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legalgems
legalgems, Lawyer
Category: Criminal Law
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1st offense of cocaine possession with no criminal record

Customer Question

1st offense of cocaine possession with no criminal record little less than a gram. What trouble will I get in nh
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: New Hampshire
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Customer: Have not
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Customer: That's about it
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Customer: What would be the Consequence
Submitted: 11 months ago.
Category: Criminal Law
Expert:  legalgems replied 11 months ago.

I am sorry to hear this;

Possession of cocaine is considered a class B felony and is in violation of this statute:

http://www.gencourt.state.nh.us/rsa/html/XXX/318-B/318-B-2.htm

Here is the statute re: penalties: http://www.gencourt.state.nh.us/rsa/html/XXX/318-B/318-B-26.htm

Basically for the smallest offense, the court is allowed to sentence up to 3 years in jail and/or a fine of $25,000 maximum. Depending on the quantity the penalties goes up.

if one is under the age of 21, the court may suspend driving privileges.

It is very important to hire a criminal attorney, particularly one that deals mainly with drug offenses. Since there is no mandatory minimum, the attorney can work with the prosecutor to work out a plea bargain that involves substance abuse counseling, community service, therapy and fines in lieu of jail time.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 11 months ago.

If one is accused of intent to sell, that is where things go downhill (and this can be determined based on the quantity. Any person who manufactures, sells, prescribes, administers, or transports, or possesses with intent to sell, dispense, or compound any controlled drug, controlled drug analog or any preparation containing a controlled drug, except as authorized in this chapter; or manufactures, sells, or transports, or possesses with intent to sell, dispense, compound, package or repackage (1) any substance which he represents to be a controlled drug, or controlled drug analog, or (2) any preparation containing a substance which he represents to be a controlled drug, or controlled drug analog, shall be subjected to the following penalties:

less than 1/2 ounce: Not more than 7 years, fine of not more than $100,000, or both.

less than 5 oz: Not more than 20 years, fine of not more than $300,000, or both.

5 oz or more: Not more than 30 years, fine of not more than $500,000, or both.