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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25917
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My sons dad has had two possesions of thc chatges. How many

Customer Question

My sons dad has had two possesions of thc chatges. How many more before it gets to where he goes to prison or jail for a long time?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
My name is Zoey.
What was he sentenced with the first and second offense? Were these misdemeanors or felonies?
Customer: replied 1 year ago.
He had a felony I. Br got 60 days jail time. He was on probation for duid (6) and probation got extended and he had supervision. He also had to go to aoda and breathaluzers and uas that he didnt stick to
Customer: replied 1 year ago.
It seems to me that a second thc offense would next result in more jail time or id inagine prison. When he does that he usually has alot on him from what he has told me
Expert:  Zoey_ JD replied 1 year ago.
You are correct about the next offense involving more time. That's generally true. The stakes go up each time you commit a crime and the risk of prison becomes more and more real.
You also seem to realize that it can depend on how much he has on him. In your state, the first offense is a misdemeanor. Any amount thereafter is a felony. But a greater amount would make the prosecutor less likely to make a generous offer than a small amount.
He's also had a shot at probation which he could not complete, and he has done time in the past. If the probation was on the misdemeanor and this second offense is his first felony he may be eligible for something like Drug Court depending on the facts of the case. That's court mandated supervision along with a very intensive drug treatment program. But if he's already got one felony conviction, he's not eligible, and/or if he's already failed at misdemeanor probation, he's a poor risk to complete the program and the prosecutor may not offer it to him.
Customer: replied 1 year ago.
He was already at drug court and failed at that. He was on probation and that got completed but he was on a no drunk probation and still drank on it. He got a alternate to revocation. The probation agent was going to revoke me. Just was wondering with all I have told you if he will do prison nextime. He is sneaky when it comes to drugs. Whats scary is he gets his license back again soon and I know he will be drinking and driving. Well since he has been out of jail he has been drinking constantly and for days on end.
Expert:  Zoey_ JD replied 1 year ago.
Yes, I would think that next time, there's nothing left but jail. He's failed at drug court. He's violated probation. He can't get probation again in any case. There's nothing left but incarceration -- unless he wants to clean up his act.