What are my plea options for a possession of a controlled substance charge?

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Question:

What are my plea options for a possession of a controlled substance charge?

Answer:

Possession of controlled substance is considered to be a relatively serious charge that is brought when you have control over some substance without the proper authority to have that control. For example, things like valium or codeine are controlled substances and if you are found to be in possession of these items without a prescription or other authority, you can face criminal charges. 

In many states, possession of a controlled substance is a felony charge. This means that you may face very serious penalties including:

  • Jail time
  • Probation
  • Community Service
  • Fines

The specific penalties you face can vary depending on the circumstances and depending on the plea option you choose. As a general rule, you have two major plea options to consider:

  • You can plead guilty and attempt to get the prosecutor to give you a deal in exchange for admitting your guilt. A prosecutor, who has a sure conviction and who gets to avoid the hassle of taking the case to court, may be willing to let you get off more lightly if you plead guilty. You could potentially plead to a lesser offense, such as misdemeanor possession, or you could be given a lesser charge or even a suspended sentence. Whether this works or you get an offer for a deal depends on how the prosecutor wants to handle your case. If your offense was a first one, you have a much better chance of the prosecutor making a deal.
  • You can plead not guilty and attempt to introduce reasonable doubt or otherwise prove your innocence or lack of culpability. If you do this and win, you may face no sentence at all. If you do this and lose, you may face a harsher sentence than you would have if you had pled guilty.

To determine how you should handle your charges for possession of a controlled substance, you should strongly consider speaking with your attorney for advice. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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