Is prison plausible for a distribution of cocaine charge first offense?

Asked over 1 year ago - Sidney, NE

SIx months ago a confidential informant wore a wire on me and bought less than 1 gram of cocaine from me in a friends house which is within a 1,000 feet of a school. I was arrested and charged with a class ID felony 3 weeks ago and served 20 days in county before posting bail. Within 6 days of my arrest a plea was offered by the District Attorney for a class III felony. I know the minimums and maximums for each offense. But my question is; being as I just turned 20 the first of August and have no prior record, and am doing an in-patient rehab treatment before sentencing. Would a year in prison be plausible? Or am I looking a 6-9 months in county? I'm hoping for the 20 days in county and the time spent in rehab will count as time served and save me from prison.

Additional information

I did not denote that my case was just bound to district court and have plead not-guilty thus far. And I also note that I do have legal council (court appointed) but would like some reassurance as to how to plan my next couple of years.

Attorney answers (4)

  1. Tregg Robert Lunn

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . If you case was already bound over, then you certainly have your own counsel, appointed or hired. You should ask these questions to that counsel. If you have appointed counsel and are not satisfied with him or her, you are always free to hire your own attorney. Because of some of the language you used, I assume this is a state charge and not federal. The range of the class 3 felony is 1-20 years. I don't know the district judge there, but would guess that prison is a good possibility.

  2. Brendan Michael Kelly

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Prison is always possible, but with no history I would say unlikely. Hire your own attorney to help. Time is treatment is not counted but will count in your case.

    Most lawyers will give you a free consultation if you ask for one.
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes, the case requires a good counsel even if you may not receive a hard sentence due to the recent federal announcements (provided your case is federal).

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Stephen F Wallace

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If this was a Federal case you would fall under Holder's new memo. (see link).

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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