Can You Get Probation For A Felony Drug Charge?

Does a felony guarantee jail time?

Most felony convictions carry heavy penalties such as several years in a state prison or county jail, a large fine or both in some cases.

When someone breaks a federal law, the case is tried at that level, and a convicted person will typically serve time in the national prison system versus a state prison..

Can a felony drug charge be reduced to a misdemeanor?

How Can a Felony Be Dropped to a Misdemeanor? A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime.

What drugs are considered a felony?

Under Health and Safety Code 11352, it is a felony to sell, furnish, administer, give away, transport, or import illegal narcotics into California….Sale or Transportation of a Controlled SubstanceCocaine.Heroin.Peyote.LSD.Prescribed drugs such as codeine, oxycodone, and hydrocodone.

What is the minimum sentence for a felony?

In general, felony offenses, whether state or federal, carry a minimum sentence of one year in prison. Federal felony crimes are divided into classes, with increasing maximum sentences based on the severity of the crime: Class “E” felonies are the least serious and carry penalties of up to three years in prison.

Is drug possession a misdemeanor or felony?

3. Weight limits are not specified, and drug possession is a misdemeanor crime for virtually all controlled substances. As shown in table 1, three of the five states have criminal history exclusions that make people eligible for a felony sentence or prison time if they have prior felony convictions.

What happens if you plead guilty to a felony?

While prosecutors stand in the way of a plea bargain, you always have the right to plead guilty or to fight for your exoneration at trial. … After pleading guilty to a felony, there is no turning back. You will have a felony conviction on your record, which can lead to a number of consequences.

Can you get probation for a felony charge?

Felony probation is a sentencing alternative to prison. It allows convicted felons to serve all or part of their sentence out of custody but under the supervision of a probation officer. Felony probation is also known as “formal probation.” Not all defendants qualify for probation.

Can you get probation for a felony drug charge in Texas?

If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.

Does a felony ever go away?

Felonies are the most serious, often violent, crimes. … When someone is convicted of a felony, the crime is deemed serious enough (and the trial thorough enough) that all felonies stay on your record permanently. This means landlords, employers, banks, and law enforcement can see any felony you’ve ever been convicted of.

What rights does a felon lose?

The rights of felons vary slightly from state to state; however, the most common are as follows:Possessing and purchasing a firearm.Voting.Jury duty.Traveling outside the country.Employment in certain professions.Parental rights.Public assistance and housing.

What is the sentence for felony drug possession?

As mentioned, felony charges, even first offense felony drug charges, will lead to serious criminal punishments. These will involve at least one year in prison and higher criminal fees. For instance, a possession felony drug conviction may result in 2 years in prison and a criminal fine of several thousand dollars.

What are some examples of felony crimes?

They are generally defined as crimes punishable by imprisonment of more than one year, and the prison sentences are usually served in a federal or state penitentiary rather than a county jail. Some examples of felonies include murder, rape, burglary, kidnapping and arson.

What is the mandatory minimum sentence for drug possession?

A mandatory minimum sentence is a minimum number of years, typically 5- or 10-years in prison, that must be served when a person is convicted of a particular crime. Mandatory minimum sentences for drug crimes are based on the amount of drugs involved.

Can you get probation for a first degree felony in Texas?

Is probation an option? Probation can be an option for certain first degree felony convictions in Texas. Probation is an alternative to serving time in jail. Some defendants convicted of first degree felonies can be put on probation rather than sent to prison.

Can a felony be dropped to a misdemeanor in Texas?

According to Tex. Penal Code § 12.44, a state jail felony can be reduced to a misdemeanor that results in no jail time. As a reminder: a conviction of a felony means you have a criminal record. … But unlike misdemeanors, as a convicted felon, you can also lose your right to vote and your right to own and use a firearm.

What makes a drug charge a felony?

Felony charges for drug possession often result when a defendant has possessed a particular illegal substance, or any illegal possession of a certain quantity of specified drugs. For example, in most states, possessing any amount of heroin (a Schedule I substance) is a felony.

Can you be convicted of a felony and not go to jail?

California Felony Sentences California law authorizes the court to impose a sentence for a felony conviction. … Some California felony convictions authorize the judge to sentence the defendant to jail, but not prison, if the judge does not place the defendant on probation.

Do first time felony offenders go to jail?

Some crimes have a jail sentence no matter what. … First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don’t have to serve the jail time as long as you do your probation and pay the fines.