Criminal Law Questions? Ask a Criminal Lawyer.
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Have you been charged?
If so, what is the exact charge?--including how much marijuana was involved?
Thanks for the information.
Regardless of which state you live in, the sentence for possessing marijuana depends on several factors, including: how much marijuana was found, how big the grow operation was, how old your friend was when arrested, how many prior convictions he has (even juvenile), your friend's work history, educational history, any history of substance abuse, history of mental health issues, family, and even the type of property he was on or near when the crime was committed. Needless to say, all these factors can make sentencing rather complex. Also, your friend's license will be mandatorily suspended for 6 months upon a conviction.
If convicted, prior to sentencing, your friend would be sent for a pre sentence investigation. Based on the interview, and the above factors, among other things, a sentence will be recommended. The judge may accept the recommendation, accept some but not all of the recommendation or not accept any portion of the recommendation. The judge has wide discretion, within the law, when imposing a sentence.
Unless there are unusual circumstances, your friend probably won't do jail time on a first offense. He probably will be placed on probation w/ drug testing and counseling, community service, become or remain employed, get an education, no further criminal activity, fines, etc. If he violates probation, he is more likely to do jail time.
However, there are many things that will occur between an arrest, a charge, pre trial negotiations, plea bargains, or even a trial. Things will need to be taken one step at a time.
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