Can You Ever Choose Your Sentence for a Drug Crime?
If you are going to be sentenced for a drug crime, the judge may have some discretion when imposing the criminal sentence. Unfortunately, the law does not allow you to directly choose your own sentence. But you can influence which sentence you receive in several ways.
- Find a Lawyer
First, having a lawyer both before and during sentencing could help you get a different sentence. Your lawyer potentially can negotiate a deal with the prosecutor or speak to the judge on your behalf. You may be able to take a plea deal that could reduce your prison sentence, eliminate penalties, or allow you to attend a rehabilitation program instead of imprisonment. Of course, a lawyer cannot guarantee a result, but it is very helpful to have someone on your side during the criminal process.
- Obey Terms of Bail or Release
Second, make sure that you obey any conditions of bail, if you posted bail. Usually you must agree that you will return to court on a certain date in exchange for your release. If you are out of jail without bail, you probably need to return to court too.
If you violate terms of your bail or release, the judge may opt for a harsher sentence or require that you go back to jail while your case is pending. You could miss out on the opportunity to go to rehab or treatment instead of prison.
- Investigate Treatment and Alternative Sentencing Options
If you are motivated to seek treatment for drug use or you simply want to stay out of prison, investigate alternative sentencing options for your crime. You may have the option to attend drug rehabilitation, an inpatient or outpatient treatment program, or drug court. In some cases, these programs may come at your own expense, so it is important to research them first. The judge could ask you at the sentencing whether you will attend treatment instead of prison, and you will want to give an informed answer.
Further, your lawyer may be able to negotiate a deal for longer probation, greater fines, or pleading guilty to a lesser charge in exchange for no prison time. While it may seem like you are trading one penalty for another equal one, staying out of prison can be very beneficial. It can help you hold down a job, care for family members, and fulfill other responsibilities. Alternative sentencing options may seem like the right choice for you.
Charged with possession of controlled dangerous substances or another drug crime? Seek out a local criminal attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now defends Oklahomans charged with drug crimes. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.