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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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My car was parked after I had an accident the police looked

Customer Question

My car was parked after I had an accident the police looked in my car and saw a small bag of cocaine on the seat they came to my house and I was later arrested. Then I was released what kind of trouble am I in?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 3 months ago.

Good afternoon Darlene:

My name is ***** ***** I would be happy to provide general information regarding your question.

Do you know if you have already been charged/will be charged?

Customer: replied 3 months ago.
I was charged and arrested then released
I have to appear in court next week
What should I expect I also got ticket for leaving the scene of an accident
Expert:  Legal-Kal replied 3 months ago.

Ok, thanks for that information. Please give me a few moments to type out a thorough response.

Expert:  Legal-Kal replied 3 months ago.

So, most likely, the offense you have been charged with is Possession of a Dangerous Controlled Substance. Assuming the amount is minimal, the offense would be a third degree felony.

Third degree felonies are punishable by jail time of 3 to 5 years and a fine of up to $15,000. However, the key term here is punishable ( this means that the law allows jail time, but is not required).

In fact, for first time "small amount" offenses, there is a presumption that probation is the best outcome. Probation would be an alternative to jail time. Also, again depending on the circumstances, it may be possible to reach an agreement with prosecutors for a plea deal that involves a pre-trial diversion or deferred prosecution outcome.

Pre-trial diversion/deferred prosecution programs are generally reserved for first time offenders. The program consists of a period in which a person must comply with certain court requirements (i.e., paying any fines/fees, staying out of trouble, completing drug classes, community service, refraining from the use of controlled substances, etc). At the end of the pre-trial period, if all requirements are met, the Court will dismiss the charges. The key distinction between these programs and probation is that probation constitutes a conviction on a person's record, while pre-trial diversion does not constitute a conviction.

So, in essence, while the offense is punishable by jail time, for most first time offenders with small amount of controlled substances, the outcome is usually probation or a pre-trial diversion which allows the person to avoid jail time and possibly avoid a formal conviction on their record.

Any questions based on this?

Expert:  Legal-Kal replied 3 months ago.

I see you have read my response!

If you have questions on this, please ask.

If you would like me to answer your question regarding leaving the scene of an accident, please let me know and I can do so.

If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information regarding questions until the individual clicks ACCEPT and rates the assistance with three stars or higher. Your cooperation in this regard would be appreciated!

Thank you!

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Expert:  Legal-Kal replied 3 months ago.

I see you have read my response. If you have questions based on this, please ask.

If not, please remember that experts here provide general information and assist individuals not as a hobby, but as their source of income. With this in mind, please remember to comply with the terms of services agreed upon and click ACCEPT and rate the assistance provided as that is the only way experts can be credited for assisting individuals.

Expert:  Legal-Kal replied 3 months ago.

Hello:

It has been some time since the response to your question.

Please remember that (if you have no follow-up questions you would like me to answer), that experts here are credited ONLY when the individual clicks accepts and rates the assistance with three stars or higher.

I’d appreciate your cooperation in this regard.

Expert:  Legal-Kal replied 3 months ago.

Any chance for a positive rating? I'd appreciate it! Thanks again.

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