Legal Question in Criminal Law in California

Trying to find out what kind of sentence a first time offender for drug sales would get


Asked on 4/07/11, 11:04 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

None, unless he or she is convicted. Don't get convicted, or you could get probation, fines, jail time, programs, and you won't ever be employable. Call a lawyer in your locality about not getting convicted. Do this well in advance of your first court date.

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Answered on 4/07/11, 11:14 pm
Joe Dane Law Office of Joe Dane

There is no standard first time sentence. Every case is unique and any sentence will depend on what the substance was, how much there was, whether there are aggravating factors (kids, guns, etc.).

This is after a review of all the details, including search (Fourth Amendment) issues, Miranda, etc.

If the charges can be knocked down to simple possession, then a first time offender may be eligible for a drug diversion program with the end result being a dismissal of all charges.

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Answered on 4/08/11, 5:35 am
Terry A. Nelson Nelson & Lawless

Your guess is as good as any of us who have no knowledge of all the specific charges, facts, evidence, testimony, defenses, etc. When charged with a felony, you potentially face one or more years in prison if convicted, on a misdemeanor, you face up to 6-12 months in jail -- on each count. If you have priors, they are penalty �enhancements� under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. Multiple counts and charges just make your situation worse, of course.

Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.

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Answered on 4/08/11, 11:35 am


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