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    Speak Up! - View Question #24755


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    Question:

    I was caught with ecstasy what is the worst that could happen?



    Answer:

    If you were to possess ecstasy for personal use, meaning you did not possess a large quantity for sale, it is a class 4 felony.  A class 4 felony, assuming you have no prior felonies, is punishable by up to 4 years of probation and up to 12 months in jail, or if the judge opted to sentence you to prison instead of probation and jail, the range of sentence would be 1 to 3.75 years with a presumptive term of 2.5 years.  The presumptive term is what anyone convicted of a class 4 felony is presumed to receive as a sentence, however, a judge may reduce the sentence to 1 year or increase the sentence up to 3.75 years depending on any aggravating or mitigating factors.  In some instances the court may allow you to participate in a drug diversion program that may include probation, drug testing and classes, and allow you to earn something other than a felony, which may include a misdemeanor.

    If you were to possess ecstasy for sale, it is a class 2 felony.  A class 2 felony, assuming you have no prior felonies, is punishable by up to 7 years of probation and up to 12 months in jail, or if the judge opted to sentence you to prison instead of probation and jail, the range of sentence would be 3 to 12.5 years with a presumptive term of 5 years.  The presumptive term is what anyone convicted of a class 4 felony is presumed to receive as a sentence, however, a judge may reduce the sentence to 3 years or increase the sentence up to 12.5 years depending on any aggravating or mitigating factors.  In some instances the court may allow you to participate in a drug diversion program that may include probation, drug testing and classes, and allow you to earn something other than a felony, which may include a misdemeanor.


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