i was kinda pulled over and the police sreached the and they found some drugs under the seat on the passnger side i was in the back behind the driver this is not my first felony its my 4th (well 3 drug felony)
What you should expect depends on your state’s laws, your prior criminal history if any and any enhancements that might be charged in your case. Only an attorney from your state can give you a ball park answer but no one can tell you at the outset what your maximum exposure is. Discuss it with an attorney from your state or if you can’t afford one then your court appointed public defender.
While the third degree is a felony, it does not sound like a very strong case. Juries are conservative about
convicting everyone in the car for drugs, which are hidden under a seat. Especially if you are not the owner of the car. So it sounds defendable.
Under the Penal Law of New York State, if you have a prior felony within ten years, you would be a predicate felony offender. If you had two prior felonies and went "upstate" on each you might be a discretionary persistent felony offender facing a potential life term. If you have a prior "violent" felony as defined by law, your sentence could be enhanced. If you are merely a predicate felon, and if you were convicted by plea or trial of the B felony of criminal posseesion of a crontrolled substance in the third degree, the Court could sentence you to between 2 and 12 years to be followed by 1.5 to 3 years post release supervision. Bear in mind that there is a presumption that drugs in a car are presumed to be possessed by everyone in the car (unless they are on someone's person) although that is a "permissive" presumption--not conclusive. You do need a good lawyer to defend your case,
