Dothan, AL asked in Criminal Law for Georgia

Q: If an inmate has 3 charges for distribution of a controlled substance 1 count of violation of RICO act.

Also 1 count probation violation. How much prison time can they get if convicted? And what are they being accused of?

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1 Lawyer Answer
Robbie Levin
Robbie Levin
Answered
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: The sentencing range for the the charges of Possession with Intent to Distribute depend on the type of controlled substance we are talking about.

RICO stands for Racketeer Influenced and Corrupt Organizations. Under the Georgia version of this Act, it is unlawful for any person through a pattern of racketeering activity to acquire or maintain any interest in or control of any type of property or business. A conviction under Georgia’s RICO statute will result in a 5- to 20-year sentence, a fine, or both.

Predicate crimes that fall under this Act (and may be used to show a “pattern” of unlawful conduct) include the following: drug offenses, homicide, bodily injury, arson, burglary, forgery, theft, robbery, prostitution and pandering, distributing obscene materials, bribery, influencing witnesses, tampering with witnesses or victims, intimidation of a juror or court officer, perjury, tampering with evidence, commercial gambling, certain firearm offenses, illegally reproducing copyrighted material, various securities violations, certain credit card crimes, certain crimes involving titles, destroying or misrepresenting identification numbers, possessing automobile parts with missing identification features, various computer crimes, kidnapping, false imprisonment, terroristic threats, motor vehicle and aircraft hijacking, insurance fraud, usurious payday loans, deceptive commercial e-mail, and residential mortgage fraud.

As for the probation violation, it depends on how much time is remaining on his probation, the type of probation, they type of violation, and other factors.

For more information, visit my website at www.LevinLawyerGa.com

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