What can my son expect if he was charged with possession of a controlled substance? 50 Answers as of July 09, 2013

My son was arrested today and charge with possession of a controlled dangerous substance. He was in a motor vehicle, and use or under control of a dangerous controlled substance.

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Reza Athari & Associates, PLLC | Riana Durrett
The consequences will depend on the exact charges, how strong the evidence is, whether there is a criminal history, and a variety of other factors. If jail time is a possible consequence then your son will have a right to an attorney.
Answer Applies to: Nevada
Replied: 9/19/2011
Law Offices of Sean Logue
Law Offices of Sean Logue | Sean Logue
It is a serious crime.
Answer Applies to: Pennsylvania
Replied: 6/23/2013
Fitzpatrick, Mariano, & Santos, PC
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
The court considers many factors when determining the appropriate disposition of a case. Prior criminal record and the amount of the controlled substance are important factors. An experienced criminal attorney will assist your son in obtaining the best outcome possible.
Answer Applies to: Connecticut
Replied: 9/19/2011
D T Pham Associates, PLLC
D T Pham Associates, PLLC | Duncan T Pham
Depends on the charges.
Answer Applies to: Texas
Replied: 6/23/2013
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
He could be charged with possession for each substance, (penalties varying by substance and quantity), Possession With Intent To Deliver, OWI-Drugs, possession of paraphanalia, etc. It may be best to wait until his charges are filed, and then determine how to address the charges. If you need legal assistance, you may make an appointment to discuss this case. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 9/16/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    He needs to be represented by counsel.
    Answer Applies to: Michigan
    Replied: 9/16/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    The charge will depend on the type of drug your son possessed and the quantity. The lowest level felony drug possession charge is a fifth degree controlled substance crime which carries a year and a day maximum county jail sentence. The most serious charge is the first degree controlled substance crime which carries a prison sentence.
    Answer Applies to: Minnesota
    Replied: 9/16/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    It sounds like you may be talking about two charges.Possession of a controlled substance is either a Class B misdemeanor if it was marijuana, or a Third Degree Felony if it was a narcotic.A Class B has a maximum penalty of 6 months in the county jail.A Third Degree felony has a maximum penalty of 0-5 years in the state prison.If he were also charged with DUI/drugs, that is also a Class B misdemeanor if it is his first charge.It is mandatory if he is found guilty that he do two days in jail, have a fine and be on probation.He will have his license suspended unless he has requested a hearing from DMV timely.(10 days from ticket)As a parent the best thing you can do is make sure he has good representation and make sure he gets away from the drugs.They destroy lives. Good Luck.
    Answer Applies to: Utah
    Replied: 9/16/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    He needs legal defense counsel such as our office that defends motor vehicle crimes.
    Answer Applies to: New York
    Replied: 9/16/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you retain a criminal defense attorney ASAP. Generally, it depends on the amount and type of drug, along with a number of other factors, including any criminal history. Your attorney can also explore the legality of the search. Good luck.
    Answer Applies to: Georgia
    Replied: 9/16/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    For possession of a controlled substance he could be facing from one year and a day up to ten yeas in prison, and a fine not to exceed $15,000. If under the influence of controlled substances while driving, he could face up to one year in the county jail and a fine of not less than $600 nor more than $2,100, plus DUI school and Victim Impact Panel. All of this is provided that he has no prior record. In addition, the automobile in which he was driving could be subject to forfeiture.
    Answer Applies to: Alabama
    Replied: 9/15/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    He could be charged with a DUI which is a misdemeanor if it is his first or second offense. If he is charged with possession of a controlled substance, then that is a felony punishable by up to five years in prison. He needs to seek experienced legal representation right away.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Depending upon the prosecutor and his prior record, the end result could be a diversion or probation at the least, and jail time at the worst.
    Answer Applies to: Kansas
    Replied: 9/15/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    It depends on many factors such as the amount, type of drug, and whether he has prior convictions. You should hire an attorney as soon as possible to get between your son and the prosecutor.
    Answer Applies to: Arkansas
    Replied: 9/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    What the possible sentence could be would depend on the actual charges he faces. The question is too vague to answer.
    Answer Applies to: Michigan
    Replied: 7/9/2013
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    DUI and possession of the drug. The DUI carries a maximum of 12 months and $1,000. The drug charge will depend on what drug and how much of it was found.
    Answer Applies to: Georgia
    Replied: 9/15/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    There are many factors to consider: does he have any priors? What was the controlled substance? How much was there? How old is he and what are is circumstances in life? Was he under the influence as well as in possession? Depending on the answers, punishments could range from probation to jail time.
    Answer Applies to: California
    Replied: 6/24/2013
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Most first offenders are eligible for a program. In California there are at least three drug treatment programs available to first time offenders.
    Answer Applies to: California
    Replied: 9/15/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    It depends upon the jurisdiction. Denver is the best for this type of offense because they have a special drug court. Your goal regardless of the jurisdiction should be to try and avoid a felony conviction. It is very important to have a good lawyer.
    Answer Applies to: Colorado
    Replied: 9/15/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    First he is lucky if he was not charged with driving under the influence of drugs. If he was only charged with possession and has no previous record, he can expect to have his case continued without a finding (CWOF) for either 6 months or 1 year, supervised probation, including clean urine screens. If he complies with probation, his charges can be dismissed after the term of probation. He should consider himself lucky if this is his only charge.
    Answer Applies to: Massachusetts
    Replied: 9/15/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    If he was driving and charged with DUI-D, there are many specific things he can expect. This is a misdemeanor with up to a year of jail possible and potential loss of drivers license. The consequences depend on priors usually. Much of this depends on his age. This sounds like he was just a passenger in a car, had drugs on him and was using them. This is felony possession. The level of felony depends on the type of drug and the amount found. But, if no priors, it would likely be a probation at worst. There may be stop or search issues that could suppress the evidence, but not in your question. Any felony is too important to deal without an attorney. Get a public defender or hire a good criminal defense attorney.
    Answer Applies to: Colorado
    Replied: 9/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    As to what he is looking at, it depends on the type and amount of substance, and his criminal record. He needs a lawyer, though.
    Answer Applies to: Texas
    Replied: 9/15/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    He could be facing a mandatory minimum of 90 days in jail and the maximum of three years depending on the substance.
    Answer Applies to: California
    Replied: 9/15/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It depends on the substance. Some are misdemeanors, some are Felonies.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Your question does not provide enough information for an attorney to be able to answer your question. A person could be charged with a municipal code violation, a county ordinance violation, a state misdemeanor, a state felony, or even a federal charge depending upon the facts. In any event there is no doubt that your son needs the best defense attorney he can afford. I have handled hundreds of drug cases in the thirty-three years that I have been practicing law, and I might be able to help your son.
    Answer Applies to: Missouri
    Replied: 9/15/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Expect him to see a judge within 24 hours or so where he will be informed of the charges against him. If there was an accident or injury or if he has prior arrests, the prosecutor may ask the judge to set bail (money to be posted so he can stay out of jail while the case is pending). If it was a relatively small amount of drugs, he will likely face only misdemeanor charges (where the maximum punishment is one year in jail). They will likely include Criminal Possession of a Controlled Substance in the 7th Degree PL 220.03 and Driving While under the Influence of Drugs VTL 1192.4 There are few crimes that have the potential to impact someone's life the way a DWI arrest can. Like most crimes, the prospect of potentially going to jail is a scary one but there are many additional potential consequences of a DWI case. The State via the NYPD Legal Bureau might try to seize ownership of your car in a separate civil lawsuit. Your insurance rates will likely increase drastically. Your privilege to drive in New York State will likely be suspended or revoked; this might affect any out of state license you may have. You will face a court-ordered evaluation of your drinking habits. You may be required to attend mandatory alcohol counseling. You may be rquired to wear an alocohol monitoring device on your ankle at great cost to yourself. You may also need to install an automobile ingnition interlock device on any car you drive regularly, again at your own expense. Plus there are fines and court costs as well as a Drinking Drivers Program required by the Department of Motor Vehicles. Choosing the wrong DWI defense attorney can cost you money in ways that most people never consider. At the Law Office of Richard Southard. we specialize in attacking and defending Drunk Driving cases. We stay on top of the latest Innovative DUI trial tools and combine that with relentless DWI cross examination to minimize or eliminate the terrible consequences of a DWI arrest.
    Answer Applies to: New York
    Replied: 9/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It depends a lot on what and how much. I can't really say.
    Answer Applies to: New York
    Replied: 9/15/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    I need to know all of the facts, what he was charged with and his prior history before I could give an analysis.
    Answer Applies to: Minnesota
    Replied: 9/15/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    To many unknown factors to guess. The court will take into consideration his record if any, the drug, the quantity of the drug and any other relevant issues.
    Answer Applies to: New Hampshire
    Replied: 9/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Anything from simple possesssion of the substance to transporting it as well as being intoxicated. What could happen depends on what he is charged with and what his record is.
    Answer Applies to: California
    Replied: 9/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Is this charged as a felony or a misdemeanor? If it is straight possession and a misdemeanor he will be evaluated to see if he qualifies for a P.C. 1000 diversion of a prop. 36 drug program. If it was less than an ounce of marijuana then it is an infraction and a $100 fine. If it moves into a felony then it is possession of a controlled substance for 1 year 4 months, 2 years, 3 years or possession of a controlled substance for sale looking at 2 years, 3 years, 4 years or the sale or transportation of a controlled substance would be 3 years, 4 years, 5 years. He needs an attorney.
    Answer Applies to: California
    Replied: 9/15/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    He will probably be charged with DUI and possession of a controlled substance. If there was a significant amount of narcotics, he could have been charged with felony possession with the intent to deliver. Hire an experienced criminal defense attorney to help him.
    Answer Applies to: Pennsylvania
    Replied: 9/15/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    It depends on the substance and the facts of the case and your son's recor d and age etc. Hire or get an attorney appointed the future ramifications of a drug conviction can be tremendous.
    Answer Applies to: Washington
    Replied: 9/15/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your question is very vague, and it is difficult to tell you what will happen to him when he appears in court. Everything depends on the weight of the drugs recovered, his criminal history, and what charges he was hit with. Was he the driver and receive a ticket for DUI? Just be sure of this fact: possession ofa controlled substance is a felony, for which he may be sent to prison for one year to many many years, depending on weight of drugs, and criminal history of the accused. He may be eligible for probation. Hire a criminal defense lawyer right away and make sure he reviews all the evidence in the case before determining how to proceed. Perhaps there is evidence of an illegal arrest or seizure of drugs.
    Answer Applies to: Illinois
    Replied: 9/15/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The penalties vary depending on the type of subtance and the amount. I need more facts to properly answer the question. Palin old possession of Marijuana carries up to 1 year in jail. Possession of even a small amount of cocaine can carry 4 years in prison.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Charges and consequences can vary depending on what type of substance he had, whether or not he was operating the vehicle under the influence of the substance or just possessed it, and his prior record if any. For most first time possession offenses of a small amount of a controlled substance, a person can be sentenced under Minn. Stat. Sec. 152.18 which allows the conviction to remain off his record, and if he can complete probation successfully, the charge can be dismissed and expunged.
    Answer Applies to: Minnesota
    Replied: 9/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Possession of controlled substance is either a felony or a misdemeanor. Either way a young person with no prior record will probably plead guilty to a misdemeanor drug charge and get 3 years probation. He may have to get counseling or drug court. If he does not complete the program he will get a jail term. he will have a criminal record which will hurt his chances of getting a good job or career, You should retain a good criminal attorney to try and have the case dismissed.
    Answer Applies to: New York
    Replied: 9/15/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The language you're using makes me wonder if this was a California case. The California drug statutes don't use language like "possession of a controlled dangerous substance" - it's possession of a controlled substance. Same thing with regard to the "use or under control" language. If he was under the influence of a drug and driving, he could be charged with DUI. If this is a California case, if it's just simple possession and he has no record, he may be eligible for a drug diversion program. The driving under the influence issue may preclude him from eligibility, however. He'll need to discuss all the details with a local criminal defense attorney in whatever jurisdiction this is in.
    Answer Applies to: California
    Replied: 9/15/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    If this is his first offense, he may be eligible for PC1000 or Prop 36. These are both drug treatment programs that will keep him out of jail and keep the offense off his record.
    Answer Applies to: California
    Replied: 9/15/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    It depends on what the drug is and the weight.
    Answer Applies to: Tennessee
    Replied: 6/24/2013
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    He can be charged with DUI or DWI depending on his age. He can also be charged with possession and either a felony or misdemeanor based on the amount and the type of substance. DWI and PCS are very serious charges and you need to hire an attorney immediately.
    Answer Applies to: Texas
    Replied: 9/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The actual charges will depend on a number of issues. The first issue is the identity of the substance. The penalties for possession of less than 40 grams of marijuana are minor compared to the consequences of possessing methamphetamine, heroin, cocaine or 3,4, MDMA (aka Ecstasy). The penalties for DUI are the same whether one is high on illicit drugs, alcohol or prescription drugs.
    Answer Applies to: Washington
    Replied: 9/15/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    A conviction. It depends upon the type of drug, as the drugs have different schedules and punishments, and the amount is also important to sentencing. But, he may have been searched or stopped illegally, so he needs to immediately hire an experienced criminal attorney to defend him.
    Answer Applies to: Maine
    Replied: 9/15/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    It is a very serious charge and he may be facing license suspension and the possibility of jail time and or a criminal record. I'd highly suggest hiring an attorney for him if possible. If you're Considering hiring an attorney then contact us at your convenience.
    Answer Applies to: New York
    Replied: 9/15/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    He needs a good criminal defense specialist to see if there is a lawful search. After that it depends on whether it is a felony or misdemeanor and what the drug to see what the next step would be.
    Answer Applies to: California
    Replied: 9/15/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    It depends on what crime he has been accused of committing. Possession of marijuana is a misdemeanor, Driving Under the Influence of a Drug is a gross misdemeanor. Possession of a dangerous drug is a felony. They all have different consequences.
    Answer Applies to: Washington
    Replied: 9/15/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Wow. lots of potential issues. What was the controlled substance? How much did he have? Was there intent to deliver (or sell to another person)? Was there any other crime charged? Does your son have any criminal history? All of these issues will impact your son's circumstances. Depending upon the answers to these questions, he could be looking at substantial jail - or prison - time. You need to consult an attorney and explore these questions, and probably others.
    Answer Applies to: Washington
    Replied: 9/15/2011
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