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Urgent: Presciption drug charges in Pennsylvania??
Anonymous2 views3 answers
my ex-wife has been charged with 2 drug felonies in Allegheny county in Pennsylvania: "conspiracy to obtain or acquire possession of controlled substances by misrepresentation" & "acquiring or obtaining possession of a controlled substance by misrepresentation". my question is, what is her MINIMUM possible punishment? she has a non-jury trial coming up soon. she has no other felonies, but has some other "misdameanors" on her record. will she do any jail time? will the felonies stick or be reduced? there is a child custody issue at stake here because of this.
Justin James McShane
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on Mar 22, 2009
Without a lot more detail, it is impossible to tell what will happen. There is the presumption of innocence at a bench trial. The charges are felonies of the third degree. It can range from anywhere from acquittal to incarceration. Where exactly the case falls, time will tell. How it impacts custody will also depend upon what the verdict is, what the custody arrangements are as of right now, what your personal circumstances are and other various factors. In short there are too many variables to give you even an educated guess.
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William Robert Bickerton
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on Mar 24, 2009
Your ex-wife's lawyer should have informed your ex-wife of the possible maximum sentences and any mandatory minimum sentences that she is facing. If she does not have an attorney, she can contact my law firm for a free consultation.
You mentioned that there is a child custody issue. Are you and your ex-wife fighting each other for custody?
Very truly yours,
William R. Bickerton
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John M. Kaman
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on Mar 21, 2009
I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your sate has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.
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