My younger brother is going to court in IL. They're accusing him of felony possession of >25 individually wrapped pieces of crack cocaine which is amounting to >4 grams (just to give you an idea, the actual numbers are larger than this). This is his first offense ever. Think he'd get probation, or is he definitely going to jail?
Update:For the record, if this changes anything, he is only being charged with possession and not possession with intent to distribute..unless between the preliminary hearing and the actual hearing they can add another charge. But thanks for your answers.
Verified answer
25 wrapped cocaine is possession with intent to deliver PERIOD
there is no way he is going to be charged with felony possession and not intent with 25 pieces . if convicted his butt will be doing some time , i can guarantee you that
Jail; here's a sample arrest.
· (Class Super X Felony) Possession of controlled Substance with intent to deliver. Arrested 3/8/01 during a traffic stop near Swift Rd. and Lake St. Posted 10 percent of $100,000 bond on 4/4/01. He is awaiting his next court date.
A Class 1 Felony carries a sentence of 4 to 30 years in prison. A Class X felony carries 6 to 30 years in prison. A Class Super X carries 9 to 40 years in prison.
Pursuant to a partial plea agreement, defendant M.I.D. pled guilty to unlawful possession with intent to deliver between 15 and 100 grams of a controlled substance (cocaine) (720 ILCS 570/401(a)(2)(A) (West 1998)). The court imposed a 12-year prison sentence and ordered defendant to pay a $500 reimbursement fee for the services of the public defender. Defendant appeals her sentence. Following our careful review of the record, we affirm in part and remand the cause for further proceedings.
http://www.romingerlegal.com/illinois/illinois_cou...
Probably get a small amount of jailtime unless the DA lets him plea down to a lesser charge.
Individually wrapped pieces amounts to intent to deal which is a worse charge than just possession. With a lawyer, he may be able to plea deal it down to simple possession. The lawyer is going to be expensive for a felony, let me warn you. They vary in price a lot, but I'd guess somewhere around $3k - $4k just for his services alone, not to mention a fine that they'll probably impose.
The initial charge might be possesion but they might shoot for possession with intent to sell and either way it is a felony charge. If he fights it out right he will do time. If the prosecuter is offering a deal you might want to tell him to consider taking it.
Okay, since it is Crack Cocaine it is a Federal offense - minimum jail time of 5 years mandatory. If he had a gun on him, it will be minimum jail time of 10 years mandatory.
You will want to talk to this law firm.
http://www.ryanandkavvadias.com/PracticePageWithFA...
Good luck!
yeah, individually wrapped crack = jail in most jurisdictions
the wrapping show intent to distribute, and the amount is way more than he could argue for personal use
Yeah, he's definitely going to jail. Not only is it possession, but it's possession with the intent to sell.
I hope he goes to jail. He obviously wasn't simply in possession, he intended to distribute - much more serious. Think of all the lives he is ruining by selling crack to people.
Lock him up!
If he grew to become into basically charged with a misdemeanor donning a hid weapon and that's his first brush with the regulation he in all probability won't get any lively time in reformatory. maximum in all probability he gets probation and could pay an outstanding. The gun would be ordered destroyed via the decide.
Jail. It will be okay though. Sometimes that's just what they need. My little brother (17) robbed two gas stations at gun point (8 years). Its really hard but I'm just glad he's alive because he was basically dead and on meth before.