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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114099
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was charged as PCS MJ with a history of PCS in 2011. Am

Customer Question

I was charged as PCS MJ with a history of PCS in 2011. Am I looking at jail time?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
You were charged with simple possession? How much weight?
Customer: replied 4 years ago.
0.16 grams and 3.11 grams marijuana
Expert:  Law Educator, Esq. replied 4 years ago.
As a second offense, simple possession in IA is considered a serious misdemeanor and you are looking at up to 12 months in jail and generally that time will be suspended and you would get 12 months probation, and also up to a $1000 fine. It is when you get to a 3rd offense, while they call it a serious misdemeanor, it is considered a felony by the feds because you would get up to 2 years in jail (and are generally looking at least at 12 months in jail without suspension of sentence), which means that even though IA calls it a misdemeanor as far as the feds are concerned you lose your firearm rights as they will consider you at that point a convicted felon.

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