How much jail time will my brother serve for selling ecstasy pills? 8 Answers as of January 06, 2011

My brother has been charged with 3 different sell charges for attempting to sell ecstasy pills. I do not know how many pills. This is not his first offense. He was offered a plea of 25 percent of 15 years, less than four years. I am no lawyer but I advised him to take the deal. Because he had an appointed attorney that did not argue, he did not take the DA plea. What is the average amount of jail time he is facing by not taking the deal?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The low term if three years and the high would be 15. This depends on if the time runs concurrent of consecutively. If he has no record he should be looking at three years.
Answer Applies to: California
Replied: 1/6/2011
Desert Defenders
Desert Defenders | John Jimenez
There's NO California court that is going to sentence someone to 25% of anything. If he was offered 4 years in state prison, and he's never been to prison before, that's a little high. But, no one can really say what's reasonable or not, without knowing all of the facts (his criminal history, present life circumstances, etc.) and a careful reading of the police report.
Answer Applies to: California
Replied: 1/5/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
There are so many factors in this question no one can state if the deal is good or not. One would have to review the case and his prior criminal history to determine what an appropriate range would be to a plea agreement. If he is unhappy with the public defender you should contact a couple private attorneys to review the matter.
Answer Applies to: California
Replied: 1/5/2011
Law Office of Evan E. Zelig
Law Office of Evan E. Zelig | Evan E. Zelig
Thanks for your questions. There is no "average time" a person can receive for that type of offense. The sentencing would depend on his record, the facts of the case, and charges and number of charges he pleads Guilty to and other factors involved. Without knowing a great deal more about those issues it is impossible for me to say what the "average" would be.

He has to assume, if he turns down a DA deal and goes to trial, that if convicted he can face up to the maximum time in prison for the offense. While he may not receive the maximum, if he does go to trial that is his risk and what he may be sentenced to.
Answer Applies to: California
Replied: 1/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
It depends upon all the charges actually filed, the facts, evidence, priors, etc. He finds the answer when his attorney negotiates a plea bargain, or when the judge sentences him after trial. He needs to talk to his attorney.

If charged with a felony, he faces potential prison time if convicted. As a misdemeanor, then he faces up to a year in jail. Effective plea-bargaining, using whatever defenses and sympathies there may be, could possibly keep him out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If serious about hiring counsel, feel free to have him contact me. Ill be happy to help use whatever defenses he may have. If he can't afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 1/5/2011
    Law Offices of Philip P. De Luca
    Law Offices of Philip P. De Luca | Philip De Luca
    In response to your questions, I would like to know a lot more information, e.g., how was he allegedly caught? How was the alleged search and seizure performed? Does he have priors? Was he on probation at the time of the alleged occurrence?

    In many cases of this nature, evidence is not properly searched and seized. A Motion to Suppress Evidence may be the way to dispose of some or all evidence, which could lead to dismissal of some or all of the charges. I have been successful in excluding scales, baggies, drugs, money and defendants' statements in cases of this nature. It is definitely worth looking into these issues and others before agreeing to accept a plea. You are welcome to contact me; my information is below. Hope this helps. Good luck.
    Answer Applies to: California
    Replied: 1/5/2011
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