Friday, April 25, 2014

My first possession of a controlled substance under a gram a third degree felony enhanced to a second degree felony will I go to prison

Question

My first possession of a controlled substance under a gram a third degree felony enhanced to a second degree felony will I go to prison



Answer

Poss of a controlled substance under PG1 under a gram is a state jail felony. State law requires the court to give probation or deferred adjudication if there are no priors. Enhancement to the next level takes this to a Third degree felony.

Whether or not you will go to prison depends on you, the judge, your lawyer, the prosecutor and perhaps a jury.



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