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
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
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
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
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
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