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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27742
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a? . My friend has already been charged w a 6th degree

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I have a? . My friend has already been charged w a 6th degree larceny back in 2012 and a few days ago she was pulled over and had her grandson in the car,anyways she was charged w possession of narcotics narcotics, controlled substance w in 1500 ft of school,risk of injury to a minor . The last charge wr couldn't make out on police paper,but it looked like nonst dnt drgs.please tell me whatt u think in ur opinion if she may do any time,she had 7bags of dope,would they put u on probation or jail. She has no priors other then what I told u and this is the state of CT! Please help me w some type of answer as to this is a very good friend of mine!
Hi Jacustomer,

6th degree larceny is only a misdmeanor, so with even a possessory felony offense, probation is usually available as a plea option and sometimes someone with a drug problem can even get a special form of probation which would include treatment and the possibility of getting the offense off of his record after successful completion of the program.

That said, it's been my experience that the state is not interested in giving a probation opportunity to someone when drugs are found him on or near school ground.

Your friend is going to need a lawyer and, depending upon the facts may be able to get a probation deal. For example, if he was actually on school grounds at a time when kids would be present, incarceration is likely. But if it was not school hours, he or she was not actually on school premises, the State Attorney may be willng to reduce the charge to a straight felony possssion, at which point probation would be negotiable.
Customer: replied 4 years ago.
U obviously didn't understand what I was saying. That was in the past . The 6th degree charge. This drug stuff is a couple days ago,nor did u answer anything correctly.please take ur time and read through this as this isn't a joke.thanks
Customer: replied 4 years ago. truly sorry,as I have read ur statement,i am the clown here who overlooked it,and now I see u gave a full explanation of what could happen,so appreciate it in the least,so thanks again. I guess u r correct she may need an atty if probation isnt a ? My last ? Is u mentioned if school was in session or not? Well what could be the outcome if it is or isnt?
Hello Ashley.

Thank you for rereading this. I did know I wasn't dealing with a larceny. I am sorry if my wording may have confused you.

She was pulled over in the car, so I'm assuming that the car was moving when she was stopped and that she wasn't just sitting outside of the school in the car. If they just happened to stop her within 1500' of the school, the facts would break in her favor as it's not her fault where the police chose to pull her over. Then the time of the incident and whether it was school hours or not should not be an insurmoutable problem.

SHe should always have an attorney on a criminal case, because even probation could give her a criminal record for the rest of her life, while a lawyer would be looking out for her record and her rights.

As far as school being in session, if she's on school grounds with drugs, the worst case scenario would be that the school was open and in session. In CT, possession near a probibited location has a 3 year statutory minimum.

If the school were closed for the summer and nobody was there, the facts are more favorable to her. In this last circumstance, I have been able to negotiate a reduction and a probation offer for many of my clients.
Customer: replied 4 years ago.
so u think maybe she mah b lucky enough to get probation,and if not they could.send her to jail for up to how long? The 7 bags can she say it was for personal use? They.dont seem to understand I used to know.someone who.did 4 bundles a day by themselves,so its crazy when a judge thinks differently!

In Connecticut either the possession or the possession with the intent to sell near a prohibited place would have the same mandatory three-year minimum. So although she could have them for her personal use, it would not appear to make a difference on a "school case."

It's all going to come down to the specific facts surrounding the stop and to how well her attorney can plea bargain.
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