What is the jail time for possession of a controlled substance?

Asked By: Pastor Kalautov | Last Updated: 7th June, 2020
Category: medical health substance abuse
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Incarceration. Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state's laws, but can range from a few days or weeks to 10 years or more in prison. Probation.

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In respect to this, how long do you stay in jail for possession of a controlled substance?

Incarceration. Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state's laws, but can range from a few days or weeks to 10 years or more in prison. Probation.

Also Know, what is the charge for possession of a controlled substance? Misdemeanor controlled substance convictions will usually result in a criminal fine, and/or a jail sentence of less than one year. For instance, a misdemeanor conviction might result in a fine of $500 and 6 months in jail, depending on the substance and amount possessed.

In this regard, is possession of a controlled substance a felony or misdemeanor?

This is a completely separate charge from a controlled substance charge and is a misdemeanor (not as serious as a felony). If you are an illegal alien and have been found in possession of a controlled substance, this can lead to deportation.

Can you get probation for possession of a controlled substance?

There are instances in which a judge orders a special type of probation for first-time offenders – it's commonly called 410 probation. If the court finds you guilty of possession of a controlled substance, the judge can order you to complete 24 months of probation and hold off on further proceedings.

26 Related Question Answers Found

How long is a year in jail?

One year in jail equals 12 months. However, every jail calculates something they call "good-time credits" which usually ends up shaving a certain number of days off per month served. This varies from one county jail to the next.

How much time is a 10 year sentence?

Meaning if you had a 10 yr sentence, you would have to physically serve 8 1/2 years before being eligible for parole or able to flatten if you had acquired enough good time to do so. There are many factors to consider with each individual.

What are the mandatory minimum sentences for drugs?

A mandatory minimum sentence is a minimum number of years, typically 5- or 10-years in prison, that must be served when a person is convicted of a particular crime. Mandatory minimum sentences for drug crimes are based on the amount of drugs involved.

What is possession in the 1st Degree?

Under our law, a person is guilty of Criminal Possession of a Controlled Substance in the First Degree when that person knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate

What happens when you get a felony drug charge?

Felony drug charges are often the worst of the worst, and they could land someone in prison either state or federal for years or decades depending on the specific circumstances and factors of the case and arrest. Felony convictions lead to state or federal prison systems used for the crimes.

What is the penalty for a Schedule 1 drug?

Penalties for Schedule I & II Drugs
For the first offense of possession of an illegal substance, you can face up to a year in jail and/or a fine up to $5,000.

Is possession a felony?

Felony charges for drug possession often result when a defendant has possessed a particular illegal substance, or any illegal possession of a certain quantity of specified drugs. For example, in most states, possessing any amount of heroin (a Schedule I substance) is a felony.

How much Xanax is a felony?

Possession of Less than 28 Grams of Xanax: Class A misdemeanor and carries up to one year in jail and/or up to a $4,000 fine. Possession of more than 28 Grams but less than 200 Grams of Xanax: Third Degree Felony and carries 2 years to 10 years in prison and up to a $10,000 fine.

What is a controlled substance Penalty Group 1?

Drugs In Penalty Group 1
The controlled substances in Penalty Group 1 include most opiates and opium derivatives, as well as other drugs that the Texas government deems particularly dangerous. Among the other drugs that fall within Penalty Group 1 are: Cocaine. Heroin. Methamphetamine.

Can a felony drug charge be reduced to a misdemeanor?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. Many sex crimes or particularly violent crimes are also labeled solely as felonies, whether in Federal or State Court.

Is possession of a Schedule 1 drug a felony?

Possession of Schedule I drugs, which are considered the most dangerous because they have no medical use and a high abuse potential, is almost always punishable as a felony. Examples of Schedule I drugs are heroin, LSD, and cocaine.

Do I need a lawyer for a misdemeanor drug charge?

You can hire your own attorney, but you can't get one appointed. If this is charged as a misdemeanor because it was in a car, then yes, you can request a public defender if you financially qualify.

What is the minimum sentence for a Class A misdemeanor?

A misdemeanor is typically punishable by a jail sentence of no more than one year, and a fine of a certain amount. This would generally be for a Class A misdemeanor, since that is generally the most serious level of misdemeanor. Lower-level misdemeanors may carry sentences of only months or days.

Can you go to jail for a gram?

Possession of cocaine under 1 gram is a state jail felony bringing a prison sentence of 6 months to 2 years. However, for first-time offenders the sentence can be probated, meaning probation instead of jail time.

What does controlled substance violation mean?

Also called a drug crime, a controlled substance violation typically means a violation of a provision of the Health and Safety Code which deals with various drugs and actions involving drugs.

Can you get probation for a felony drug charge?

The law requires probation if you have a first time State Jail felony drug trial (without any priors). Some people don't want probation, or have served weeks or months in jail and request “time served” deals, or a 12.44(a) or 12.44(b) reduction.

Can you get probation for selling drugs?

Probation. You can also be sentenced to probation if you're convicted of selling drugs. Probation allows you to serve your sentence outside of jail or prison, and while serving it you must comply with the court's probation conditions.