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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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I was pulled over and found in my car was .7 grams of cocaine...

Customer Question

I was pulled over and found in my car was .7 grams of cocaine... I advised the officer that I am a bartender and was driving a patron home and that they are a known addict.. and that the item was not mine... I am now bonded out of jail and my hearing is today... So my question is... what can happen now and will they take my car from me?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 7 years ago.
Less than 15 grams is a Class 4 Felony which can carry up to a $25,000 fine and/or 1 to 3 Years in jail. It is possible they can attempt to seize the car but you will be put on notice if that is the intent. After the arrest and bond hearing, the case is usually scheduled for a preliminary hearing. In many counties this scheduling is a formality to keep the process moving. Although a hearing has been scheduled, it often does not take place, since the case is likely to be indicted by a grand jury. When someone is arrested and charged with a felony, if there has been a finding of probable cause at a preliminary hearing or an indictment, the case is then typically sent to the Chief Judge of the county. The Chief Judge then with a proscribed random process assigns the case to another judge in the county. This judge is the one who will be looking after the case as it now progresses toward one of three outcomes: a plea, a dismissal or a trial.
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Customer: replied 7 years ago.
My previous question was about a class 4 felony this is a first offense and was only .7 grams of cocaine how likely is it to get it thrown out?
Expert:  Daniel Solutions replied 7 years ago.
The charges may or may not be thrown out based upon the facts around the case. The police would need probable cause to stop the car and then there are issues surrounding the search of the car. You lawyer will be able to examin the stop and search to see if a suppression motion is appropriate.