What am I looking at if I am facing felony possession charges? 42 Answers as of July 11, 2013

I’m facing 2 felony possession charges with no record. What am I looking at? I have never been in trouble before.

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Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
It all depends on the weight of the alleged drug and what type of drug it is, the range could be from just a criminal record with no other punishment to time in a state prison.
Answer Applies to: New York
Replied: 7/4/2013
Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
Hello- Usually probation. If you have good representation, you may get a deferred judgment, which means that after probation they would dismiss the case.
Answer Applies to: Colorado
Replied: 7/5/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
First, there are many levels of felony possession. The lowest level is a fifth degree felony possession. It is a VERY serious felony. Even with no prior record, it can carry with it uup to five years in prison. Civil penalties may also apply. Police authorities make money by confiscating your property. If you were arrested for drug offenses, property can be seized. This includes cash that the person may have had with them, vehicles they may have been using or even homes where drug offense are alleged to have occurred. The evidence will be held without releasing it so long as there is an ongoing investigation. Often, prosecutors will attempt to forfeit the property permanently. It is often possible to file a lawsuit seeking the return of your property. The collateral consequences of a conviction are also severe. Even a minor drug offense conviction may result in the inability to work in certain fields. For example, a drug conviction can disqualify a person from ever working in the health care field in almost any capacity. It may also impact employment in many other careers, particularly jobs that require a background check or security clearance. Background checks may also be performed for those seeking to rent a residence. A conviction may result in a denial. Finally, a conviction for a drug offense can have a significant impact on immigration and, in some instance, may result in deportation for non U.S. citizens. Given the significant impact of drug offenses, consulting with experienced legal counsel is imperative at an early stage so that all defenses can be explored and evidence challenged. Obviously, there are many defenses to such a charge and clearly aggressive representation is necessary to avoid or reduce potential penalties. Often, the defenses do not become apparent until all facts are reviewed and complete discovery is provided.
Answer Applies to: Minnesota
Replied: 7/5/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The maximum penalty can vary depending on the substance and the quantity. However, in many cases, the result is probation, unless there are some aggravating circumstances.
Answer Applies to: Michigan
Replied: 7/5/2011
Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
Possession of a controlled substance, if charged as a state offense is usually charged as a Class C Felony which carries up to 7 years in prison, or a fine up to $5000 or both. You definitely need to hire the very best criminal defense attorney you can afford.
Answer Applies to: Missouri
Replied: 7/5/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Possession of what?
    Answer Applies to: Washington
    Replied: 7/11/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When charged with a felony, you potentially face one or more years in prison if convicted. Multiple counts and charges multiply your problems. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 7/1/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    It depends on whether it is a C Felony or a B Felony. A C Felony is 1 day in jail up to 7 years in prison, a B Felony is 5 to 15 years in prison (i.e. a minimum of 5 years in prison).
    Answer Applies to: Missouri
    Replied: 7/1/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will depend specifically upon the nature of the substances and the amounts with which you are being charged.
    Answer Applies to: Louisiana
    Replied: 7/11/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Best outcome would be a plea to one charge in exchange for dismissing the other. The court has the option to use the First Time Offender Waiver sentencing option. The sentence range is 0-90 days. Ordinarily that scheme, you would be looking at 0 to a few days in jail. You can position yourself best by obtaining a substance abuse evaluation and treatment recommendation. If you have insurance or can otherwise afford treatment, by all means get a treatment bed date. The courts and most prosecutors would like to see you get a handle on your addiction and see you tackle it head on with treatment. Most courts will even postpone your case to allow you to complete an inpatient treatment program. If money isn't a big issue, The Sundown Ranch in Sela, Washington is the best. One of my family members was addicted to meth, pot and alcohol and he has stayed clean and sober for years. Having been a prosecutor for eight years I can tell you straight that taking control of your life is the most-important thing you can do for yourself.
    Answer Applies to: Washington
    Replied: 7/1/2011
    Jared Justice Attorney at Law
    Jared Justice Attorney at Law | Jared Justice
    You need to provide more information to get an accurate answer. I would be more than happy to set-up a consultation.
    Answer Applies to: Oregon
    Replied: 7/1/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Depends on what you were possessing , how much you were possessing and the nature of the possession. A lack of a record bodes well for you. The fact that there are 2 charges might complicate the issue. There may also be a question respecting the interaction between you and the authorities which resulted in the discovery of the stuff possessed.
    Answer Applies to: California
    Replied: 7/1/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Hard to say. If it is just simple possession and you have no record you might be eligible for deferred entry of judgement. Otherwise it would likely be some jail and probation.
    Answer Applies to: California
    Replied: 7/1/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Most likely you would be placed on probation, the actual sentence would depend upon the specific charge you have combined with your personal criminal history.
    Answer Applies to: Kansas
    Replied: 7/1/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary states that you have two felony charges for possession of what I assume is a controlled substance. You have no prior criminal record so you can probably get probation on a misdemeanor or felony plea if you are guilty and the search and seizure were legal. You should retain a criminal attorney to try to prevent a criminal record. You may be able to get Judicial Diversion and get drug treatment for a year or two. After completion the charges will be dismissed. If you were charges with a class A-1 felony or had a large quantity of drugs you might be facing a jail term, but you have not supplied enough details for me to give you a better idea of what you are facing. I assume you have an attorney and you should ask him what sentence might be imposed if you plead guilty or are convicted. If you get into a drug program you will do much better with the judge at the time of sentencing.
    Answer Applies to: New York
    Replied: 7/1/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    Drug possession charges can vary greatly, depending on the type of substance possessed and the quantity. If you are facing what we would call "simple possession" in Oregon (possession of a user amount of drugs) then the likely sentence would be probation with drug treatment and perhaps some time in county jail. If the amount possessed was a substantial quantity, or if there are indications that you were attempting to sell the drugs, the penalty could be prison time with a period of parole afterward. Because there are many variables in a drug possession case, I would strongly encourage you to consult with counsel.
    Answer Applies to: Oregon
    Replied: 7/1/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It completely depends upon the substance possessed and the amount possessed.
    Answer Applies to: Colorado
    Replied: 7/1/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Possesion of a controlled substance is a class c felony punishable by imprisonment in the state prison for not less than one year and one day nor more than ten years and a fine can be assessed in the amount of not less than $15,000, in each case. Additionally, there is an automatic six months suspension of your driving privilege.Whether you receive a sentence that will result in incarceration depends in part on the nature of the possession, the amount involved and the jurisdiction where you were arrested.
    Answer Applies to: Alabama
    Replied: 7/1/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You can fight the case or accept Deferred Entry of Judgment (dEJ) which is a form of probation which after you complete it successfully will result in dismissal of the charges. (kind of) You should have an attorney before you make any decisions however.
    Answer Applies to: California
    Replied: 7/1/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Probation, drug court. fines and costs.
    Answer Applies to: Florida
    Replied: 7/1/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    1 to 10 years. Usually get probation on first time offenses. Look at drug court.
    Answer Applies to: Alabama
    Replied: 7/1/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    What you are facing depends on the facts, the type of drug involved, you age, education, background, how strong the evidence against you is, the circumstances that the police came into contact with you. It is impossible to give you an accurate answer without all of the above information and more. Sadly, the location and departments involved can make a huge difference in the outcome, just as who you have for a lawyer can affect the outcome. My advise is to consult with the best lawyer you can in your area. You should ask friends, family, other lawyers that do not do criminal defense. Good luck.
    Answer Applies to: New Hampshire
    Replied: 7/1/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It depends on the jurisdiction. There are a lot of places where you could reasonably expect to receive probation only, but some counties give jail time for two felony possession charges.
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    For possession of a schedule 1 or 2 narcotic drug of 1,000 grams or more could result in up to life in prison.
    Answer Applies to: Michigan
    Replied: 7/1/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend you retain a criminal defense attorney near you as soon as possible, because no one can predict what a judge will do, and your attorney can help you with your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It may all depend on the circumstances. What drug was is? Was a sale involved? Minors involved? Near a school? Did you resist? Etc. Ultimately, what you may be offered is within the discretion of the district attorney. You really must be represented by an attorney. If you cannot afford one, then the judge may arrange for one to be appointed to represent you free of charge.
    Answer Applies to: New York
    Replied: 7/1/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Probation or reduction to a misdemeanor is common for first offenses.
    Answer Applies to: Nevada
    Replied: 7/1/2011
    Attorney at Law
    Attorney at Law | Steven C. Bullock
    Possession of what? Your potential exposure is dependent on the controlled substance (if that is what your talking about). Without question, you need to consult an attorney immediately.
    Answer Applies to: Michigan
    Replied: 7/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Feelony possession of what? The length of time varies with the type of substance and the amount. You should get an attorney. Generally the amount of time for drugs that are a felony is at least 4 years though some are less.
    Answer Applies to: Michigan
    Replied: 7/1/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    It depends on what you possessed and the amount you possessed. You could be facing a state jail felony to to a first degree felony - from 6 months to 2 years in state jail or from 2 years up to life in prison. Since you have never before been convicted, you are eligible for deferred adjudication probation. The maximum probation length is 10 years (although that can be extended up to a total of 20 years.) You should hire a lawyer ASAP. Many times in drug cases there are search and seizure issues that need to be explored.
    Answer Applies to: Texas
    Replied: 7/1/2011
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    Under Alaska law, Misconduct Involving a Controlled Substance in the Fourth Degree is a Class C felony punishable by up to 5 years in jail and a $50,000 fine. With no prior felony convictions, the sentencing range upon conviction is normally 0-2 years of jail. These type of offenses are eligible for a suspended imposition of sentence, which would normally involve no jail time and a period of probation. If probation is completed with no violations and no new charges, the conviction could be set aside at the end of the probationary period.
    Answer Applies to: Alaska
    Replied: 7/1/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    State prison. Time to call a lawyer.
    Answer Applies to: California
    Replied: 7/1/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    It really depends on the facts. If you truly have no record, you are likely eligible for probation and possibly even a diversion program.
    Answer Applies to: Nebraska
    Replied: 7/1/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I'm assuming you're talking about possession of narcotics of some kind (i.e. cocaine, heroin...). If it's less tan 25g, you face up to four years in prison. If you have not priors of any kind, you may be eligible for 7411 or HYTA (if you are at least 17 but less than 21). They both have the same end result if you successfully complete probation, the charges will not appear on your public record. You need to have an experienced criminal lawyer review your case for any errors that could get the charges reduced or dismissed or to discover if you are eligible for the statuses I mentioned. Best of everything.
    Answer Applies to: Michigan
    Replied: 7/1/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    The punishment in California for felony possession of drugs varies depending on a variety of factors including the type of drug, the quantity of drugs, the type of possession (ie. possession for sale, or personal use), and the criminal history of the accused. Typically, the sentence sentence range in state prison is between 16 months and 3 years if the case has no enhancements. However, that does not in any way mean that you are going to serve time in state prison. Most frequently, individuals who have no criminal history can avoid jail time by enrolling in a program (if they are eligible), or they can have their attorney negotiate different sentence with the DA. You should definitely consult with a qualified and experienced criminal defense lawyer who can evaluate your case and advise you based on the specific facts of your case.
    Answer Applies to: California
    Replied: 7/1/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    Connecticut has different penalties for possession based on amount. I would need to know the exact charge to properly advise you.
    Answer Applies to: Connecticut
    Replied: 7/1/2011
    The Law Office of Corey Cohen
    The Law Office of Corey Cohen | Corey Cohen
    Depends on the Charges. May be able to get it dismissed.
    Answer Applies to: Florida
    Replied: 7/1/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Straight Possession is not a felony in Mass. You must have Possession with Intent. I would have to know more to give you an answer. Call my office if you want to discuss this in more detail.
    Answer Applies to: Massachusetts
    Replied: 7/1/2011
    Rogoway Green, LLP
    Rogoway Green, LLP | Douglas Green
    Felony possession of what? It is difficult to answer your question without knowing more, but, assuming it is drugs and the charges are PCS's (possession of a controlled substance) without anything more, you are looking at probation. The felony sentencing guidelines for someone facing those charges with no criminal history call for probationary sentences. They allow for some small amount of jail time (30 days on each) but many defendants do not actually get jail time. You will, however, get probation. Probably 18-24 months of it. And, with that probation, you will have to get an assessment for drug treatment and do any treatment that is ordered including probably drug tests, etc. So, this is a relatively easy sentence for anyone that does not have a serious drug problem. If, however, you do, the probation can be difficult because it requires some level of sobriety to comply. Also, this all assumes that you have no defenses. You need to hire an attorney (or, get a public defender if you qualify and cannot afford one) to review the police reports and analyze your case for defenses.
    Answer Applies to: Oregon
    Replied: 7/1/2011
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