How investigators determine the elements of drug trafficking?
The elements of the crime of possession with intent to distribute or drug trafficking are: The exercise of control over the controlled substance; Knowledge that the substance was present; Knowledge that the substance was a narcotic drug, dangerous drug, prescription-only or other illegal drug; and.
How long do you go to jail for controlled substances?
Incarceration. Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state’s laws, but can range from a few days or weeks to 10 years or more in prison.
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 judges go easy on first time offenders?
One of the more important factor judges consider when sentencing is the defendants’ prior criminal histories. If you have a squeaky clean record and this was a first-time offense, the judge is much more likely to go easy on you. California sentencing guidelines typically override other factors.
How do you avoid jail time?
Generally, a defendant might avoid a prison sentence by:
- Preliminarily pleading guilty to the charged conduct.
- Attending alcohol and drug rehabilitation.
- Enrolling in job-training programs and obtaining beneficial employment.
- Engaging in community service.
- Getting mental health assistance.
Is it better to plead guilty or innocent?
You should definitely plead NOT GUILTY to your criminal or traffic charge! The criminal justice system is designed for you to plead “Not Guilty.” This is the case because in America you are considered innocent until the prosecutor can prove you guilty beyond a reasonable doubt.
Why plead not guilty when you are guilty?
By pleading not guilty, the criminal defendant buys time. This gives his or her defense lawyer the opportunity to review the case and to assert all possible defenses. The criminal defense lawyer may explain the defendant’s rights.
Can you refuse to enter plea?
Rarely, a defendant may refuse to plead when asked, either directly (“I withhold my plea”) or indirectly (by staying silent). If, after further prompting from the court, the defendant still enters an ambiguous guilty plea, the court will enter a not guilty plea on the defendant’s behalf.
What happens if you reject a plea deal?
When criminal defendants refuse to enter a plea in U.S. courts, the judge enters a plea of “not guilty” on their behalf and the case is set for trial. Criminal defendants attempt this ploy every once in a while. It doesn’t work. Judges have seen it before.
What happens if you don’t take a plea deal?
If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf. Someone who persistently refuses to plead may very well end up in trial, because a plea bargain is obviously out of the question.