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Penalty for Possession and Selling a Controlled Substance

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  • 07-31-2010, 08:35 PM
    JOENY
    Penalty for Possession and Selling a Controlled Substance
    My question involves criminal law for the state of: NEW YORK

    My cousin was arrested for dealing alot of pills to a cop and where all really worried about how much time he could be facing. He never was arrested before but he is being charged with 5 felony charges. How much jail time can he get for this ?
  • 07-31-2010, 08:41 PM
    jk
    Re: Jail Time
    what exactly are the charges? code sections would be necessary to be able to give you anything accurate.
  • 07-31-2010, 08:45 PM
    JOENY
    Re: Jail Time
    possession of selling a controlled substance.

    they gave 2 A Felons and 3 B felons.
  • 07-31-2010, 08:52 PM
    jk
    Re: Jail Time
    (a) For a class A felony, the term shall be life imprisonment;

    (b) For a class B felony, the term shall be fixed by the court, and shall not exceed twenty-five years;


    http://wings.buffalo.edu/law/bclc/web/NewYork/ny1-2.htm

    Oh, those are the max sentences.
  • 07-31-2010, 08:55 PM
    JOENY
    Re: Jail Time
    Quote:

    Quoting jk
    View Post
    (a) For a class A felony, the term shall be life imprisonment;

    (b) For a class B felony, the term shall be fixed by the court, and shall not exceed twenty-five years;


    http://wings.buffalo.edu/law/bclc/web/NewYork/ny1-2.htm

    Oh, those are the max sentences.

    Is this accurate ? If so then damn.
  • 07-31-2010, 09:06 PM
    jk
    Re: Jail Time
    well, I gave you the link I got it from. Most of the edu sites are generally accurate. They do appear to have simply copied the state statutes. There are myriad variables that would affect the sentence but regardless, he is facing some serious charges. You cannot get worse than an A felony.
  • 08-02-2010, 03:40 AM
    tc498
    Re: Jail Time
    It helps that it's his 1st time and if he is young,those are very serious charges. Obviously he needs to hire an excellent lawyer,it also depends where in new york because some places are worse then others. I doubt he getting life imprisonment he is looking at a good amount of time, a lawyer would be the best person to ask.

    The lawyer can see if their any errors or something to dismiss some or lower the charges. He can try find out about shock probation,work release. Maybe he can serve less jail time then normally and get out on some type of program. A boot camp or something,none of is guaranteed . The 1st step is to keep his mouth shut and hire a lawyer.
  • 08-02-2010, 08:33 AM
    jk
    Re: Jail Time
    Quote:

    Quoting tc498
    View Post
    It helps that it's his 1st time and if he is young,those are very serious charges. Obviously he needs to hire an excellent lawyer,it also depends where in new york because some places are worse then others. I doubt he getting life imprisonment he is looking at a good amount of time, a lawyer would be the best person to ask.

    The lawyer can see if their any errors or something to dismiss some or lower the charges. He can try find out about shock probation,work release. Maybe he can serve less jail time then normally and get out on some type of program. A boot camp or something,none of is guaranteed . The 1st step is to keep his mouth shut and hire a lawyer.

    while you are probably right about not getting the max time, the fact there are 2 A felonies and 3 B felonies, I suspect he will do some serious time regardless of any brownie points he might have for being a first timer.
  • 08-02-2010, 06:48 PM
    JOENY
    Re: Jail Time
    Thanks for the replies. Im wondering how long does it usually take to see when you actually get sentenced and have to do the jail time ? Some people have said years... Im just curious.
  • 08-03-2010, 06:44 PM
    JOENY
    Trial
    My cousin was caught selling illegal pills to a cop and was arrested and was given 2 A Felonies and 3 B Felonies. He spent 5 days in jail but was let out on 85,000 $ Bail. Where wondering is he going to be sentenced to actual jail time in the future and if so how long till he actually has to do the time ?

    Thanks.
  • 08-03-2010, 06:46 PM
    cyjeff
    Re: Trial
    You didn't give the charges or his previous record.

    2 A's and 3 B's, though, will usually result in some jail time.
  • 08-03-2010, 06:48 PM
    JOENY
    Re: Trial
    He was caught selling to an undercover cop

    " Possesion and Sale of a controlled substance"

    He was never arrested prior.
  • 08-03-2010, 10:04 PM
    tc498
    Re: Trial
    If found guitly at trail or after the plea bargain. Those are high level felonies and such a high bail amount is a bad sign,he needs an excellent lawyer. Some type of jail or prision time is likely,how much all depends.
  • 08-03-2010, 10:39 PM
    KeyWestDan
    Re: Trial
    My question, who is the mad man who put up that much bail? It isn't like there is any chance he will be found not guilty. Better to start doing the time now.

    Unless there is a plea and some of the charges are dropped, I would say he is going to prison even if it is a first offense. Maybe a good attorney could get his probation, but I would be very surprised if that would happen.
  • 08-04-2010, 01:33 AM
    JOENY
    Re: Trial
    Thanks for the reply.
  • 08-04-2010, 10:33 PM
    tc498
    Re: Trial
    The case may drag out,a lot all depends. The court process has many steps and delays. Good luck. It's important to research for a good lawyer,ask around,etc. It's common sense and all but go to court look presentable and follow the lawyer advice. These can make a Hugh difference.
    your welcome.
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