What's the punishment for buying herion? 35 Answers as of June 15, 2011

What is the punishment for purchasing heroin? What can I expect in court?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Generally speaking, it is a class C felony. The range of punishment includes prison time. You need to ask for an attorney. If you cannot afford an attorney, you are entitled to a public defender if you fall below certain income guidelines. You do not want to simply plead guilty to a crime of this magnitude. If you are a first time offender, you would be a good candidate for SIS probation which does not count as a "conviction" in Missouri state court.
Answer Applies to: Missouri
Replied: 6/15/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
The penalties for possessing controlled substances in Kansas depend upon the specific charge you face combined with your personal criminal history. You should consult with an experienced attorney.
Answer Applies to: Kansas
Replied: 6/10/2011
Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
In Ohio the punishment depends on how much you purchased. If you purchased a small amount it is likely a possession charge, which is a fourth degree felony. That carries a potential sentence of up to 18 months in prison. The higher amounts can get you as high as a first degree felony, which may be punished by up to 10 years and may also be trafficking charges as well as possession.
Answer Applies to: Ohio
Replied: 6/10/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, possession of a user amount of heroin may lead to a sentence of local jail time and eighteen months probation, with drug treatment required. If the amount of heroin purchased was a large quantity, or there was evidence the drug were going to be repacked and resold, the presumptive sentence for that issue could be a prison sentence. I would highly suggest you consult with an attorney regarding this matter.
Answer Applies to: Oregon
Replied: 6/10/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Presuming you are charged with simple possession, a violation of H & S code sec 11350, the sentence would be 16 months to three years.
Answer Applies to: California
Replied: 6/9/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    It appears that yours would be a possession charge. The penalty would depend on whether the charges are State or Federal and upon the amount of the heroin. You should consult with your attorney to understand the maximum penalty for your jurisdiction based on your specific charges. I hope this was helpful.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Heroin is a controlled substance. Purchasing any controlled substance is a class C felony punishable by imprisonment in the state prison for not less than one year and one day and not more than ten years. Additionally a fine can be assessed for not more than $15,000. Depending on where this offense occurred and possibly where you reside, the Court may tend to favor drug treatment and rehab over jail time. If Drug Court is available in the county where you were arrested that may be an option as well and may result in the charge against you being dismissed upon successful completion.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    In Oregon: Possession of heroin is a felony. The sentence depends on your criminal history. Your sentence could range from presumptive probation to presumptive prison. I need more to guide you on this.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    It depends on your criminal history.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Get a lawyer. Heroin possession and distribution are both very serious. The punishments depend on amount involved. Simple poss of a minor amount is still a felony in NH carrying 3.5 to 7 years and serious potential fines Get a lawyer asap.
    Answer Applies to: New Hampshire
    Replied: 6/8/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon where I work, there is really no punishment for buying heroin. You are punished for possessing it. The punishment is generally a year and a half of probation and up to 30 days in jail, drug treatment, possible community service and a six-month driver's license suspension.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information such as how much heroin and what is the exact charges, possession only or possession with intent to sell, do you have a criminal record and if so what are the details, etc. You should hire an attorney and disclose all details.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    I'm afraid there's no easy answer. It depends on a number of factors: your record, your age and personal circumstances, the amount, etc. A good attorney could make the punishment very minimal if you have mitigating circumstances.
    Answer Applies to: California
    Replied: 6/8/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Possession of Heroin is a felony with a potential sentence of up to four years in prison. If it is your first offense, you may be eligible for 7411 status or HYTA if you are under 21. Both options would keep the charge off your public record as long as you successfully complete probation. You should consult with an attorney to get a more specific answer about your case since it all depends on various factors such as: age, any prior offenses, how much was purchased, who the judge and prosecutor is.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You would be charged with possession of a controlled substance. Normally a class IIIA felony. 1 - 5 years, but a lot depends on State or Fed. Court.
    Answer Applies to: Nebraska
    Replied: 6/8/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In every case, you are facing felony charges. Depending on the amount of heroin found in your possession, the penalties can range from 1 year on up, in the pen, for such an offense. What are you facing? Very hard to determine, because you fail to tell me the amount of substance recovered by the police, as well as your criminal background. There is a chance you can get probation, if the amount was small, and you have clean background. In any case, I strongly suggest you hire an attorney to represent you, do NOT try and resolve this case without one.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Well, for heroin, you could suffer a combination of jail/prison, probation, fines, community service, driver's license suspension, drug testing, and drug counseling. What kind of sentence you would actually receive depends on many factors, including the laws of your state, the judge, the prosecutor, your record, your situation in life, the facts of this case, and your defense attorney. I strongly suggest that you find 2 or 3 criminal defense attorneys in your area to consult with. Choose the one that you have the most confidence in. I wish you the best of luck.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    There is no such crime as purchasing heroin. The crime would be possession of heroin although on occasion I have seen the crime of attempted possession such as where the police attempt a "sting" operation and lure potential heroin buyers to a sham seller. Such tactics are rare however.
    Answer Applies to: California
    Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I believe it will be treated like any other controlled substance, the possession of which is a class "C" felony which carries one year and a day to ten years. However, you need a lawyer to look at all possible defenses. You may be able to plead to paraphernalia, which is a misdemeanor. Get a lawyer. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The actual penalty varies depending on the amount of drug possessed. It can vary from a maximum of 4 years in prison to life. The actual sentence imposed would depend on the person's criminal history and other factors that would be considered in the pre-sentence investigation and report.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Felony drug possession offenses are numerous. the level of the charge depends on the substance in question and the amount of that substance. At a minimum, a felony fifth degree offenses, the lowest felony offense, is punishable by up to 5 years in prison.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Possession of heroin is a felony in Georgia, so you should contact a criminal attorney about all your rights and options. No one can predict a sentence. Good luck!
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    The penalty for purchasing is one level less than selling. Depending upon the amount , in Illinois and depending upon the county, the sentence can range from deferred prosecution to probation, and if a prior record, jail.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    That depends on the circumstances of the case including the amount of heroin and your criminal history. Sentences vary depending on the jurisdiction and judge.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    In Michigan, possession of heroin is a felony punishable up to 4 years in prison. Most first offenders get probation that is tied to a drug program. Sometimes you can avoid a conviction under a special program provided you do everything that the court orders you to do.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It depends how you are charged. The best thing to do is hire a good attorney.
    Answer Applies to: California
    Replied: 6/8/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Depends on how much heroin is purchased; but the punishment for possessing less than 25 grams is up to 4 years in prison and it gets worse with bigger quantities.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Every state is different. In Colorado, it depends upon whether you were charged with possession, or some other offense related to a controlled substance. Also, it depends upon the amount of heroin you were charged with possessing (if it was just possession). The penalty can range from a deferred judgment, to probation, to imprisonment from 1 year to 6 years (again, completely depends upon the exact charge and the amount of heroin). This only applies in Colorado - every state is different. To learn what you yourself may be facing, you need to speak to an attorney who can learn all of the facts and let you know about possible defenses where you may not end up having any penalty at all.
    Answer Applies to: Colorado
    Replied: 6/7/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It's a serious felony charge. It depends on your record, the court, and your attorney.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    There is not charge of "buying heroin". There is a misdemeanor and felony charge of possession of heroin, depending on the amount and depending on whether they are accusing you of of selling, or possession with the intent to sell. Normally with any first offense you will be give probation and ordered to attend drug court, Judicial Diversion, or to get drug counseling along with probation.
    Answer Applies to: New York
    Replied: 6/8/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Depends on jurisdiction.
    Answer Applies to: Arkansas
    Replied: 6/8/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    The punishment is for being in possession of heroin. If it is charged as simple possession as opposed to possession for sales, the statutory punishment is 16 mo, 2 yr or 3 yr. Or you can be placed on probation, depending on the amount. If it is a first drug offense and you qualify otherwise you may get deferred entry of judgment, which means it will go off your record after classes, or Prop 36, which also requires classes.
    Answer Applies to: California
    Replied: 6/7/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. When charged with a felony, you potentially face one or more years in prison if convicted.
    Answer Applies to: California
    Replied: 6/7/2011
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