I believe the charges you have listed here are considered to be offenses for which a judge may have the authority to probate a defendant (assuming Manufacturing Methamphetamine charge is a first offense). A judge, however, will consider the history, character, and condition of the defendant in determining whether she will be committed to the Department of Corrections or given the privilege of probation. Since the passage of HB 463, there has been a push to try to get drug offenders help within in the community rather than incarcerating them. For example, a first or second offense for Possession of a Controlled Substance, 1st Degree, carries a presumption of probation unless the prosecutor shows substantial and compelling reasons why the defendant is not amenable to community based treatment. Regardless, if she pleads guilty or is convicted, the question of whether she gets time to serve or probation will depend on the recommendation of the Commonwealth Attorney and ultimately the discretion of the Judge after consideration of her history, character, and condition.
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These are serious felony charges in your county. Burglary II is a Class C felony (5-10 years); child endangerment is a misdemeanor or felony (1-5 years) depending how charged; man. and poss. of meth is a felony; paraphernalia is a misdemeanor; meth precursor is a felony, Class D (1-5 years). All of these offenses carry fines, some up to $500.00, some up to $10,000.00, plus court costs of approx. $135.00. She needs the best criminal defense attorney in your area. I assume is in jail unable to make bond. If she cannot afford a private attorney, she needs to ask that a public defender be appointed at the next court date.
Depending on her prior criminal record, the prosecutor could ask for time to serve in prison. The meth problem in the Commonwealth is causing prosecutors and judges to look harder at probation or time to serve.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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