First time drug offender what am I facing?

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I got pulled over for speeding the other night and the officer asked if I had any pot in the car(I'm assuming he smelt it since I MAY have just smoked) I came clean and handed him the pipe and small baggy with less than a gram of pot in it. He continued to search my vehicle and found a pack of zig zag rolling papers which I had forgot I even had. I have previous felony charges but none for drug offences what kind of sentancing am I looking at here? Jail, probation, etc.. please let me know

Attorney Answers

2
Aaron Black ·
Your possible offer or exposure after trial will depend on a lot of different things. First, I would need to know what your priors are for. If your priors are for violent offenses or other drug cases you may fall outside of proposition 200 and be prison mandatory. Possession of marijuana and possession of dug paraphernalia are both class 6 felonies. You really need an experienced lawyer to look over your case and your priors. I once worked on appeal with a police scenario much like yours and we got the conviction reversed and marijuana suppressed. If you are are proposition 200 eligible and this is your first strike (1st drug charge) you can only get probation. If this is our second strike you can get probation and up to 1 year jail. If you fall outside of prop 200 and have one allegeable prior you are looking at mandatory prison .75 - 2.75. If you have 2 allegeable priors you could be looking at 2.25 - 5.75. Again, there are many different scenarios depending on what your priors are for and how old your priors are. If you can afford an attorney you should consider retaining one as quickly as possible. Your first court hearing will be in EDC. Sometimes the best negotiating can be done in that court. Did the officer charge you with DUI too? Best of luck to you, Aaron Black Criminal Defense Attorney Law Office of Aaron M. Black, PLLC 3219 East Camelback Road #573 Phoenix, AZ 85018 Office #: 480-729-1683 Email: [email protected] http://www.aaronblacklaw.com
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Cary Lackey ·
My colleague, Mr. Black gave an excellent and thorough answer. The real keys here are your "previous felony charges:" how old are they (when were you convicted of each of them? Did you do prison time on any of them? If so, how long?)? Did any previous felonies involve a gun or violence? Depending on how many prior felony convictions you have (3 or more) you could be looking at mandatory prison time. If any of the priors involved a crime of violence, Prop 200 won't apply, and you, again, could be subject to a prison sentence. Needless to say, there appear to be many variables at play here in your particular situation. You need an experienced criminal defense attorney to assist you. If you cannot afford one, you will be appointed a public defender. if you'd like to discuss this matter in greater detail, please do not hesitate to contact me through my website. The web link appears below. Good luck!
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