If I have a first time felony possession charge will I be able to get probation? 16 Answers as of May 01, 2013

Is it likely that I will get probation?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
This could go several ways depending on the facts. If you are eligible for drug court on this charge, you could end up with nothing on your record and no jail time. It is also possible that you could get county jail time or state prison time.
Answer Applies to: California
Replied: 5/1/2013
Bush Law Group
Bush Law Group | James Falk
It always depends on the particular facts of the case. However, it would be reasonable to assume that you could get probation on a first time charge for simple possession. Additionally if this is simple possession as opposed to possession with intent to distribute, it is possible to get a conditionally discharged sentence.
Answer Applies to: South Carolina
Replied: 4/30/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Simple possession? May be placed in a program. Need an attorney.
Answer Applies to: California
Replied: 4/30/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that it will depend on the court, D.A., what you possessed and how much. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 4/30/2013
The Law Office of Lynn Norton-Ramirez
The Law Office of Lynn Norton-Ramirez | Lynn Norton-Ramirez
You should be able to receive probation but make sure you use a Public Defender or private counsel. You may qualify for a deferral or a misdemeanor.
Answer Applies to: North Carolina
Replied: 4/29/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the class of drug is not very serious, and the weight is not much, like less than 15 grams or so, you in all likelihood will get probation for a first time offense.
    Answer Applies to: Illinois
    Replied: 4/29/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well maybe but it depends on all the facts of the case and your prior record. I can't be more specific without knowing more.
    Answer Applies to: Michigan
    Replied: 4/29/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Having no prior criminal history is a good factor for avoiding incarceration. If you are charged with simple felony possession and not drug trafficking or sale, you also have a good chance to get probation. However, all cases are different, so I can't make any promises. If you appear in Court, you have the right to counsel. I would recommend hiring an attorney if you can afford one, otherwise, if you can't afford an attorney, the Judge can decide to appoint an attorney to represent you (public defender).
    Answer Applies to: Nevada
    Replied: 4/29/2013
    MatthewR. Schutz, Esq | Matthew R. Schutz
    If you are a first offender, probation is likely.
    Answer Applies to: New Jersey
    Replied: 4/29/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You should be able to get probation with a good lawyer.
    Answer Applies to: Nebraska
    Replied: 4/29/2013
    Henry Lebensbaum | Henry Lebensbaum
    Of what.
    Answer Applies to: Massachusetts
    Replied: 4/29/2013
    Gates' Law, PLLC | Thomas E. Gates
    It depends upon the offense and your criminal history.
    Answer Applies to: Washington
    Replied: 4/29/2013
    Brown and Hayes Attorneys at Law, LLC | Christopher R. Hayes
    The simple answer to your question is maybe. There is nothing in Missouri law that will prohibit a judge from granting probation on a class C felony possession of a controlled substance charge. Whether the judge will find that is an appropriate punishment is a different question. A judge looks at several factors in determining whether a term of probation is appropriate in a case. One of the most important factors to be considered is a person's criminal history. The more times a person has been in trouble in the past, the more likely it is that the judge will not grant probation. The judge will also consider a person's conduct after the arrest including but not limited to acceptance of responsibility, act and dress in court and any steps taken to cure the problem. But before you jump to possible punishment, a person should ask if the state can prove the case against him. Please remember that the burden of proof is always on the state. A person charged of a crime does not have to prove anything. So before a person looks at a plea offer, that person should consult an attorney to review the facts of the case and the law that applies to those particular facts.
    Answer Applies to: Missouri
    Replied: 4/29/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It is likely but not guaranteed.
    Answer Applies to: Georgia
    Replied: 4/29/2013
    William L. Welch, III Attorney | William L. Welch, III
    Perhaps. Ultimately, sentencing depends on whether you're found guilty, your record, how serious these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland
    Replied: 4/29/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    A lot depends on your record and the weight involved.
    Answer Applies to: Virginia
    Replied: 4/29/2013
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