Legal Question in Criminal Law in Hawaii
My 18 year old son was arrested on an air force base for "promoting a detrimental drug" in the 3rd degree. What could his punishment possibly be?
Asked on 7/13/10, 8:24 am
2 Answers from Attorneys
Rustam Barbee
Rustam A. Barbee, Attorney at Law
This offense is classified as a class "C" felony carrying a maximum sentence of 5 years imprisonment and/or $10,000.00 fine. If the drug is identified as methamphetamine, a mandatory minimum term could apply. First offenders may be treated more leniently and receive a 5 year sentence of probation.
Answered on 7/13/10, 3:10 pm
Rustam Barbee
Rustam A. Barbee, Attorney at Law
Additionally, because the alleged offense occurred on a military base, your son could face federal drug charges under 21 USC section 841 where the penalty varies based upon drug type and quantity. The case would be prosecuted in Federal District court by the US attorney's office.
Answered on 7/13/10, 3:37 pm
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