Criminal Law Questions? Ask a Criminal Lawyer.
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I'm sorry to hear about your daughter's predicament. Each count of possession of heroin can carry up to 7 years in prison and a $50,000 fine. Since your daughter does not have a criminal history and she only possessed the heroin (didn't try to sell), I think it is probable that she would get probation in this instance and not have to serve any prison time. She will still have a felony on her record but at least she'll be able to try and get on with her life immediately.
even thought the heroin was not hers? Is there anyway to have it taken off her record?
So as long as you are not the owner of the verhicle, you can walk away?
Yes, that's basically how it works. The owner of the vehicle is usually the one that gets stuck with the possession charge. Unless she can get one of the other passengers to step up, she's going to be stuck with it. Unfortunately, felonies are not easy to get off your record. She should definitely speak to an attorney before she makes any plea deal and find out exactly what her options are for expunging the record at a later date.
if the passenger in back admitted that it was his, would he go to prison too?
If another passenger took the blame, the charges could possibly be dropped against your daughter. But, the other passenger would have to give a statement to law enforcement first. Then, they would face the 7 year penalty.
So of course the person would never step up. Under what circumstances would the case be dropped?
IF the person made a statement claiming it was theirs.
im sorry but that wouldn't make sense to me. My daughter would admit that the heroin was hers (even though it wasn't) and they would then drop the case? Did i misunderstand you?
The other person in the backseat would have to claim it was theirs instead of your daughter's.
So she well definetley be charged with this, even though she's innocent. Is there nothing else a lawyer can do for her? Is there no hope, in your opinion?
As I mentioned, the lawyer needs to get the person in the backseat to admit to it being theirs. That's really the only way this is going to be dropped. The other options entail doing a plea deal in order to dodge any jail time. There is definitely hope that she won't have to go to jail, but there isn't much chance the charge will be dropped completely
how hard is it to get it off your record?
Most of the time, they don't come off. Only in rare occasions do states allow that.
Felonies will most likely always be on your record.
even if it's your first offense?
What would her chances going to trial be? Would she have any chance in winning?
or is it just assumed that she's lying about it?
I'm sorry to be the bearer of bad news. She really needs to speak with a local attorney to see if there are any programs or sentences that would allow her to keep the felony off of her record, like a deferred adjudication. That would allow her to complete some probationary period and keep the felony off. But again, her lawyer really should be able to tell her what those local options are. Trial doesn't sound like a good idea here, she is risking 7 years of her life in prison, but that would be something to talk to the attorney about as well. My guess is that he'll tell her to take the plea deal and try to keep the felony off her record if possible.
This is all vey new to me, so sorry if i sound ignorant. If you make a plea aren't you admitting to something you didn't know about?
It's not believable that she didn't know about it, especially if she had drug paraphenalia in the front with her. Additionally, possession means dominion or control, and it's generally held that something in your car is under your control, so she could legally enter a guilty plea.
at waht stage in the process do they offer a plea deal?
That's really up to the State. They may not offer a plea at all. It's up to the attorney to work that out.
Boy you aren't really offering much hope here. The state is ct. So you're saying that even though the drugs were not hers, because she had the pipe in front and that she the owner of the car she's presumed guilty and most likely will not be able to get the felong off her record.
I'm sorry, I can only tell you what I know about the law and apply it to the case. Yes, that's basically what I'm saying. Although, as I mentioned, there are sentencing types that may allow her to keep the felony off her record.
are you still there or have you disconnected?
It's hard to say something definitive over the internet without "seeing" all of the facts.
This is just general info based on what you have told me.
Are you having problems seeing my replies?
I'm going to switch to Q&A, that may help. Hold tight.
I thought because if was such a small amt of heroin (any amt is horrible) and that it was he first brush with the law and that according to her, it was the passenger in back who put it there, that there would be a chance for her to at least have a chance to get this off her record. Wouldn't the police officer's report on the incident come into play with this all.
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