Q: Is it true that a DF1 will not be sentenced to the mand. 8-yr min because only violent offenders go to jail due 2 covid?
My previous question re: this case was not clear. 11-count drug task force indictment. My arrest stemmed from controlled buy of 221g meth back in June. At the time of arrest (a few days ago) I had nothing on me but cash, no weapons, all search warrants came up essentially empty, except for friends personal use, which may/may not reach the 4g needed for felony-and she said it was hers. The only charge listed on my bond was the one from June. Almost all the others who were arrested had additional charges. The bond amounts range from 100K to 25K. Mine = 25K. So my particular case is about mid-level severity due to amount sold but also thanks to no weapons, nearly fruitless search warrants and no "aggravating" factors. Is there reasonable hope that I might have the DF1 reduced to DF2, or that my DF1 might result in no jail time since non-violent jail sentences are being suspended due to covid? At least that's what I'm hearing.
A: Unfortunately, this new information does not change the answer. A lot depends on criminal history and overall facts of the case. The only way to know for sure if a DF2 drop down with no jail is possible, an attorney would need to speak with you directly, review the indictment and discovery and assess the DA's flexibility on plea negotiations. Consult with a lawyer asap.
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