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What might be the outcome of my fiancé's drug possession charges? And is it good/bad/common for a trial, on drug poss charges?

Sarasota, FL |

My fiancé has a very lengthy record; (mostly) directly & (some) indirectly related to drug possession. *no trafficking. He has done DOC time-13 months. He ended up going back to jail again on more drug possession and smuggle contraband. (He wasn't searched until he was brought into the jail-then charged). He has a docket sounding next month & then a few weeks later a trial scheduled. He only has a public defender. As it stands now, he's served 5 months of the 11/29 for the other charges. His P D told him, she'd try to get one of the charges dropped. What do you think his outcome might be? More DOC time:( ? I never knew that drug possession charges could go to trial! Worried and curious! Any insight would be greatly appreciated!

Attorney Answers 4


Drug charges go to trial very often. Given what you describe as his lengthy criminal record, I would imagine he will go to prison If convicted. I have heard many judges say they don't go backwards so if he got prison once before he will likely get it again.

My firm handles these matters and offers free case consultations. Have a good rest of the weekend.

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

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It will be important to understand his score sheet. Often times, we review the discovery and weigh our options of going to trial versus the possible outcome. The score sheet uses a formula that the judges are supposed to follow for sentencing and can tell us if he's looking at minimum mandatory time if convicted. You'll want to talk to a defense attorney on avvo. I offer a free consultation and can see him in jail if you decide to use my services. Thanks

Please understand that the following is not to be construed as legal advice. More information would be needed in order to make legal determinations on your legal matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed.

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A trial is not an uncommon occurrence on drug charges, especially when his "very lengthy" prior record likely has him scoring in the mandatory prison range. It is also common to have an attorney negotiate an appropriate sentence under the circumstances with the prosecutor. Fortunately, because drug charges do not usually involve a victim on the other side and if there is a documented history of drug addiction issues, prosecutors are more open to negotiation/departure on sentences. Every case has different factual/legal issues and a trial may be his best option, however it is the ultimate risk/reward situation, if things go well, he walks out, if they don't he'll likely be sentenced to a lengthy prison sentence. I would consult with an experienced criminal defense attorney to discuss his options.

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The final outcome will likely depend on the prosecutor, his record, the evidence, and your attorney. These cases often go to trial however they are also often resolved before trial. An experienced criminal defense attorney is the best way to ensure he obtains the best possible outcome. Good luck!

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