probation. He may be able to negotiate down to possession and get his sentence run concurrent with his revocation, but he needs counsel to assist with reviewing the facts for all potential defenses, first. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Are you on probation for selling the ecstasy or for another offense? If you are on probation for the selling ecstasy offense, you will not serve any jail time. Hire an attorney and visit my website for more information. Good luck in the process.
Answer Applies to: Michigan
Replied: 5/5/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
This depends on the extent of his criminal history.
Answer Applies to: Washington
Replied: 5/4/2011
Harden Law Offices
Harden Law Offices | Leonard D. Harden
It really depends on underlying sentence re probation violation. You should contact your prior defense lawyer if unclear about prior. The new charge is serious; he needs a good lawyer.
Answer Applies to: New Hampshire
Replied: 5/3/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
The amount of jail time possible for a felony conviction in Kansas depends upon the exact charge level of the crime coupled with the personal criminal history of the defendant.
Answer Applies to: Kansas
Replied: 5/3/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Ecstasy is classified as a schedule I narcotic in Louisiana. If convicted, your friend will be facing 5-50 years of jail time and fines of up to $50,000. The fact that he is currently on probation will have additional consequences but will be subject to the specific terms of his probation. As should be clear, this is a very serious offense and the penalties could be extreme. For this reason, your friend will need to hire an experienced criminal defense attorney in this matter. We invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 5/3/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    A jail sentence in the situation you described is difficult to determine. It is based on the seriousness of the crime in the state in which the act occurred, your friend's criminal history and the type of charge for which he is on probation. Without knowing more, it would be difficult to estimate any potential jail sentence. In Oregon, and based upon the facts given in your question, the charge may be a delivery of a substantial quantities of ecstasy, which is a serious crime with a presumptive prison sentence. Your friend should definitely obtain an attorney.
    Answer Applies to: Oregon
    Replied: 5/3/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A person receives jail for failure to comply or reoffending. How much time your friends get will depend on what he has been doing to show he can remain out of trouble. You friends best hope is to get a good criminal lawyer to hopefully get the charge reduced and perhaps a plea agreement to no jail.
    Answer Applies to: Nebraska
    Replied: 5/3/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    A person found to manufacture, distribute or otherwise possess ecstasy commits a felony in the second degree, punishable by a sentence of imprisonment not to exceed 15 years. In lieu of punishment, or sometimes in addition to, the person who commits the offense is subject to a fine of up to $10,000 when convicted of a first or second degree felony. That said, there are so many variables to case outcomes. Is this a first drug offense or is he a repeat offender? What is he on probation for? Does he have a good attorney? All these things can significantly influence the outcome of the case.

    Read more: What Are the Ecstasy Laws in Florida? |
    Answer Applies to: Florida
    Replied: 5/3/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It is difficult to calculate because there are actually two sentences to be imposed, presuming he will be found guilty. Remember, as Shakespeare said, "There are many a slip 'tween the cup and the lip" meaning just because he was caught "red-handed" doesn't mean he has no way out. There a number of "defenses" available to him, depending upon the facts and circumstances, so don't give up on him yet. See if you can find him a great lawyer who has lots of experience and consult with him/her about the facts. He's facing a "B" Felony which carries as much as 25 years in prison. However, in certain situations he may be eligible for Drug Court which could conceivably get him out without doing any jail time. Of course, there is also a Violation of Probation which could be just about anything since you did not mention what he was already on Probation for. Usually, once they Violate, they are looking at jail time, but he could have been convicted of a Misdemeanor and that would only get him one year in jail. As I said, have him or his representative speak to a good lawyer.
    Answer Applies to: New York
    Replied: 5/2/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It depends on how much he had had on probation and what he gets in this case. He could serve one or two sentences. Call me if you have any questions.
    Answer Applies to: Alabama
    Replied: 5/2/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The amount of jail for a felony conviction begins with some analysis under the Criminal Sentencing Guidelines. Based on the Offense variable scoring and prior record scoring, a minimum expected range will be set. Deviation from the minimum can be made based on substantial and compelling circumstances. The greatest minimum sentence (e.g. the time needed to be served before consideration of parole) is 2/3 of the maximum for the offense. He should consult with his attorney for calculations of the minimum guideline range.
    Answer Applies to: Michigan
    Replied: 5/2/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That will depend on a number of factors. First, and most important he was on probation. This means he will have a probation violation and the judge that placed him on probation may give him a year in jail. Then, if he has a prior felony the B Felony drug sale carries a 3 year mandatory minimum. If it was a violent predicate the minimum is 6 years. He may be able to get Judicial Diversion if he is an addict, but that would mean 18 months of treatment and the case could be dismissed. If he does not stay clean and arrest free he will do 3 or 6 years in prison depending on his prior conviction. He should retain an experienced criminal attorney who is familiar with the prosecutors, police, judges, parole officers, clerks, drug counselors, and who may be able to negotiate a favorable plea to keep him out of prison. If he is young and in college or is working and comes from a good family the probation officer, judge, and prosecutor may give him a break. If he is just a drug dealer who has not learned his lesson he is probable going to jail. Even if he goes to jail he is eligible for shock incarceration. This is six months of boot camp and then he will be released to parole. This can take three months to get into and you will be transferred from the prison to the boot camp. He can also do a drug program in jail that will get him out to work release after a year or more. If he sold to an undercover he will probably have to plead guilty since it's very hard to beat those charges since they use money with recorded serial numbers and several officers will witness the sale and testify at trial.
    Answer Applies to: New York
    Replied: 5/2/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is difficult to say how long this guy will go to prison. If in Illinois, he is probably facing a minimum of 6 year sentence. Much depends on the total weight of the drug, defendant's criminal history, and the validity of the State's evidence. Very possibly, he could get a lesser or greater amount of time, depending on whether he co-operates with the police and prosecution. My strongest advice is to retain a good criminal defense attorney as soon as possible to represent this guy, he most certainly needs one.
    Answer Applies to: Illinois
    Replied: 5/2/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A second degree offense a VERY serious felony. It is punishable by up to 25 years in prision or to payment of a fine of not more than $500,000. Even with no prior record, the presumptive sentence includes a commotment to prision for a period between 41 and 57 months.

    Civil penalties may also apply. Police authorities make money by confiscating your property. If you were arrested for drug offenses, property can be seized. This includes cash that the person may have had with them, vehicles they may have been using or even homes where drug offense are alleged to have occurred. The evidence will be held without releasing it so long as there is an ongoing investigation. Often, prosecutors will attempt to forfeit the property permanently. It is often possible to file a lawsuit seeking the return of your property.

    The collateral consequences of a conviction are also severe. Even a minor drug offense conviction may result in the inability to work in certain fields. For example, a drug conviction can disqualify a person from ever working in the health care field in almost any capacity. It may also impact employment in many other careers, particularly jobs that require a background check or security clearance. Background checks may also be performed for those seeking to rent a residence. A conviction may result in a denial. Finally, a conviction for a drug offense can have a significant impact on immigration and, in some instance, may result in deportation for non U.S. citizens.

    Given the significant impact of drug offenses, consulting with experienced legal counsel is imperative at an early stage so that all defenses can be explored and evidence challenged. Obviously, there are many defenses to such a charge and clearly aggressive representation is necessary to avoid or reduce potential penalties. Often, the defenses do not becoem apparent ntil all facts are reviewed and complete discovery is provided.
    Answer Applies to: Minnesota
    Replied: 4/30/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    4-30-11I need more information to answer this question.From what is provided, if your friend is on probation and sold illegal drugs to an undercover police officer he will very likely be facing his probation being revoked and serving the sentence imposed. Following that, distribution of a controlled substance carries a range of punishment of not less than 2 nor more than 20 years, provided that the offender does not have any prior felony convictions and if the exchange of illegal drugs occurred within three miles of a school zone the punishment is enhanced to not less than 5 years nor more than 20 years. If your friend has one prior felony conviction (as he is on probation) the punishment could be not less than 10 nor more than life. If he has two prior felony convictions he could be facing not less than 15 years nor more than life. If he has three felony convictions he could be facing a mandatory life sentence.
    Answer Applies to: Alabama
    Replied: 4/30/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The consequences are not good. Michigan has a well-deserved reputation as being one of the toughest on drug crimes. If he is charged with Possession with the intent to sell less than 50 grams of ecstasy, then the maximum penalty would be up to 20 years in prison. His previous record will dictate what his sentencing guidelines are however. If he is on probation, that is another serious matter. He could be violated by his probation officer and if guilty could do jail or prison time for the violation depending. He needs to retain an experienced criminal advocate as soon as possible.
    Answer Applies to: Michigan
    Replied: 5/1/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are the Goolsby Law Firm, LLC located in Augusta, GA. It is impossible for anyone to predict how much time a judge might give. I recommend he retain an experienced criminal lawyer ASAP to advise him as to all his rights and options! Good luck!
    Answer Applies to: Georgia
    Replied: 5/1/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If he is on felony probation already he will probably face a prison term of up to 5 years if convicted of the new offense. Of course, if there are weaknesses in the prosecution case for some reason a good lawyer might be able to negotiate something a lot better. Also if he goes to trial and has a good defense he might not be convicted at all though the probation violation can still cause him to serve time because of that alone.
    Answer Applies to: California
    Replied: 4/30/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    You friend is likely charged with possession of a controlled substance with intent to deliver 4-200 grams. If he has no criminal history, it is possible that he may be given probation. However, the range of punishment for this type of case is 5-99 years or life in prison.
    Answer Applies to: Texas
    Replied: 5/1/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    How much time he will receive depends on a number of different factors, including a prior criminal record, plea bargain negotiations, defendant's age, number of alleged sales, and the strength of the evidence against the defendant, such as video, confessions, and additional drugs found in his possession. The charges are a felony, so he is facing more than a year in jail, although probation may be a possibility, expecially if he is an addict.
    Answer Applies to: New York
    Replied: 5/1/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Sales of a controlled substance carries up to 3 years in state prison. Your friend is ineligible for a drug program and is facing a non-reducible felony offense. He desperately needs a very good criminal defense attorney.
    Answer Applies to: California
    Replied: 5/2/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It really just depends on many factors such as your friend's individual current circumstances, the details of the sale, his degree of responsibility, any mitigating factors. A good attorney could possibly keep him out of jail.
    Answer Applies to: California
    Replied: 5/1/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    What your friend is on probation for is critical, because that will determine the probation terms and thus the violations and ramifications of same. But let's not jump to him being in jail; we defense attorneys have a few cards to play as well - keep that in mind.
    Answer Applies to: California
    Replied: 5/2/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    He could face revocation of the time he has hanging over his head on his original charge and between 0 to 15 years on his new charge if it is possession with intent to distribute or up to 20 years on a trafficking charge.
    Answer Applies to: South Carolina
    Replied: 5/1/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It will depend what he is on probation for, what county he is in and other factors. It is possible he won't go to jail at all- it just depends on a lot of things.
    Answer Applies to: Colorado
    Replied: 5/1/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Thats up to the DA, judge and defense attorney to negotiate as part of a plea bargain, or for the jury and judge to determine upon conviction if he goes to trial. It depends upon all the charge[s] brought by the DA. Youll learn the actual charge[s] filed when you appear for arraignment at your first court hearing.
    Answer Applies to: California
    Replied: 5/1/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, because he's on probation the judge can sentence him on the violation to as much as the maximum sentence for whatever he's on probation for. It is in the judge's discretion whether he does that or some lesser punishment. In addition, he could be looking at either probation or jail time for the new charge as well.
    Answer Applies to: Massachusetts
    Replied: 4/29/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Not enough information for an exact answer. For what was he on probation? What is his record? Were guns involved? Is he a gang member? Could be facing 4 years in prison or more depending on the answers to the questions.
    Answer Applies to: California
    Replied: 5/2/2011
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