2nd Offense Possession of Narcotics - Likely Sentence

My question involves criminal law for the state of: Connecticut

approximately 5 years ago I was caught with a very small amount of crack, found guilty and paid a $200 fine and no probation.

recently, I was again found in possession of a very small amount of same, and drug paraphenalia.

I recently moved to Boston, obtained a good job, gained custody of my children, whom depend on me for full support and care; outside of this incident, I have not been in any trouble w/ the law since 2003

I know the possible sentences can be severe. While I am not eligible for a public defender, there is no way I could afford an attorney.

Does any one know what the "typical sentence" is likely to be in a case like this? Does the fact that 5 years had passed help matters?

Any advice, other than "get an attorney" (I wish I could, trust me)?

Thanks very kindly for your generous time.

Yeah if your out on bond, that pretty much squashes your chances of having a public defender appointed. Split confinement sentence is likely. Something like 30 days and 2 years on supervised probation. No big deal. The state knows your a user not a seller because you had the paraphernalia. Enroll in some kind of outpatient rehabilitation, and bring proof that your making an effort to get better. Good luck man!

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Quoting fereel24k

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Yeah if your out on bond, that pretty much squashes your chances of having a public defender appointed. Split confinement sentence is likely. Something like 30 days and 2 years on supervised probation. No big deal. The state knows your a user not a seller because you had the paraphernalia. Enroll in some kind of outpatient rehabilitation, and bring proof that your making an effort to get better. Good luck man!

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Yes, I have already signed up for outpatient treatment.

I guess, the bottom line is this, If I go to Jail, I will surely lose my job - thus my kids will return to their mother, to the welfare rolls I worked so hard to get them off of.

I am hopeful that the fact I have been in no trouble for 5 years since my last issue, and have completely turned my life around since then, will keep me from being sent to jail at all. I need TREATMENT not imprisonment.

Do you think a suspended sentence is likely with supervised probation?

You're going to have a hard time convincing the courts that you've turned your life around since this is your second offense in 5 year on the same charge. Be assured that child welfare and protective services will be taking a serious interest in your case. Having custody of your children and being arrested for a second charge is NOT going to be looked upon favorably.

No one knows what they courts will do but if you don't have the money to hire an attorney and don't qualify for a public defender, contact your local or state bar association and see if they can refer you to a pro-bono (free) or low cost attorney who will be willing to work with you.

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Quoting M'sta Mikey

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You're going to have a hard time convincing the courts that you've turned your life around since this is your second offense in 5 year on the same charge.
Having custody of your children and being arrested for a second charge is NOT going to be looked upon favorably.
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I guess my hope would be is that would see that since that last arrest, I went from homeless, and jobless - to a full time job, giving my children a home and getting them off of welfare.... and that putting me in jail for this stupid night, would simply reverse all of that progress, put 3 people into the hands of CT taxpayers and create burdens instead of allowing treatment, which was not offered for this issue the last time.

All I can do is hope for the best I guess. I was hopeful that someone would have had a similar experience and could say what happened to them.

:(

Let me ask this question then.

This has to do with the originating search -
We pulled into a private business, where I stopped, put the vehicle in park, and removed my seatbelt.
I then noticed a police car pull up behind me - so I sat still.

Police officer then stated he pulled me over for not wearing a seatbelt.

He then asked if we had drugs in the car, as he saw a strand of "chore boy" on the floor of the vehicle.

a. Does this give him the right to search the vehicle?
b. IF SO, does this give him the right to search my passengers Purse, in which the narcotics and paraphenelia were located. She specifically said she did NOT want them to go into her property.

He asked "Do you have drugs in the car?" You then answered:____?

"No sir, absolutely not."

They really did not even search the vehicle but went for the purse, at which point she said "I really do not want you going through my property"

a very small amount (less than .25 gram or less) and a glass pipe were found in her purse)

I ended up saying that I was responsible for it.

if you can borrow,sell something, am guessing a lawyer might be able to help you get probation. The fact the it's not your 1st offense work against you,the 5 year gap helps somewhat. Who is the other person,they should admit that it's there drugs? Maybe you can find an attorney who has a free consultation,they can arrange some type of payment plan.

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Quoting scaredSingleDad

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"No sir, absolutely not."

They really did not even search the vehicle but went for the purse, at which point she said "I really do not want you going through my property"

a very small amount (less than .25 gram or less) and a glass pipe were found in her purse)

I ended up saying that I was responsible for it.

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The officers have a right to search such places for officer safety.

If the officer was totally lying and you can prove it in a motion to suppress, you may have a chance.

I am off to my first appearance this morning. One thing I noted, is very few people seem to come back and post their "results" ... that may not bode well??

I'll advise as things progress, for the sake of start to finish. If I don't post again... well I guess you'll know how it turned out! :eek:

Good luck.

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Quoting tc498

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Good luck.

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:D Thanks!

they did not seem to concerned really... odd. As in I was not really all that interested in a long drawn out series of court appearances, I asked what the ramifications would be for a straight out "NO CONTEST" on all charges.

He dropped the seatbelt and the paraph, and imposed a $200 fine for the poss-charge. no probation, I'm done.

Since I have a poss charge already... I was not eligible for any programs...
He said, at your age, you are going to do what your going to do and jail is not going to change that. again, odd, but works for me.

I don't see how it matters, if you already have one felony... does a second one really matter all that much?

Anyway... time to smarten up and live a little more wisely. ;)

edit to add: what really shocked me the most, was how poorly dressed and rude everyone was! I went in suit and tie, and outside of the laywer/court people, I think I was the only one... seems really dumb to go before a judge wearing clothes that say "I don't give a shit"

Which may have explained some of your "luck".

Whew... I noticed the "dress" thing when my son had his first court date. I drove 10 hours to bring him a dress clothes - and everyone else in the courtroom except the two of us and lawyers had on jeans or sweats.

Dressing well tells the judge that your serious.Not caring can piss off the da and judge,which is gonna affect you. All states are different,a lot times you would just get probation,fines,sometimes they might want to give you a few months in jail.Having a 2nd felony could make the pushinment more serve if you mess up in the future or up a misdeamanor to a felony.

It's cool that you only paided a fine and didn't have to deal w. probation or anything like that.200 dollars doesn't seem that bad,was there court fees?My friend got caught peeing in the st and got a 300 dollar fine.I did some stupid things and had pay close to 100 dollars and almost had to pay about 500 buxs one time.It's seems like you got a resonable judge. The 5 year gap probably helped too,it's a lapse in judgement,rather then a constant problem.