How Do You Fight A Felony Charge?

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..

How long do felony trials last?

How long does a felony trial take? The length of a felony trial depends on the nature of the case. Generally, felony cases take between two months and one year to complete.

Do first time felony offenders go to jail?

Felony crimes are punishable by prison time and sometimes a fine. … For example, many misdemeanors can come with up to one year of jail time. First-time offenders, however, often get their entire jail sentence suspended, meaning they serve no time in jail.

Is 5th degree drug possession a felony?

As a felony-level drug offense, fifth degree possession or sale of is punishable by up to five years in prison and a $10,000 fine. However, with the assistance of an experienced drug crime defense lawyer, first-time offenders are very rarely sentenced to prison.

How much do lawyers charge for drug cases?

Lawyer fee for a person charged with a drug case. A defendant charged with misdemeanor that goes to trial should look to pay a legal fee of $2,000 to $3,000. an attorney may want an advance of around $2,500 and $1,000 per day of trial in a felony case.

Can felony charges be reduced?

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. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

Do drug charges ever get dropped?

Some jurisdictions also offer diversion programs that allow those caught with small amounts of drugs to do some form of rehabilitation, pay fines and court costs, and upon successful completion of all obligations the charges are dropped and there is no conviction recorded against the individual’s record.

Can a felon get his right to bear arms back?

Under federal law, people with felony convictions forfeit their right to bear arms. … In some, restoration is automatic for nonviolent felons as soon as they complete their sentences. In others, the decision is left up to judges, but the standards are generally vague, the process often perfunctory.

What can a felon not do?

This is not a comprehensive list.Right to Bear Arms. Most states remove your right to bear arms or severely restrict it after a felony conviction. … Right to Vote. … Right to Travel Abroad. … Other Political Rights. … Parental Rights. … Loss of Benefit Programs. … Employee Discrimination.

How bad is a felony?

A felony is the most serious type of crime. … Typically, though a sentence of more than one year that will be served in a state or federal prison will be considered a felony. As with misdemeanors, Federal law breaks down classifications for felonies using sentencing guidelines by the amount of prison time.

Are judges lenient on first time offenders?

For both types of offenders, the judge or jury will usually incur greater penalties when the victim of the crime suffers injury. … For a first offender, he or she may see some leniency if there was no intent to cause the injury.

How do you beat a felony drug charge?

The following are some examples of defenses that could help you beat your drug charges:The drugs weren’t yours, and you were unaware that they were in your possession.Someone set you up.The lab made errors.The police did not follow proper procedures.You were illegally searched.

Do first time drug offenders go to jail?

For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail.

Do felonies go away after 7 years?

Expunging a Felony Given that felonies will show up on your record for seven years when a background check is run, there is only one way to keep criminal convictions from showing up. … Most common crimes can be expunged. Many states do not allow violent felony offenders to expunge their records.

Does a felony ever go away?

Does a Felony Ever Go Away? A felony charge will stay on your record for life. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below).

Does a felony automatically mean jail time?

A felony conviction, like a misdemeanor conviction, may not result in time behind bars. But felonies carry potential imprisonment that ranges from time in prison (a year is often the low end) to life in prison without parole or even death. As with misdemeanors, states may also subdivide felonies by class or degree.

Is it better to take a plea or go to trial?

Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.

How do you avoid jail time for a felony?

California Probation for Felonies Judges are allowed to impose probation for most California felonies. Probation is a common way of avoiding a sentence. Defendants who receive probation remain in the community, although a term of jail confinement is sometimes imposed as a condition of probation.