If you get charged for possession of nitrous oxide what are the chances of getting jail time?

Asked almost 2 years ago - Whittier, CA

I got pulled over with a nitrous oxide tank in the back seat with balloons. What conciquences am I facing?

Attorney answers (3)

  1. John M. Kaman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . See CA PC 381b which makes possession of nitrous oxide with intent to inhale a misdemeanor. That could mean a maximum sentence of a year in county jail. It is possible you will be offered some form of diversion or a drug program. It is not likely that you will receive the maximum sentence.

  2. Seth Andrew Weinstein

    Contributor Level 15

    3

    Lawyers agree

    Answered . It is a misdemeanor. I believe it is a one year county jail sentence as a maximum. You likely have a pretty good defense to this charge if you had a legitimate purpose. Give me a call to discuss this case.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  3. Brian Russell Michaels

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree with the first lawyer. Of course if you have priors or other arrests its possible the DA may come at you with jail time. By itself its a straight misdemeanor. Also, it helps to know if you are in LA County. If you are worried about jail time, if you are in LA County your chances are slim. If you would like a more detailed consult we do a free one hour phone consult.

    Brian Michaels
    www.socalcrimdefense.com
    3109919179

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