What are possible consequences for possession of a controlled substance, 3rd degree under NY criminal code

Asked almost 6 years ago - New York, NY

MY FRIENDS BOYFRIEND HAS A CRIMINAL POSSESION OF A CONTROLLED SUBSTANCE IN THE 3RD
B FELONY.
WHAT KIND OF TIME ARE THEY LOOKING AT?

Attorney answers (1)

  1. Oscar Michelen

    Contributor Level 16

    1

    Lawyer agrees

    Answered . These type of questions are always difficult to answer because so many factors play a role in the outcome of a case. Is there a defense? Did the police seize the evidence legally? Did the defendant confess? Does he have a prior record? How many sales are alleged? Are they to an undercover officer or observation sales? Is he eligible for the Willard Drug Program or Fortune Society or other alternative to jail programs. The legally correct answer is that there is no mandatory minimum jail time (he can get probation) up to a maximum of 25 years. All of the above factors and more will determine where in between he falls. Many defendants don't do any time for a B felony sale case if they have no significant prior record.

    DISCLAIMER- THIS CAN NOT AND DOES NOT TAKE THE PLACE OF LEGAL ADVICE> IT IS FOR INFORMATION PURPOSES ONLY. IT DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD CONSULT A QUALIFIED LOCAL PRACTITIONER IN YOUR AREA FOR LEGAL ADVICE.

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