In a felony possession, what kind of time or probation would I be looking at being that I’m a first time offender? 11 Answers as of February 27, 2013

I'm a first time offender and I was charged with possession of marijuana greater than an ounce.

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William L. Welch, III Attorney | William L. Welch, III
In Maryland state court felony marijuana possession carries up to five years. In federal court the maximum penalty would depend on the amount. Ultimately, sentencing depends on whether you were found guilty, the seriousness of the offense, your prior record, mitigation, allocution, and the judge.
Answer Applies to: Maryland
Replied: 2/27/2013
Law office of Robert D. Scott | Robert Scott
Up to 5 years or more incarceration.
Answer Applies to: Maryland
Replied: 2/24/2013
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
It is impossible to give you a specific answer to your case without much more information. There must have been a lot of marijuana, though, to have felony charges filed.. But, generally, without any aggravating factors and no prior record, you could be eligible for either Deferred Entry of Judgement (DEJ) or "Prop 36" drug treatment probation, as opposed to a conviction and sentence/straight probation. You might also be a good candidate for probation as an alternative. The first two are good options to pursue, if eligible, because if successfully completed, the charges would be dismissed and it would be as if no charges were filed. You might also get a measure of help with a real or developing drug dependency problem. The public defender or your attorney will be able to explain your options to you when you go to court.
Answer Applies to: California
Replied: 2/21/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well this depends on all the facts and your prior record (if any). maybe a good attorney could work it out to be a misdemeanor or better.
Answer Applies to: Michigan
Replied: 2/20/2013
Rizio & Nelson
Rizio & Nelson | John W. Bussman
That depends on a lot of things. How much more than an oz did you have? There is a big difference between 30 grams and 30 pounds. Were you attempting to sell it or distribute it? Growing? What county? Do you have a valid dr's recommendation to possess MJ? If it was purely for personal use, then you might be eligible for a diversion program. If it was for sale, then I'd have a lot more questions for you. It's really hard to guess what kind of trouble you'll be in without knowing a lot more about the case.
Answer Applies to: California
Replied: 2/20/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If convicted of possession of marijuana first degree, in Alabama, you could be facing not less than one year and one day and not more than 10 years if you have no prior felony offenses. The sentence can be suspended or probated. You would also be facing a fine of $1,000 for the drug demand reduction act and a six month suspension of your driving privileges.
    Answer Applies to: Alabama
    Replied: 2/20/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It really depends on the location. More than likely you are facing a likelihood of probation. While jail is possible, it rarely occurs for first offense marijuana possession. Depending on the location, you may be on probation anywhere from six months to a year, and it may be reporting or non-reporting, or you may just be required to report the first and last month. Expect a few hundred dollars in fines and costs. Speak to an experienced criminal attorney in your area for a more specific answer. If it's your first offense, you may qualify for 7411 which would keep the matter off your public record.
    Answer Applies to: Michigan
    Replied: 2/20/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You should be looking at some form of probation or court diversion program, however, it is advisable to consult with a lawyer to ensure you get the best disposition possible, do not try handling the case on your own, as jail is a remote possibility.
    Answer Applies to: Illinois
    Replied: 2/20/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You are looking at probation.
    Answer Applies to: Georgia
    Replied: 2/20/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have provided insufficient details. You must engage an attorney to assist in minimizing the damages and hopefully prevent this from going on your permanent record and it effect on the rest of your life.
    Answer Applies to: Michigan
    Replied: 2/20/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    In MN it would be ideal if you could get into a diversion program. Get an attorney asap and hopefully your attorney will be able to get you into a diversion program where the conviction doesn't go on your record.
    Answer Applies to: Minnesota
    Replied: 2/20/2013
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