my son was just busted for selling 3 bundles of heroin to a cop. what kind of jail time is he looking at doing.it happened in the burbs of philly. anyone with some informed info would be appreciated.
Criminal Defense Attorney
Many questions like these are posted on Avvo.com, and are respectfully almost impossible to answer. A recitation of statutory ranges for each type of offense can have no correlation to the sentence that the Court will impose, since it is not a negotiated plea with a stipulated sentence. Sentencing depends on the Court's balancing of a wide range of aggravating and mitigating sentencing factors (such as prior arrest record - not just felonies, both adult and juvenile; prior conviction record - not just felonies, both adult and juvenile; the facts of the present case; and, the victim impact statement). These and the other sentencing factors can result in the maximum sentence allowed by both the charges for which a person has been convicted, to include applicable extended term provisions, and consecutive sentencing; or, the imposition of a probationary term. Discuss these factors, and the possible sentencing range with his lawyer to determine what the probable sentence can be, which will still be a guess, but based on an analysis of the entire set of circumstances that can impact a sentence. Good luck.
DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your state has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.
The above posters are correct that there are many many variables that determine the potential sentence for any crime. Since your son was arrested for selling heroin. I would suspect that he has been charged wiht 35 P.S.113(a)(30), Possesion of Heroin with intent to deliver ( PWID). Sentencing is Pennsylvania is governed by the PA Sentencing Guidlines. The guide lines take several things in to account when setting a range for sentences.
The first is obviously the crime and the grading.PWID of Heroin in PA is a Felony. In your son's case the next issue will be the weight of the heroin recovered. The facts of each crime including the weight determine the offense Gravity Score (OGS) and Prior Record Score (PRS). The PRS only comes into play if the defendant has a prior conviction. The PRS then can boost the potential sentence. So for PWID for heroin the lowest OGS is 6 for less than one gram the OGS goes up 5 levels from there depending upon weight to 13. So for example a conviction of a crime with an OGS of 6 and PRS of 0 would translate into a Level 3 offense punishable by upto 12 months incarceration plus potential fines and costs ( PA does not give flat sentences of say 4 months the sentence is a range for example 4 to 8 months 4 being the date on which the defendant is eligible for parole and 8 being the max he can serve. The min cannot be more than half of the max. On the high end of PWID with a PRS of 13 and a PRS of 0 would expose the defendant to a sentence of upto 78 months. Of course certain weights carry mandetory mininum sentences. The sentences can be increased or decreased by Aggrevating or Mitigating circumstances.
So as the above posters have told you there are too many variables to give you any meaningful advice as to " what will happen" That again is best left up to your sons attorney to adivse him on. For example when you say bundles we have no idea about the total wight of the bundlesThere are several other things that you son can do to help himself that are not in the guidlines and those are best discussed with experienced criminal defense counsel.
It looks like you are in Delaware County from your post. The Delaware County DA can be pretty tough on these cases and it is important to involve competent counsel as soon as your son is able.
Best Of Luck!