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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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What is the statute of limitations and max jail time for drug

Customer Question

What is the statute of limitations and max jail time for drug posession, trasnportation for personal use and a few times for selling purposes and alos for personal use. The below information is also during my drug use I also gve my friend some medical pain patches to sell during that time. She said she did not end up selling them but if she did woudl this be a class C felony or class a against me Also if someone who witnessed the sale was mugged as a result, coudl I also be charged and wouild this be class c or calss a felony and what is statute of limitations on both class A and class C and the maximum jail time
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

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Customer: replied 1 year ago.


Yes I am ok with waiting do you have a time frime? Either way its ok

Expert:  Fran-mod replied 1 year ago.
Hi,

We are unable to predict when an expert will answer a quesiton. it depends upon the complexity of the question and the area of specialization and the time constraints of the experts on line at any one time.

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Customer: replied 1 year ago.


no problem. i also have a question that I already rated but i am not satisfied with the answer after all. The expert did not actually give me a clear answer on part of my question. How do i repost a question that was already answer to a new expert without it being marked as duplicate?


 


Please let me know


 


Thank you


 

Expert:  Wendy-Mod replied 1 year ago.

Hello,

Thank you for your reply. To better serve you, I will forward your questions to Customer Service. A representative will contact you via email.

Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

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Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Have you ever been convicted of a crime before? If so, what crime(s)?

Thanks
Customer: replied 1 year ago.


No I have not-no convictions

Expert:  xavierjd replied 1 year ago.
Hi,

I want to look up a few things for you. I will be back with an answer asap. It may take some time.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi,

I forgot to ask.....what type of drug is involved?

Thanks
Customer: replied 1 year ago.
cocaine and the medical patches were fentanyl patches
Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the information.

I need to do some research. I'll be back with you asap with an answer. It may take some time.

I appreciate your patience.
Customer: replied 1 year ago.
Ok thank you
Expert:  xavierjd replied 1 year ago.
Hi,

I am SO sorry for the delay in answering your question. I am NOT feeling well.

I promise that I will be back with an answer for you in the morning. I need to rest.

Again, I apologize and I appreciate your patience.

Thank you.
Expert:  xavierjd replied 1 year ago.
x
Expert:  xavierjd replied 1 year ago.
Hi,

Below please find a link to a page that describes possession of heroin, possession with intent to sell and sale of heroin. The page also indicates the MAXIMUM jail time that is attached to each crime. The link is to an attorney's page. I am NOT making a referral. I am providing it for informational purposes only.

http://adplegal.com/practice-areas/
criminal-defense/drug-crimes/new-york-state-drug-crimes/ny-state-penalties-for-heroin/

Also below is another link to penalties (both federal and state) for possession, sale and possession with intent to to sell. You will need to scroll down a bit to get to the penalties.

http://www.upstate.edu/scripts/documents/currentstudents/15_appendices.pdf

The penalties for possession/sale of fentanyl are the same as those for possession/sale of heroin. Again, it depends on the amount, the person's record, etc.

It is doubtful that you would be charged if someone witnessed the sale and was mugged as a result.

Finally, the statute of limitations for drug crimes is 5 years.
However, the statute of limitations is tolled for any period when:
  • defendant is continuously outside the state, or
  • the whereabouts of defendant are continuously unknown and unascertainable, up to an maximum additional 5 years

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 

 

Customer: replied 1 year ago.
Can you tell me if it is class c felony or a. I heard class a has no statute if limitations so is that true which would mean that some drug crimes have no limitations on time because you said all are. 5 years? Plus you mentioned you are not making a referral. If I needed it in the future are you allowed to make referrals on this site
Expert:  xavierjd replied 1 year ago.
Hi,

There is NO statute of limitations for a Class A felony (violent crime-murder), 1st degree rape, 1st degree criminal sexual act, 1st degree aggravated sexual abuse, 1st degree course of sexual conduct against a child.

The drug crimes that you mentioned are most likely Class C felonies. I am basing this on the facts that you posted.

Drug crimes have a 5 year statute of limitations.

Finally, no expert on this site can make a specific referral. Experts can provide information, but it never replaces the advice or assistance of an attorney in your state.

Below is a link to the New York Bar Association Attorney Referral Page. You can call and be matched up with an attorney who may be able to assist you if needed.

http://www.nycbar.org/get-legal-help/legal-referral-service

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.
Plus they never caught me with any specific amounts of drugs. So if brought to trial I could remain silent and since I don't really remember the amounts that could work in my favor right
Expert:  xavierjd replied 1 year ago.
Hi,

It is the prosecutor who has to prove you guilty of a crime BEYOND A REASONABLE DOUBT. That is a very high standard. The prosecutor must prove each and every element of the crime BEYOND A REASONABLE DOUBT.

You DO NOT have to do anything. And, you have a constitutional right to remain silent and not testify at a trial. It is the prosecutor who must prove the case against you. You are innocent until proven guilty BEYOND A REASONABLE DOUBT.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 12 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.

Hi!

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

Customer: replied 1 year ago.


What if someone was hurt by using the patches to poison them and I did not know that was done what type o felony could I be charged with A B C ect


 


Also How much would you think 4 of the patches weigh I am guessing not 4 oz probably less

Expert:  xavierjd replied 1 year ago.
Hi,

First, I have no idea as to what 4 of the patches would weigh. I could not make the determination. Most likely, if someone was poisoned by a patch, it would be sent to the State Police Crime Lab and/or a Forensic Lab for a determination of the type of poison in the patch.

Regarding the other part of your question, I would need more facts. Did the person who was poisoned by the patch die? Was s/he permanently damaged (brain or physical) by the poison in the patch? Where did you get the patches? Please provide more facts.

Thank you.
Customer: replied 1 year ago.


I am not sure if the person died but i think they may have been hurt. I got them from a family member who no longer used them

Customer: replied 1 year ago.


I am not sure if the person died but i think they may have been hurt. I got them from a family member who no longer used them. i have a feeling there was physical damage

Expert:  xavierjd replied 1 year ago.
Hi,

Your question is VERY fact specific. And, as such, I cannot predict what crime, if any, that you may be charged with.

The above being said, it is possible that you that you would be charged with a Class C felony (sale and/or possession of a controlled substance).

Could you be charged as an accessory to a crime? Yes. But, being charged with a crime is much different than being convicted of a crime.

To be convicted of an accessory charge, the accused must generally be proved to have had actual knowledge that a crime was going to be, or had been, committed. Furthermore, there must be proof that the accessory knew that his or her action, or inaction, was helping the criminals commit the crime, or evade detection, or escape. A person who unknowingly houses a person who has just committed a crime, for instance, may not be charged with an accessory offense because they did not have knowledge of the crime.

 

If you had NO actual knowledge that the patches would be altered with poison, then it is possible that you could only be charged with possession and/or sale of a controlled substance. I provided the penalties in my previous answer.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 


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