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What is the best outcome and the worst out come that can happen to my brother in this case. Drug charges

Saint Petersburg, FL |

My brother was arrested on 12/2 for possession of cocaine w/ intent to sell, possession of Oxycodone w/ intent to sell, possession of Xanax w/ intent to sell, resisting arrest w/o violence, and possession of marijuana (MISD) on 12/7 he was arrested again possession of controlled substance (Xanax), and possession of controlled substance (CRACK COCAINE). I know we will need a lawyer any in St. Petersburg,FL and what is the best and worst outcome approximately.

Attorney Answers 5


  1. This is a hard question to asnswer as his sentence will depend on multiple factors. His prior criminal history, the facts of the case, the judge and the prosecutor among others. Short answer: His best case scenario is probation or even some of the charges getting dropped (depending on the facts). Worst case scenario: 15 years prison for each possession w/intent to sell, five years prison for each felony possession and one year jail for each mm for a total of 57 years prison! This assumes he is not currently on probation. You need to contact a local criminal defense lawyer at once to help your brother. Feel free to call my office at 727.286.6141 if you have any other questions.


  2. In order to have a possible "best" outcome you need to hire competent local legal counsel for your brother. If not the worst possible outcome will most definitely be a State Prison sentence of some kind. Look for local attorneys that are members of FACDL.


  3. It is impossible to answer your question without knowing many other factors, including his previous criminal background. Additionally, I would recommend he immediately consult with an attorney as you have indicated in your post. Once he has retained an attorney, they can consider the facts of the case, the maximum and minimum sentences of the charges and other similar facts. My firm offers free case consultations in matters like this. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions


  4. I agree with Mr. dorsten. I would add that in order to obtain the best outcome, it is crucial that you retain a local attorney immediately who will contact the State attny and attempt to convine them to not file the more severe pending charges.


  5. The maximum sentence permissible by law is 57 years of incarceration. That kind of sentence, or anything close is extremely unlikely. I haven't actually scored the charges out per the Florida Punishment Code but he may very well score prison.

    Now does that mean he goes to prison? Not necessarily. I just had a client plea today that scored 36 months in prison. Deposing the witnesses exposed some weaknesses in the State's case and the prosecutor made an offer acceptable to my client. Your brother may have great trial issues or motions that can keep the State's evidence from being admitted--if this is the case he may walk away "scot free".

    There are too many variables at play to give you any kind of definitive answer and there is too much at stake for your brother not to retain a skilled and experienced lawyer.

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