The idea is that seeing harsher punishments for repeat offenses will deter people from … This basically says that those accused of a drug charge for the first time … Virginia’s statute on the first offender diversion program for drug … Lawyers and citizens were frustrated that a person could keep a clean record after a felony cocaine charge but not after a $5.00 shoplifting charge. For instance, cases can be thrown out due to insufficient evidence, the way in which certain evidence was obtained (such as an unconstitutional search and seizure) or even the expiration of a crime's statute of limitations. In most states, there are three classes of felonies. Second degree felony convictions can result in fines of as much as $15,000. § 3607. If a person has been charged with a felony drug offense in North Carolina, he or she is facing serious consequences. A court can only move to convict if the evidence proves beyond a reasonable doubt that you are guilty, and an experienced attorney may be able to call your case into question on the grounds of the substance possessed, how much was possessed and even whether or not it belonged to you. • Many courts have "alternative" programs which allow persons accused of first offense theft offenses to attend a "shoplifters" course and do community work service and this may avoid a conviction on your record. You may also need to submit to random drug and alcohol tests, perform community service or attend a drug education and rehabilitation program. A felony drug charge does not have to mean automatic fines and jail time; work with a lawyer to approach your case wisely given the available evidence. • You have never been sentenced as a First Offender; Your charge is not Driving under the Influence (DUI); Your charge is not a serious crime committed against a law enforcement officer engaged in his duties; Your charge is not a serious violent felony (O.C.G.A. Penalties for a First Time Felony Conviction. Felonies can be punishable by substantial fines and prison time exceeding one year. Reach out to a skilled attorney to ensure that you receive the best possible outcome for your case. Depending on Degree of Felony. I opened up the Texas criminal law for John and showed him that the rules for how quickly you can get an arrest off of your record depend greatly upon the type of charge you have and how it was dismissed. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. So i got court coming up and my charges are B&E and larceny over 250 and i cant afford a lawyer. Drug charges are not necessarily felonies by nature; misdemeanor drug possession or distribution charges also exist. Schedule 1 and 2 substances include drugs like heroin, cocaine and morphine, and drugs that fall into these categories typically qualify for a felony charge. However, it would be reasonable to assume that you could get probation on a first time charge for simple possession. However, a felony drug charge does not have to mean significant punishments, and a lawyer skilled in representing drug crime cases will be able to ensure that you see the best possible result when you go to court. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Whether you need representation to reduce your penalties or even prove that the drug charges have been made in error, The Brown Firm is available to discuss your situation. It allows the offender to avoid the maximum sentence by complying with alternative sentencing guidelines ordered by the court. The Brown family has maintained a tradition of excellence as legal practitioners for more than 65 years. If you are facing a first criminal charge, read on to learn more about our state's First Offender Programs. REAL ESTATE AND CONTRACT LAW EXPERT, JOINS THE BROWN FIRM AS PARTNER. Conditional Discharge for First-Time Possession Charges & Offenders in New Jersey. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. You may need to download version 2.0 now from the Chrome Web Store. Possession of a small amount of a drug may constitute a misdemeanor, but possession of a large amount of drugs—even if they are lower on the schedule—could move the charges up to a felony. Class X may be a more serious version of other crimes that begin as a lower level charge, such as aggravated criminal sexual assault, while criminal sexual assault is a … Conditional discharge in New Jersey is a diversionary program in municipal court that exists for first-time drug offenders that may allow you to serve probation (of one to three years) and have charges against you dismissed, and, under certain circumstances, to keep your driving privileges. If that were to happen, the accused would be released from custody within two or three days without having to post bail. If you are convicted of a felony offense, even as a first time offender, it is important to know that you will face a prison term of at least one year (and potentially a much longer prison term). For first degree felonies, the maximum fine is $20,000. The representation of their clients demonstrates the ideal practice of law. The first call one should make after being hit with a felony charge is to an attorney’s office. When considering a defense against felony drug charges for first time offenders, a number of options are available. Additionally if this is simple possession as opposed to possession with intent to distribute, it is possible to get a conditionally discharged sentence. Felony Classes: Charges and Penalties. First-time felony offenders will get less severe punishment. August 17, 2020 by Christopher Brown, Esq. Well it is an easy question, most first time offenders get probation, unless it is a dangerous felony, such as murder, rape, etc… However, the probation officer that conducts the pre sentence investigation will document any concerns or liabilities. The Texas first time offender felony charge Act allows leniency on felony offenders. 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