Can I avoid jail for a second drug possession arrest?

Drug possession charges tend to be less serious than certain other drug charges, such as a charge of possession with intent to sell or distribution. Still, drug possession charges are considered to be a criminal matter, and there is always the possibility of going to jail when you are charged with possession of a narcotic or a controlled substance. The possibility of going to jail increases when you already have a drug offense on your record, since multiple offenses tends to show the court that you are disregarding the law or that you are not serious about resolving your drug problem and becoming a law abiding citizen. 

If you are arrested for a second drug possession charge, whether or not you can avoid jail time depends on:

• The laws of your state. In some states, the aggravating factor of the first arrest can make the charges more serious. In certain instances, you may even be charged with a felony instead of a misdemeanor, especially if the substance was considered to be a serious or dangerous drug or if you have had multiple offenses
• The circumstances surrounding your arrest versus your previous arrest. If you are arrested while you are still on probation for your first drug offense, for example, this greatly increases your chances of having to serve jail time since you will also be facing a probation violation. If it has been several years since your last drug possession conviction, you may have a better chance of arranging a deal or being given a sentence other than jail time.

Ultimately, your best bet if you want to avoid jail for drug possession charges is to speak with a lawyer. Your attorney can help you to decide if you should arrange a plea bargain or if you have other options, such as raising a defense, to help you try to avoid jail time.