A defendant's criminal history generally will have an impact on what the prosecutor wants to do in a new case.
And, understand that possession with intent to deliver a penalty group #1 controlled substance between 4 and 200 grams is a first degree felony. Very serious. Penalty range is from 5 to 99 years or life in prison and up to a $10,000 fine.
If the prior theft was a felony, that makes matters worse in the mind of a prosecutor, and a TDC offer would be generally be coming from the DA.
So, what should be done? Get a good criminal defense lawyer now. Sometimes, but by no means always, a good criminal defense lawyer can persuade the DA to go easy on a defendant. Depends on the details of the defendant's situation.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
If his prior theft was a state jail felony, this won't affect his current case. His current drug charge is a first degree felony so he will need to hire a criminal defense attorney.
Best of Luck!
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