A family member has been convicted of a non-violent crime such as possession of stolen property about 9 years ago. He just got convicted of possession and distribution of a pretty small amount of marijuana. I'm trying to find out if thecharges can be considered 1st offense since he's never had a drug charge before?

Depends on the State - in NY, yes, he has a previous record. It's not broken down by the type of prior offense.

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Originally Posted by Celestial1

I'm trying to find out if the charges can be considered 1st offense since he's never had a drug charge before?

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Hello C:

Nahhh, he's a second offender. But since it's sooo long ago, it shouldn't effect his sentence. Most states have sentencing guidelines that prevent something that old from coming into play. That is, unless you live in Oklahoma. They HATE potheads there.

excon

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Originally Posted by excon

Hello C:

Nahhh, he's a second offender. But since it's sooo long ago, it shouldn't effect his sentence. Most states have sentencing guidelines that prevent something that old from coming into play. That is, unless you live in Oklahoma. They HATE potheads there.

excon

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No,not Oklahoma we're in Louisiana. I know they have a 10 year "wash out" for priors but I was hoping the fact that he's never had a drug charge might work in his favor? The state has "guidelines" for the sentencing (5-30 years) but no mandatory minimum. So that means the sentence would be at Judge's discretion.. right?

Hello again, C:

Let's hope.

excon

All crimes stay on your record forever, there is no "drop off"

First offender is just that ( first offense, not second)