Is a first time drug possession charge a misdemeanor?

Both state and federal laws make it a crime for any person to knowingly possess controlled substances. When an individual is arrested on drug possession charges, the State District Attorney decides whether to pursue the crime as a misdemeanor or felony offense. This often depends on several factors, such as the type of drug and the quantity the individual had at the time of their arrest. Minimal amounts may result in a simple misdemeanor charge whereas those found with large quantities could face charges for possession with intent to sell or distribute.

Penalties For First-Time Offenders

First-time offenders in nearly every state are usually eligible to attend some type of diversion program rather than end up behind bars. Obviously, if you were caught with 5 kilos of cocaine, you will most likely be facing felony charges. The only way possible to get this reduced to a misdemeanor may be to testify against your source if the prosecutor is willing to cut such a deal. Many states have mandatory sentencing guidelines that judges must follow. Although these have been repealed in some jurisdictions, they are still in effect throughout the nation.

Getting a Misdemeanor Charge Dismissed

More states are promoting rehabilitation in an effort to help individuals get clean and sober rather than waste taxpayers money incarcerating them. As it stands now, prisons are overcrowded and states look for ways to release non-violent offenders. Drug courts have become more popular and offer programs promoting treatment and education in lieu of jail. If the court ordered program is completed, all charges will be dropped, thus avoiding a criminal conviction.

Why You Need a Defense Attorney

Anyone who has been arrested knows how scary jail can be. First-time offenders may find themselves in with all kinds of violent individuals. Whenever you are facing criminal charges, it’s best to get an experienced defense attorney to represent your interests. It’s possible to use your “get out of jail free card” by entering treatment rather than county jail.