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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My boyfriend was arrested 1 year ago in November for conspiracy

Resolved Question:

My boyfriend was arrested 1 year ago in November for conspiracy to manufacture crystal Meth
And possession of precursors. The DA offered him a deal of 3- 5 years in drug court if he pleads guilty to both felonies. Both felonies will be removed upon completion of drug court. He goes to court October 9, 2012 to plead guilty and except the plea
My question is: can the judge give him jail time by any chance once he makes the guilty plea thinking he is agreeing to drug court with no jail time? " DeSoto County MS
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am sorry for hear about your boyfriend's situation but I have some good news. From what you describe, it sounds like your boyfriend has been offered what is known as "Deferred Adjudication" under Miss. Code Ann. § 99-19-26-1 et seq. this means that if he:

1) pays a fine;
2) takes some classes;
3) does community service;
4) does not get into any more criminal trouble;
5) does not test positive for drugs throughout the probationary period; and
6) fulfills any other obligations set out in his agreement

...then once the probationary period is over, the matter is dropped and it would be as though it never happened - no conviction.

The caveat is that he has to plead guilty, first, but that guilty plea is deferred. Then, he has the 4-5 probationary period where he has to report to a probation officer and also do all that which I have listed above. If he completes the probation, the guilty plea is dropped along with the charges.

Once such a plea is reached, the Judge generally honors the agreement between the prosecutor and the defendant. So the chance of the Judge giving him jail time is nil.

Your boyfriend is very lucky - Defendants accused of manufacturing rarely get a deferment deal!

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 2 years ago.
Does he have to be able to pass a drug test on the day pleads guilty because we found out you can't take xanx or oxycodone in drug court and he was prescribed both and has been taking both
What if they ask him to take a drug test and he fails what happens?
Expert:  Ely replied 2 years ago.
Does he have to be able to pass a drug test on the day pleads guilty because we found out you can't take xanx or oxycodone in drug court and he was prescribed both and has been taking both

If he was prescribed both, then this is okay - prescription medication is fine as long as he has a prescription, so he may wish to bring the actual bottle to court for verification.

What if they ask him to take a drug test and he fails what happens?

If he fails a UA (once the program starts), then his probation officer may put in to have his deferred adjudication revoked, and he may be sentenced to serve out the time in prison for the original offense, and the conviction would stay. Ergo, it is important not to fail any drug test save for any prescribed medications.

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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