Will I have to face jail time? 4 Answers as of February 20, 2013

I am 19 and am facing felony charges (drugs). It is my first offense.

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Steven Alpers | Steven Alpers
I can only tell you that if you are charged with possession as a felony you should be able to get prop 36 at the worst. If you have sales or possession for sales or manufacturing charges you may face jail.
Answer Applies to: California
Replied: 2/20/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is "possibly" depending on the type of drugs, amount and whether you are charged with possession, intent to sell or both. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 2/15/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You can?t expect anyone to give you an answer to that question, other than to explain jail or prison time is always possible, as that is the penalty for any crime. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. Every crime carries potential jail or prison upon conviction. The charges actually filed by the prosecutor will determine how much ?time? could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. You?ll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal and factual arguments, for evidence suppression, search and seizure, or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential ?time? and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 2/15/2013
Rizio & Nelson
Rizio & Nelson | John W. Bussman
I'd need a lot more info to answer that. What kind of drug charge? (possession for personal use? sales? manufacture? cultivation? importation? transportation? possession on school grounds? selling to kids? under the influence? theft from a pharmacy? etc.) Obviously, I have no idea whether or not you have a defense or if you might be eligible for some type of diversion program.
Answer Applies to: California
Replied: 2/14/2013
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