My husband is charge with Code 221.30 FC C felony for criminal possession marijuana . How many years he will be in the jail? Is this possible if he can only get a probation instead of sentenced in jail ?
Nobody can answer your question with certainty. It depends on a number of factors like the strength of the evidence and prior criminal history. Speak directly to an experienced defense attorney and disclose all of the facts so they can give you an educated answer.
If you want to know what he is facing if convicted, I suggest you use Crimetime which can be found at:
Please keep in mind that the majority of criminal cases are resolved by pleas to reduced charges and there is also a possibility that the case has fatal flaws.
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More information is needed such as the facts, his criminal history, and what County the case is in.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It's hard to tell exactly how long because the post-rockafellar guidelines are all over the place. His lawyer will need to go over his criminal history in detail to be able to answer that question.
In any event, he must've had at least 10 pounds to get charged with a class C marijuana felony which makes incarceration a strong possibility. The DA will be thinking this guy is like super dopeman who smokes a pound in a single bound. You'll need a solid defense attorney to convince the DA otherwise. If you don't already have a lawyer, you should retain one before things get even worse than they already are.
Best of luck,
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