[Tessy777]

My nephew is in trouble. It isn't the first time. He has done 6 moths jail for selling marijuana (actually a probation violation put him in the pokey). Several years later he got a F-3 for possession of cocaine and he did a year. Well, he was caught in Feb. with three other guys and charged with F-5 cultivation, f-5 trafficking, F-5 criminal tools. What is likely to be his sentence? His mother is worried sick. I already know he is a mess but my sister is the one that I feel for.

[excon]

Hello again, Tessy:

I know you've tried to give us some background, but there are many, many more factors that go into sentencing than just the few you've listed. Plus, lots of those factors won't even reveal themselves until well into the investigation and trial.

Just SOME of those factors are his age, his race, his family connections, his bank account, his co-defendants, his prosecutor, his judge, his lawyer, whether it's federal or state, and I'm sure there are dozens of others.

Therefore, all this goes to say, that I couldn't possibly tell you what could happen. He might get acquitted. He might get probation. He might get really slammed. It could run the gambit.

Having said all that, as noted above, there are some factors in your control. The largest of those is the quality of his lawyer and when he was hired. If he doesn't have one now, that's the best thing that can be done for him, and the more quick the better.

Unless of course, you just want him to throw himself on the mercy of the court. I hope you don't want him to do that.

excon

[Tessy777]

Well, he is white, 29, broke (one of the reason for selling) and he knows better! Thanks for explaining that to me. He does have an attorney and I am praying for the best possible outcome! Thanks again.

[Fr_Chuck]

I wish I could have some good news, for your Tessy, but just to be honest it does not sound good, I know it is hard when it is someone we love that gets into trouble.

But a good attorney may find fault in the search get all the evidence throw out and he walks away. The fact this is not an election year is really great news, they always make examples of someone to show they are tough on crime during election, and a white suspect selling and growing would be idea to use to show you treat everyone the same.

Now with the three others, often if they can use someone to testify against the others, they will make a better deal with the first one to agree to testify, so that is always a chance if the evidence has him dead to right on this.

But if he does not work out a deal, and they go after him hard 10 years would not be unheard of, esp since he already has a drug record of convictions. Now often it is not that much, but how much drugs there was, was there guns found when they did the search will go bad also.

[Tessy777]

Oh gosh! I hope it isn't 10 years, I hope it isn't 1 year. I guess we will find out next week, he goes to trial. I think his attorney has mentioned 5 years but even that is horrible. I know he deserves it, but I am going to keep praying for mercy. I will post what happened to him... when I know. Thanks.

[Fr_Chuck]

I am sorry, but around here and in GA where I was a police officer you will get more than one year for Possession with intent to sell if it is your
2nd felonly conviction.

And to be honest I think that the 5 year is being very hopeful.
If you go to trial, and he is found guilty at the sentencing hearing all of his priors will go into record and if he had two prior felonies, this is the third and many states have the three strike rule on felonies.

But if he is found guilty of growing and selling it will not go easy on him.
I am sorry, not what you are wanting to hear. Well let us know

[excon]

I know he deserves it,

Hello again, Tessy:

No he doesn't. It's marijuana.

excon

[Tessy777]

Hey there Mr. Excon,

I hear you... I meant as far as our justice system is concerned.