Legal Question in Criminal Law in Virginia

What kind of time in prison am I looking at for 1 count of Conspiracy to Distribute meth (less than 1 gram)? I'm desperate to find this answer, I am a mother of 3 an not knowing is killing me inside because I feel the need to prepare my children. I do have an attorney but he is saying I wont do anytime based on the circumstances. I wanna take a plea, but he wants to go to trial. I'm terrified. Thank you.

Oh, by the way, I have a clean record.


Asked on 11/28/09, 5:24 am

1 Answer from Attorneys

Michael Sprano The Sprano Law Firm, LLP

The answer will differ significantly depending on if your case is in state vs federal court, but either way the sentencing guidelines would call for a significant period of incarceration for an offense like that (a year in state court, more in federal but depends on too many factors to go into here). We all have had outcomes much better than that notwithstanding the guidelines, but such cases are the rare exception and not the rule.

It is also important to keep in mind that in both state and federal court, the sentencing outcome in these cases is usually much worse if a guilty verdict results from a trial as opposed to a plea. In federal court the decision not to "accept responsibility" has a direct and significant negative effect on the sentencing guidelines, whereas in state court the issue is jury sentencing. Juries are not told that they can recommend that any portion of the sentence should be suspended, so all they can do is recommend a sentence within the statutory sentencing range, which in your case would start at 5 years. None of this means that you should not take your case to trial if you have meritorious defenses, but all of the complexities and possible ramifications of that decision need to be explained to your satisfaction so that you fully understand the risks.

The bottom line is that this is an important case with a lot riding on it and it sounds as if you do not trust your attorney. It is your decision, not the lawyers, whether to go to trial or plead guilty. The attorney's job is to provide advice and sound counsel to help you make the best decision you can under the circumstances, but none of that can happen without a full and honest exchange of information, and it does not sound like that has taken place so far in this case. You either need to insist that your lawyer make the time to sit down with you and explain all of this to your satisfaction, or you need to start looking for a new lawyer. I don't practice down your way but I know a few good lawyers who do, so if you want to give me a call or email I can make some recommendations. Good luck.

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Answered on 12/03/09, 6:36 am


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