Asked in Criminal Law for Idaho

Q: I got a possession of paraphernalia with intent to use charge in kootenai county

If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Possession with Intent (to sell, distribute) is a felony in Idaho. It carries a maximun sentence of 7 years of prison. If you have NO other crimes in your jacket, then you MIGHT be able to get a probation offer. That also might be contingent on you completing 60-90 days in custody going through a drug class offered in jail. If you have a previous conviction for felony possession, then you're almost certainly looking at a Rider. What you need to do in order to get probation, is what is known as a "sincere apology." A sincere apology is comprised of four (4) steps:

Step 1: tell the Court that you are sincerely sorry for breaking the law; that you understand that you had a responsibility to NOT break the law, if you were to enjoy the freedom that all citizens enjoy;

Step 2: Explain to the Court how you committed the crime. This IS thE hardest thing for people to do, because it requires you to "out" the seller you purchased it from, and explain how long you've been involved in meth, how you started, who first gave it to you, who you've been purchasing it from since you began using; etc. See why this step is the hardest? It's because you are required to burn every, single bridge to anyone you knew in your "old life," and start new! Starting "new" is difficult. However, if you don't think you can be that open and transparent to the Court who could make your life miserable for the next decade, think again. IF YOU WANT PROBATION, you must convince the judge that you are sincere about the remainder of your life and you don't need to worry about what the prosecutor offers, because if a judge hears you say these things, they're going to believe that you deserve a chance back out in the community.

Step 3: you must tell the court that you are willing to do ANYTHING it asks of you, in order to "make it up to" the citizens of Idaho. You must be sincere about this, because if you're not willing to "out" the people who sold you dope, then your protests notwithstanding, the Court won't believe that you'd do ANYTHING it orders you to do.

Step 4: you must actually DO ANYTHING the Court orders you to do, because if you keep one toe in the water and believe an astute judge with experience with addicts, is going to believe you and give you an opportunity back out with the other people who abide the laws of Idaho, you're sadly mistaken. Good luck!

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