How long would he go to jail for selling ecstasy? 27 Answers as of December 14, 2011
Back in 2008, my boyfriend got arrested by an undercover cop for selling him ecstasy. Up until now his case has been dragged out. Next week or so he told me he'll be having another court date, and his chances of going to jail are 50/50. He hasn't spent to time in jail or any bad rep with the law, this is the first time. I think he gave up names of other dealers and maybe a supplier, but that I'm not sure. How long would will he be kept in jail if worse came to worse? Is there any way I could help him even though I'm living in another state?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereReza Athari & Associates, PLLC | Seth L. Reszko
This depends and cannot be answered by an email. If your boyfriend has no criminal history and takes a plea, he might even get probation without jail.
Answer Applies to: Nevada
Replied: 12/14/2011
Law office of Robert D. Scott | Robert Scott
If convicted for distributing a controlled substance, he faces ten years or more incarceration. Hire him a good lawyer.
Answer Applies to: Maryland
Replied: 12/6/2011
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
You should call his lawyer if you want that information. However, first though, your boyfriend would need to agree to a limited waiver of confidentiality with his attorney and give him permission to tell you that information. His lawyer would know how much time he is facing. If your boyfriend gave his lawyer permission to talk to you about his case, his lawyer may be able to provide that information. However, again, this is the type of information that is usually confidential. Ultimately, sentences are up to the presiding judge. While there are certain restrictions and boundaries that somewhat curtail judicial discretion (sentencing guidelines, plea bargains, the statutory maximums for the particular offense, Cobbs agreements, etc.), ultimately, the presiding judge makes the final decision. Anyone sentenced may have appellate rights. However, again, the sentencing judge has a lot of discretion.
Answer Applies to: Michigan
Replied: 12/1/2011
Michael Breczinski | Michael Breczinski
This can carry time in prison but with a good attorney maybe something can be worked out. He needs a good attorney.
Answer Applies to: Michigan
Replied: 12/1/2011
Law Office of Phillip Weiser | Phillip L. Weiser
Depending upon how this turns out, he may be looking a probation.
Answer Applies to: Kansas
Replied: 12/1/2011
Law Office of Michael R. Garber | Michael R. Garber
He might not get any time in jail. Here, he'd probably get 5 years suspended, but it all depends on the facts and the prosecutor's willingness to work a deal.
Answer Applies to: Louisiana
Replied: 11/30/2011
Law Office of Richard Williams | Richard Williams
There is very little you could do to help and it might be best if you stayed out of it. He could be facing not less than 2 years nor more than 20 years in jail. If the distribution occurred within three miles of a school or housing project the punishment is enchanced to not less than 5 years nor more than 20 years.
Answer Applies to: Alabama
Replied: 11/30/2011
Law Offices of John Carney | John Carney
The only way you can help him is to help pay his legal fees and make sure that he has a good criminal lawyer. If he is young with no criminal record and cooperated with the police and it is in state court he has a chance at getting probation. If he is in federal court there is a much better chance of doing a year or two in prison. If it is a state case and he does get jail time it will be a year or less. He may also get Judicial Diversion or drug court but that is for addicts, not drug dealers. He risked years in prison to make a few quick bucks, not a good decision.
Answer Applies to: New York
Replied: 11/30/2011
Law Offices of Mitch Furman | Mitch Furman
Under the Illinois law selling ecstasy is a class x felony punishable for 6 to 30 years of imprisonment.
Answer Applies to: Illinois
Replied: 11/30/2011
Timothy J. Thill P.C. | Timothy J. Thill
Impossible to say how much time, if any, your friend will have to serve in prison. Every state has different penalties, and different sentences, depending on the amount of drugs sold. It is possible he will receive probation. He probably has a lawyer appointed to represent him already, better to stick with that lawyer.
Answer Applies to: Illinois
Replied: 11/30/2011
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Michigan follows a certain pattern for considering penalties. If the charges are federal, then this will be less applicable. Delivery charges can have different penalties depending on the amount that was delivered/possessed and the category of the substance itself. In Michigan, possession will e associated with different penalties for amounts, with common categories being: under 25 g, over 25 g but under 50 g; and over 50 g. Delivery can be another matter in addition to possession. A quick look at the charges will often reveal the maximum penalty associated with the charge. What actual minimum jail time is associated with he crime will depend on two categories of considerations. First is the prior record variable. It stands to reason that the more prior convictions, (and the more charges in the current case) will result in a higher minimum penalty. Second is the offense variable. The more factors that the offenses more objectionable (e.g. - was a gun used, was the substance worse than others, was there a shoot out, etc.), the greater the minimum jail sentence. The attorney will know and will have explained all of this. Mitigating factors such as assisting the police in other matters can also be considered.
Answer Applies to: Michigan
Replied: 11/30/2011
Hammerschmidt Broughton Law | Mark A. Broughton
It is a little hard to be specific without the exact charges, including any enhancements or special allegations, but most basic sales cases have a maximum exposure of 4 years. Under a recent law change in California that went into effect on October 1st, it would be a "county jail felony." that having been said, it would be unusual for a first time offender to get the maximum; probation is more likely without any aggravating factors (such as selling a whole lot of the drug), but he could get up to a year of jail time as a condition of probation. It is somewhat surprising that this case has taken 3 years to get to this point - there must be some reason.
Answer Applies to: California
Replied: 11/30/2011
Epstein & Conroy | David B. Epstein
Selling a narcotic is a felony and depending on how much was allegedly sold may carry mandatory minimums. However, it is not uncommon to receive probation, or sometimes even a reduced charge, for a first offense. The best thing you could do for your boyfriend is get him a good lawyer, the way you'd get someone a good Doctor if their sick. There's nothing much more you can do.
Answer Applies to: New York
Replied: 11/30/2011
Austin Legal Services, PLC | Jared Austin
You can help him by being there for him and giving as much moral support as possible. I've represented dozens and dozens of criminal defendants and believe me, it makes a difference. Make sure he is represented by a good and experienced attorney. If he cooperates by giving up names, he may be able to strike a deal with the prosecutor for no jail or at least very little jail. There are a variety of possibilities and it's impossible to give a more accurate answer without knowing how strong or how weak the case is and the other surrounding factors.
Answer Applies to: Michigan
Replied: 11/30/2011
Shane Law Office | Robert J. Shane
The fact that your boyfriend cooperated with the police will play a major role in reducing jail time. Hopefully, the defense attorney has solidified a plea agreement with the prosecution that will result in no jail if all terms and conditions are fulfilled. You don't want to be known as a snitch and then have to serve jail time besides. It can be dangerous. You may want to help him by hiring an experienced criminal defense attorney to review the case.
Answer Applies to: Minnesota
Replied: 11/30/2011
Law Office of Jared Altman | Jared Altman
He will probably cut a deal and will know ahead of time what he's facing. He should know already. If he's convicted after trial then all bets are off.
Answer Applies to: New York
Replied: 11/30/2011
Betts Legal Services | Shawn M. Betts
Depending on then level of charge, he could be looking at anything from probation to a prison sentence. But given the age of the offense, and the fact that he has been working with then police, he likely won't face much if any jail time.
Answer Applies to: Minnesota
Replied: 11/30/2011
The Law Offices of Gabriel Dorman | Gabriel Dorman
In California, possession for sale of ecstasy pursuant to Health and Safety Code 11378 is a felony punishable by 16 months, 2 years or 3 years in state prison. The fact that your boyfriend doesn't have any prior criminal record should help him at sentencing. However, his best chance of avoiding jail, if possible, is to hire an experienced criminal defense attorney if he doesn't already have one. This is without a doubt the only way to ensure that your boyfriend gets the best possible result.
Answer Applies to: California
Replied: 11/30/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
He could go to prison. But based on what you have said, probably a local disposition.
Answer Applies to: California
Replied: 11/30/2011
Andersen Law PLLC | Craig Andersen
His sentence will depend on many things. If he signed an informant contract and failed, he will probably be looking at a stiff sentence. Your best bet would be to go online and check the Washington State Adult Sentencing Guidelines web site and you can calculate a standard range for the sentence. However, if he was within 100 feet of a bus stop, as school or a playground he will have additional mandatory sentencing. The same is true if he was armed during the commission of the crime. Take a look at the guidelines and they will explain the process of arriving at a sentence.
Answer Applies to: Washington
Replied: 11/30/2011
Law Office of Charles J. Block | Charles J. Block
The jail time is dependent on the degree of the crime and is mandatory for first and second degree crimes. Perhaps jail will be waived if he was helpful in providing useful information to the police.
Answer Applies to: New Jersey
Replied: 11/30/2011
Mark Thiessen, Attorney at Law | Mark Thiessen
Depends on his priors, the DA, the County, the Judge, and his attorney. Depending on the amount of X and his priors, he could do anywhere from 2 to 10 years in state jail or prison. You can help him by hiring him a well respected drug attorney in that County.
Answer Applies to: Texas
Replied: 11/30/2011
Law Office of Richard Southard | Richard C Southard
His exposure depends on the amount of drugs being sold and possessed, as well as the number of times he is alleged to have sold. Also, the judge will look at his prior contacts with the law, which may or may not exist.
Answer Applies to: New York
Replied: 11/30/2011
Rizio & Nelson | John W. Bussman
If you want to help him, hire an attorney. The maximum penalty for selling ecstasy is 4 years in state prison. He might have other charges or enhancements that could increase that time. I have no idea how likely it is that he'd actually go to prison (rather than taking probation or some kind of reduced charge) without knowing more of the details.
Answer Applies to: California
Replied: 11/29/2011
Stone Furlong Drewniak, PLLC | Thaddeus Furlong
If he's in federal court the govt can recommend reduced sentence for help, and same in state court. Try to obtain a plea agreement that sets forth a specific sentence.
Answer Applies to: Virginia
Replied: 11/29/2011
Law Office of James S. Lochead | James S. Lochead
With an agreement such as your boyfriend entered, there is usually an understanding that if he complies with his side of the bargain, the DA will seek "minimal" jail time. Depending on his criminal record and quantity offsite involved in his case, that could be from no jail to one year.
Answer Applies to: California
Replied: 11/29/2011
Hermiz Law | Madana Hermiz
A conviction from selling ecstasy can have some major consequences (jail time, fines, etc.) With respect to the length of time he'll spend in jail, any answer without more information would just be speculation. The amount of time he would/could serve depends upon a number of factors, including but not limited to the charge/conviction, plea deal (if any), along with any deal he cuts with the prosecutor (relates back to the plea), the amount of ecstasy and whether this is a state or federal prosecution. What you could possibly do is assist him in retaining an attorney.
Answer Applies to: Michigan
Replied: 11/29/2011























