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22 yrs old, no prior arrests, college graduate. Had 38 Ecstasy

Capsules (Pure/Raw form - MDMA...
22 yrs old, no prior arrests, college graduate. Had 38 Ecstasy Capsules (Pure/Raw form - MDMA or aka Molly) filled with vitamin c and each capsule contained 0.2g of mdma. Parents found them in household and called the police and turned them over to them. I was present at the time and police questioned me. My parents told the police that it was mine/ found in my room. I have yet to be arrested or charged. Curious on what charges i should be expecting/possible time in jail i may be facing.
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Answered in 13 minutes by:
6/3/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Hello,

Thank you for the information and your question. This is a very serious issue and it is unfortunate that you gave a statement to the police. That said, you should immediately contact a local criminal defense attorney who may be able to assist you in getting the charge either dismissed or reduced. As it stands now, this can be charged as a Class 1 Felony and carries with it a potential sentence of 6-30 years in prison and not eligible for probation. So, very important to get a criminal defense attorney as soon as possible. The truth is that they will likely be successful with at least reducing the charge and the sentence, but you should take this very serious. If you cannot afford an attorney, then if and when you are charged, you will want to ask the court to appoint one for you at your arraingment.

You can see the statute that applies to this issue at: 720 ILCS 570/402.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Customer reply replied 4 years ago
Should I be expecting any charge for intent to distribute and how will that effect charge? I am currently awaiting a possible warrant I'd expect at this time. Is there any way to prevent thr warrant and set up a scheduled "turn-in" through a lawyer and the DA? I'm worried about losing my job if I walk out in handcuffs...
Hello again and thank you for your reply. You didn't indicate that you or your parents might have indicated to the police that you were selling these, but yes, that does complicate the issue quite a bit. That could actually also be charged as a separate count and therefore the punishment could double up. As a practical matter, usually any jail time is concurrent, which means you don't spend twice as much time in jail, but instead the sentences for the two charges run as once. However, these are all things you need to speak to your attorney about.

Unfortunately, there is no way to avoid the issuance of a warrant, since that is how a criminal charge is issued. However, there is a way to avoid being picked up at work, and that is to have your attorney contact the police and DA ahead of time and ask them to give your attorney a courtesy call when a warrant is issued so that you can turn yourself in.
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the legal answer I provided to you on the 3rd. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
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