What is the max a judge can sentence me to jail for an old controlled substance charge? 8 Answers as of July 12, 2013

What is the max a judge can sentence me to jail for a controlled substance charge from 2005? Turning myself in and is their a chance the judge won't give me any jail time? I am in California and haven't gotten into any trouble since 2005

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You haven't given enough information. Is it a felony or misdemeanor? What was the drug and the quantity? What were the circumstances? Do you have a record? What is your explanation for being at large for the last several years? Are you a productive citizen now? There are many factors that are taken into consideration. Get a good attorney. You can get the Public Defender if you can't afford an attorney.
Answer Applies to: California
Replied: 5/25/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You don't mention which controlled substance charge or whether is was a misdemeanor or a felony. Also you do not mention if you were even ever convicted and what your sentence was. Or if you were placed on probation or received a diversion type disposition. Your outcome will depend on all of these. In general, a misdemeanor carries a max of 1 year in jail, and a felony possession a max of 3 years in prison, though such a sentence is highly unlikely unless you have an absolutely terrible record.
Answer Applies to: California
Replied: 5/23/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
What you describe sounds like a charge of a violation of Health and Safety code 11377. It does not matter that the alleged crime is "old," either you are convicted or you are not. A charge of a violation of H&S 11377 can be charged as either a misdemeanor or a felony. A conviction for H&S 11377 as a misdemeanor can carry a maximum sentence of one year in county jail. A conviction for H&S 11377 as a felony can lead to a maximum sentence of three years in prison. Those are the maximum sentences, there is a chance that no jail time will be ordered depending on facts such as criminal history and circumstances of the case. Often treatment is ordered instead of jail. Consult with an attorney.
Answer Applies to: California
Replied: 5/23/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
My understanding from what you said is the case is active and there is a warrant. It's impossible to answer your question because it depends on the particular drug charge. Most are felonies so prison not jail is the maximum penalty.
Answer Applies to: California
Replied: 5/20/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The range of penalties is from no jail time at all to three years in prison, with everything in between being possible. You did not provide nearly enough information to advise you. You might have circumstances that would permit a motion to dismiss. Every case is highly specific and individual. Consult an experienced Criminal Defense attorney in your area.
Answer Applies to: California
Replied: 5/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Whatever the specific Penal Code section[s] provide. Any misdemeanor carries a 6 to 12 month jail sentence. Any felony carries a one year or more prison sentence. Your Failure to Appear and possible flight to avoid prosecution charges each carry penalties. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. A clean record since arrest helps. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. 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. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 5/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You're being a little vague. A "controlled substance charge"? Which kind? Is it a misdemeanor? Felony?
    Answer Applies to: California
    Replied: 7/12/2013
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Good chance. Get a lawyer or the PD to turn you in.
    Answer Applies to: California
    Replied: 5/20/2011
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