My Boyfriend got caught with Drug Parahnella and a Dangerous Drug Violation.. How much time will he do..

Asked over 3 years ago - Tucson, AZ

I know he is a meth user.. So I know it had to do with that.. and the Jail told me that they are Felonys..

Attorney answers (2)

  1. Timothy P Linnins

    Contributor Level 7

    Answered . If it was a first time offense and it was a personal use amount, a none. It's what is called a propostion 200 offense and he gets treatment and probation. If it is a second or third offense he could be sentenced to jail (a year on each count) or go to prison for 3 to 12.5 years.

  2. David Michael Cantor

    Pro

    Contributor Level 14

    Answered . Does he have any prior felony or drug offenses? This will make a difference in what type of sentence he is facing. If he has zero prior convictions (drug or otherwise) then he is protected under proposition 200 for the drug paraphernalia charge however possession of methamphetamine is not covered under prop 200. What proposition 200 says is that for a first time drug offense a person cannot get jail EXCEPT for when the drug they possess is methamphetamine.

    So, in reality, if this is his very first offense he will likely get TASC (which doesn't require jail.) If he has a non-felony drug prior or has already participated in TASC then he faces probation for up to 4 years with the possibility of one year in jail as a term of probation. Technically under the law he could get prison however if this is a first time felony offense the likelihood of that is extremely low. If he has any prior felony convictions then he faces a term in the department of corrections. The amount of time he could get would depend on how many prior felony offenses he has.

    Nothing in this web post constitutes legal advice. If you have a legal question please see my main site at more

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