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Deferred Judgment is available if no prior felony conviction or prior conviction for possession of controlled substance.
Federal law provides for 1 year disqualification from federal financial aid eligibility.
180 days suspension of driving privileges. A temporary restricted license may be issued by order of the court.
Second Offense:
Deferred Judgment is not available
2 year disqualification from federal financial aid eligibility.
180 day suspension of driving privileges. A temporary restricted license may be issued by order of the court.
Third Offense
Deferred Judgment is not available
Indefinite disqualification from federal financial aid eligibility.
180 day suspension of driving privileges. A temporary restricted license may be issued by order of the court.
CONSPIRACYCONSPIRACY TO DELIVER OR MANUFACTURE A CONTROLLED SUBSTANCE AND POSSESSION OF A CONTROLLED SUBSTANCE WITH THE INTENT TO DELIVER“Delivery” or “deliver” means the actual, constructive, or attempted transfer of a substance from one person to another. This includes sharing.
The sentencing schemes for these offenses depend primarily on the controlled substance and weight of the substances involved.
“Super” Class B Felony:
Penalties: Imprisonment for not more than 50 years and a fine of not more than $1,000,000.00.
Methamphetamine exception. Probation is not an option for methamphetamine offense, prison sentence is mandatory.
Must serve a minimum of 1/3 of the 50 year sentence before being eligible for parole if sentenced to prison.
“Normal” Class B Felony:
Penalties: Imprisonment for not more than 25 years and a fine of not more than $100,000.00. Minimum fine of $5,000.
Methamphetamine exception. Probation is not an option for methamphetamine offense, prison sentence is mandatory.
Must serve a minimum of 1/3 of the 25 year sentence before being eligible for parole if sentenced to prison.
If defendant pleads guilty and “accepts responsibility” the court may reduce the mandatory minimum sentence by 1/3.
If the defendant “cooperates” by providing the State with useful information leading the charge, arrest and/or conviction of others the county attorney MAY recommend a reduction of the mandatory minimum by up to an additional 50%. It is up to the county attorney to make the recommendation. Defendant does not have a right to this reduction.
Class C Felony:
Penalties: Imprisonment for not more than 10 years and a fine of not more than $50,000.00. Minimum fine of $1,000.
Probation is an option for all first time offenses.
Methamphetamine exception. If conviction is a second or subsequent conviction, probation is not an option, prison is mandatory.
Must serve a minimum of 1/3 of the 10 year sentence before being eligible for parole if sentenced to prison unless the court waives the mandatory minimum on a first conviction and for mitigating circumstances.
If defendant pleads guilty and “accepts responsibility” the court may reduce the mandatory minimum sentence by 1/3.
If the defendant “cooperates” by providing the State with useful information leading the charge, arrest and/or conviction of others the county attorney MAY recommend a reduction of the mandatory minimum by up to an additional 50%. It is up to the county attorney to make the recommendation. Defendant does not have a right to this reduction.
Class D Felony:
Penalties: Imprisonment for not more than 5 years and a fine of not more than $7,500.00.
No mandatory sentences.
SENTENCING ENHANCEMENTSConspiracy to Manufacture Methamphetamine with Intent to Deliver to Minor and/or Delivery of Methamphetamine to a Minor: Imprisonment not to exceed 99 years and must serve a minimum of 10 years before being eligible for parole. Probation is not an option, prison is mandatory.
Second conviction is a Class A felony carrying mandatory life in prison without the possibility of parole.
Second or Subsequent Offender: Triple Enhancement. The Court exercising its discretion may sentence the defendant to a term in prison up to three times the original sentence. Probation is not an option and the defendant must still serve the mandatory 1/3 of the sentence imposed before being eligible for parole.
While in Immediate Possession of a Firearm: Mandatory doubling of sentence. Probation is not an option, prison is mandatory. Must serve mandatory 1/3 of sentence before being eligible for parole.
While in Possession of an Offensive Weapon: Mandatory tripling of sentence. Probation is not an option, prison is mandatory. Must serve mandatory 1/3 of sentence before being eligible for parole.
Manufacturing Methamphetamine In Presence of Minors: Mandatory additional 5 years to end of sentence.
1,000 Foot Rule: Potential additional 5 years to sentence.
Individual 18 years or older who manufactures or possesses with the intent to distribute controlled substances within 1,000 feet of:
A public or private elementary or secondary school;
Public park, public swimming pool;
Public recreation center; or
On a marked school bus may be sentenced to an additional 5 years.
ADDITIONAL CONSIDERATIONSDeferred Judgment is only available for First Offense Class C’s and below.
2 year disqualification from federal financial aid on first offense and indefinite disqualification for second offense.
180 day license suspension for all offenses. Temporary restricted license is available by order of the court.
DISCLAIMERThis is a summary of the most common drug related offenses to be used for informational purposes only and should not be construed as legal advice. Additionally, it should not be considered an all inclusive list of offenses and potential punishments. Seek competent legal counsel for advice on any legal matter. |
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