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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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how much jail time will my husband get he is a class c first

Customer Question

how much jail time will my husband get he is a class c first time offender he pleaded guilty to 1.8 grms of mixed meth.. and if they charge him with 1.1 of pure meth how much time will he het for that one ..?also are any of them two mandstory jail or prision time?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you.

Has he been charged with POSSESSION of mixed meth and already pled guilty?

Thanks
Customer: replied 2 years ago.
yes he pleded guilty he is waiting for a pre sentce report. but hes not sure what they are gonna chrage him with.
Expert:  xavierjd replied 2 years ago.
Did the additional charges that they are threatening him with happen on the same day that he has already pled guilty to or did they happen on different days?

Thanks
Customer: replied 2 years ago.
they said it happend in augest the raided our house where they did not find anything here and was akso not home they out afederal warrent out for him they did apprehended him in april.and it was not found on him they said he sold to an person working with the feds.
Expert:  xavierjd replied 2 years ago.
Thanks for the information.

Did he plead guilty in Federal Court or in the state court?

Thanks
Customer: replied 2 years ago.
he plesded gulty in federal court hes never been in prision befor and this is his first drug charge
Expert:  xavierjd replied 2 years ago.
Thank you for the information.

The sentencing of your husband will be governed by the Federal Sentencing Guidelines. Below is a link to the guidelines.
http://www.ussc.gov/guidelines/2011_Guidelines/Manual_PDF/index.cfm

It is very difficult to determine whether your husband will receive jail/prison time, and how much, because MANY factors are taken into consideration in the sentencing guidelines. However, there are mandatory minimum jail/prison times for many drug offenses. It depends on the quantity, type, and other factors involved in the crime.

Don't be surprised if your husband has to serve at least SOME time in jail/prison and then be released under supervision.

You should speak to your husband's attorney. S/he will have to calculate the sentencing guidelines using all of the applicable factors. Once he calculates the guidelines, s/he will be able to tell you exactly what maximum time he is facing.

I hope you find this information useful and that you CLICK THE GREEN BUTTON so that I can get credit for answering the question. Thank you.
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 9 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
he went for
his pre sentence report with the po and she is suppose to call us to verrif
y the report how long after it is done will he go to court for sentencing
Expert:  xavierjd replied 2 years ago.
The time between the pre-sentence report and the time that he is actually sentenced depends upon a number of things, including but not limited to, 1) the investigator's schedule; 2) the time it takes to gather information from sources other than the defendant; 3) the time it takes for the investigator to write the report; 4) the court's docket--meaning how quickly the court can get the sentencing on the docket.

In many cases, at the time the plea is taken or there is a finding of guilt, the judge will set the sentencing date. If the sentencing date is not set at the time of the plea or finding of guilt, it may possibly take 4 to 6 weeks for the defendant to be sentenced.

You may wish to contact the court and ask if a sentencing date has been set, or contact the person who is preparing the report to find out when the sentencing will occur.

I hope you find this information useful. If you have additional questions, please ask.

Please remember to only rate my answer when you are satisfied with it. IF you feel the need to click either of the two stars on the left, PLEASE STOP and REPLY TO ME VIA THE CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue to further work with you and do everything I can to provide you with the service that you seek. Thank you. Good luck.

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