IS IT POSSIBILE TO HAVE CHARGES OF TRAFFICKING COCAINE (40gm) AND MAINTAINING A VEHICLE DWELLING REDUCED TO A LESSER CHARGE OR PROBATION?

I WAS STOPPED FOR A MINOR TRAFFIC VIOLATION. 2nd OFFENSE

Asked on June 30, 2009 under Criminal Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Anything is possible but is is likely?  Since you didn't give too many details it's hard to know.  Trafficking is a serious charge and this is your second offense.  Again, without more facts it's hard to say whether the charges can be reduced.  Even if for some reason they could be, in all likelihood considering that you have a prior conviction, you can expect some jail time.  Typically, probation for something like this is reserved for first-time offenders. 

For the cocaine charge alone, which is considered a Class G felony, for 40 grams you are looking at 35-42 months in prison plus a $50,000 fine.

You need to contact a criminal attorney in your area to advise you more fully on this.


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