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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4829
Experience:  Experienced in state and federal criminal litigation.
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Can criminal law attorneys (Prosecutors) give an individual,

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Can criminal law attorneys (Prosecutors) give an individual, who has been arrested on drug charges and had a substantial amount of Cocaine in their posession (dealt cocaine). Knew a number of drug dealers in the local area, a sentence of life without parole just because the individual refuses to give up the location of the drug dealers in the local area and the location of those who supplied the cocaine for them to sell?

TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

Could you explain the situation a little further?

Customer:

I understand, you would like me to explain the situation a little further. Can you tell me, what you need to know to be able to answer my question.

TexCrimLawyer, J.D. :

Can you tell me more about the facts of the case? Did the person have any criminal history? What was the amount of drugs?

Customer:

To the best of my knowledge this individual did not have any criminal history prior to their arrest. The individual was turned into the authroities, had 300,000.00 dollars in his possession, unaware that the individual turned him in to the authorities and had shipped all of the cocaine down to the station, he then went back to Florida and got another $300,000.oo in Cocaine. So altogether, he would have been charged with having 600,000 dollars in Cocaine. Theresa were other charges, but none of those charges would get an individual a life sentence.

TexCrimLawyer, J.D. :

Thanks for the info.

TexCrimLawyer, J.D. :

That is a very large amount of cocaine, probably somewhere in the 15-20 kilo range.

Customer:

I will take a moment here to add that, the year of arrest was 1991

TexCrimLawyer, J.D. :

One thing to remember is that a prosecutor does not give the sentence, the judge does. The judge may take a recommendation from the prosecutor, but he is in no way bound by it.

TexCrimLawyer, J.D. :

So, the real question is whether a judge can sentence someone to life on the facts you have described.

TexCrimLawyer, J.D. :

The answer to that question is yes, the judge can. The defendant can always appeal his sentence (although, if he hasn't done so already, it is too late considering the conviction was in 1991).

Customer:

I will also add, I do not believe this could get a person a life sentence for the following but it may be taken into consideration. This individual threatened to take the life of the child of the individual, who turned him in if the individual failed to obey his orders.

TexCrimLawyer, J.D. :

The judge can take all sorts of circumstances in to consideration when determining an appropriate sentence, not just the facts that led to the arrest.

TexCrimLawyer, J.D. :

The question of whether what this person did SHOULD result in a life sentence is a different question than whether they COULD.

TexCrimLawyer, J.D. :

Ultimately, what you, me, or the person charged think about that is not relevant. What is relevant is what the judge at the time thought. So, should it be a life sentence? Probably not. Could it result in a life sentence? Yes.

Customer:

I understand, thank you! I appreciate your honesty! I agree with you last comment. Thank you for your help!

TexCrimLawyer, J.D. :

Glad to help. If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck.

Customer:

Thanks for your help. I will let you go and help another customer now! Have a good evening!

TexCrimLawyer, J.D. :

You too!

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