I was part of a drug investigation in Garfield County, Colorado. They didn't have any controlled buys nor wire taps, but did get some money transfers and text message conversations off my phone, as well as put a tracking device on my vehicle. I was pulled over on my way home from picking up, and they found 22.6 grams of heroin in my vehicle. I was charged with 2 counts of distribution of a controlled substance. I do not have any priors on my record, whatsoever, and am 32 years old. Do I stand a fairly good chance of receiving probation, or will I serve time?
Your question is fair but incredibly difficult to answer. I might suggest you are thinking about it the wrong way. The plea offer is directly related to you and your attorney's ability to weaken the case through diligent investigation and to uncover reasons you are worthy of a break. Thus, much has to be done before any prediction about your outcome can be made. You need either a private attorney or a public defender to help you.
I agree with Mr. Luna. The charges against you are extremely serious, given the quantity of heroin found. However, the fact that you do not have any priors will be of great benefit to you at the time of sentencing, if you are convicted or plead.
There are many factors that go into the handling of a case such as yours. You absolutely must have appropriate legal representation to help get you through this. You need a lawyer who is knowledgeable and experienced in the practice of criminal law and drug cases, and who is familiar with the judges, law enforcement officers and probation personnel in the Roaring Fork Valley.
Most likely, attorneys cannot answer this question without knowing all of the relevant facts and circumstances. What you have written here in a few sentences is simply not enough of the information that any competent attorney needs in order to answer you. Get a criminal defense attorney who has decades of experience locally.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Can't make an accurate prediction at this point as it depends on many factors. However, your charges are serious with the potential for a harsh sentence. Having no priors can certainly prove beneficial. Your best option is to immediately consult with a local criminal attorney to review the details of your arrest in order to determine a defense strategy. Use the "find a lawyer" tab above.
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