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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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first offense meth arrest...what are punishment

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brother arrested for meth possession on smallest charge...PTI being offered, but is that a guilty plea? should he take that deal, or try to fight? He''s not denying the possession, we just don''t know what to do

DearCustomer/p>

A Pre-trial Intervention is not really a guilty plea but disposition held upon successful completion of the probation. By successfullly completing the terms of the PTI, your brother may be able to avoid charges on a criminal record. This is considered a diversionary program.

Some conditions under a PTI include from one to three years of supervised probation with certain conditions imposed such as, random urine monitoring, and assessments for fees, penalties and fines. If a your brother successfully completes all the conditions of PTI, then the original charges are dismissed and there is no record of conviction. If a defendant does not successfully complete the conditions of PTI, then the defendant is terminated from the PTI program and the case is returned to the trial list

- but to go to court and be convicted could result in up to one year incarceration. Keep in mind, that it is incumbent upon the State to prove that the drug was in your possession and that the arrest was through a legal procedure - so if there is any doubt that the way the arrest occured was within his rights under the Constitution then he might want to consult with a local attorney to see if the evidence is legit or can it be thrown out -

Best to you both,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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