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  1. #1

    Question 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.

  2. #2
    Join Date
    Feb 2009
    Location
    Knoxville, TN
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    7

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

    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!

  3. #3

    Unhappy Re: 2nd Offense Possession of Narcotics - Likely Sentence

    Quote 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!
    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?

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

    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.

  5. #5

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

    Quote 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.

    .
    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.


  6. #6

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

    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.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

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

  8. #8

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

    "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.

  9. #9
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

    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.

  10. #10
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: 2nd Offense Possession of Narcotics - Likely Sentence

    Quote Quoting scaredSingleDad
    View Post
    "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.
    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.

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