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I recently sold to an undercover officer, being charged w manufact/deiver of controlled sub F2. What is going to happen to me?

This was my first offense and was wondering if I am going to prison or will qualify for probation. The amount of purchase was 3.5grams.

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Attorney answers (2)

Reputation Level 19
The short answer is, YES. Assuming you either plead guilty or take the case to trial and are convicted, you will be sentenced. Whether you get a prison sentence or just probation will depend upon a variety of facts, such as what statute the charge you either plead to / or are convicted under is. Depending on which statute, there may or may not be a mandatory period of parole ineligibility. If there is, then you go to prison. If there is not, your chances of getting probation improve. You need to talk to an experienced criminal defense lawyer admitted to practice law in TX before you go to Court, to discuss this and the other sentencing factors that can impact the disposition of the case. Good luck.

DISCLAIMER
This response does not constitute legal advice. Given the nature of this website, it does not create an attorney-client relationship. This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.
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Reputation Level 8
Depending on what jurisdiction your offense occurred, the district attorney's office will have policies that the trial prosecutors will follow. Example, the Tarrant County District Attorney’s Office policy for an offense involving deliveries of a controlled substance or possession with intent to deliver offenses is not to offer probation. The assistant district attorneys will offer a prison sentence as a plea bargain; the defense attorney can sometimes find a legal problem with the case that will encourage the prosecutor to be more reasonable in their offer and the prosecutor seek permission to make a probation offer.

If this is your first offense you will most likely be probation eligible, but based upon the office policy, the DA may not offer probation. Under those circumstances you will then need to go to trial to secure probation from either the judge or jury.

To more effectively aid you in reviewing your case, give my office a call to discuss your case.
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