Felony Charges in South Dakota

[JustAMom2five]

What is the name of your state (only U.S. law)? SD

My Ex has been Indicted with these charges....


1. Unauthorized possession of a controlled substance (Mushrooms)
2. Unauthorized possession of a controlled substance (Hashish)
3. Unauthorized possession of a controlled substance (Cocaine)
4. Possession with intent to distribute more than ½ pound
but less than 1pound of marijuana
5. Ingestion of a controlled substance


The police raided his home and compensated the evidence they found.. he was not arrested at the time. Aug 12th he was Indicted. He still has not seen the inside of a jail. I wasn't there but was informed there is a jury trial set for the beginning of Oct. He shares his home with his father and fiance (although from what I understand she has a separate Atty and they are going to deny her living there)... His fathers name only is on the title to the home but from what I have been told they are sharing an Atty and my Ex has proclaimed to want to take full credit as to try and spare his father from the brunt of the possible sentence. This is my ex's first offense and his fiance's second (she has a prior ingestion/possession charge)
I'm not trying to be ignorant here but understand I'll probably sound like I am, I just have no experience with this.

He had to have pled innocent to the charges in order to get a jury trial .. correct?

If he is found Guilty....What kind of sentence is possible for these charges?
(Not necessarily the Max but what, if any body knows, might be a realistic sentence? From what I understand Max Sentences are very rarely given)

Is there a chance that either him or his father would receive more then the other for these charges?

I understand that there isn't a crystal ball here so nobody can tell me exactly what will happen, I am just hoping for an educated guess at the possible outcome.

 

[seniorjudge]

Q: He had to have plead innocent to the charges in order to get a jury trial .. correct?

A: He had to plead not guilty to the charges in order to get a trial of any kind.



We will have to know the statute numbers to answer the rest.

 

[JustAMom2five]

Sorry.. see I knew I was going to sound ignorant.
Not Guilty... Innocent
Did he have to directly ask for a jury trial then?

thanks


ok what are statute numbers?

 

[seniorjudge]

Sorry.. see I knew I was going to sound ignorant.
Not Guilty... Innocent
Did he have to directly ask for a jury trial then?

thanks


ok what are statute numbers?

It never hurts to ask for a jury trial as soon as possible.

The statute numbers are on the charging papers.

 

[Peligroso27]

He could have asked for a bench trial. Jury trials are used when a defendant wants to create reasonable doubt. 12 jurors are easier to dissuade than a single judge. Statute numbers are definitive way for us to decipher what laws the individual has actually been accused of breaking.

Here are some examples of actual SD sentences.

POSSESSION OF DRUG PARAPHERNALIA: Judg. of Conv., 10 days co. jail susp., 6 mos. prob.

POSSESSION OF A CONTROLLED SUBSTANCE (PSILOCYBIN MUSHROOMS): Ord. Susp. Imp. of Sent., 6 mos. prob. $1,123.00 fine/restitution

POSSESSION OF A CONTROLLED SUBSTANCE (COCAINE): Judg. of Conv. & Ord. Susp. Sent., 4 yrs. State Pen. susp., 4 yrs. prob., 180 days co. jail $22.50 restitution

POSSESSION OF MORE THAN ONE HALF POUND BUT LESS THAN ONE POUND OF MARIJUANA: Judg. of Conv. & Ord. Susp. Exec. of Sent., 4 yrs. State Pen. susp., 90 days co. jail, 4 yrs. prob. $3,100.00 fine/restitution

POSSESSION OF A CONTROLLED SUBSTANCE (HASHISH): Judg. of Conv. & Ord. Susp. Exec. of Sent., 6 yrs. State Pen. susp., 180 days co. jail w/1 day credit, 6 yrs. prob. $671.00 restitution

This guy is looking at serious time on any one of the charges he has against him. Keep in mind each of the sentences given above were individual charges. His could be much worse.

 

[JustAMom2five]

Oh then thank you for the answers you did give... I am not privy to the actual charge paperwork.

thanks seniorjudge!

I called my father who told me that each possession charge is a class 4 felony
and the ingestion is a misdemeanor

He said the felony charges carry a min. of two years and the misd. carries a min of 30 days.
He also said that most likely the reason my ex asked for a jury trial is because they are generally more expensive and so giving the states prosecutor more motivation to offer plea bargains.

So I suppose it would be safe to guess that unless he takes a plea bargain and he is found guilty he would probably receive a min. of 5-9 years?

 

[seniorjudge]

Q: So I suppose it would be safe to guess that unless he takes a plea bargain and he is found guilty he would probably receive a min. of 5-9 years?

A: I'd say 5-9 is close for a minimum whether he plea bargains or has a jury trial.

 

[Peligroso27]

Oh then thank you for the answers you did give... I am not privy to the actual charge paperwork.

thanks seniorjudge!

I called my father who told me that each possession charge is a class 4 felony
and the ingestion is a misdemeanor

He said the felony charges carry a min. of two years and the misd. carries a min of 30 days.
He also said that most likely the reason my ex asked for a jury trial is because they are generally more expensive and so giving the states prosecutor more motivation to offer plea bargains.

So I suppose it would be safe to guess that unless he takes a plea bargain and he is found guilty he would probably receive a min. of 5-9 years?

5 to 9 years sounds like a very real possibility.

 

[JustAMom2five]

He could have asked for a bench trial. Jury trials are used when a defendant wants to create reasonable doubt. 12 jurors are easier to dissuade than a single judge.

Wow.. and thanks for the examples Peligroso

If you don't mind my asking.. what is reasonable doubt?

 

[seniorjudge]

Wow.. and thanks for the examples Peligroso

If you don't mind my asking.. what is reasonable doubt?

Definitions of reasonable doubt on the Web:

* the doubt that prevents one from being firmly convinced of a defendant's guilt or the belief of the real possibility that the defendant is not ...
LEGAL DEFINITIONS - COMMONWEALTH'S ATTORNEY, Halifax County, Virginia, USA

* The degree of certainty beyond which the Commonwealth must prove its accusations in order to obtain a criminal conviction.
Glossary of Terms Commonly Used in Court

* In order to convict a defendant of a criminal offense, a juror or judge must believe “beyond a reasonable doubt” that the defendant committed ...
Criminal Law Glossary

* If, in the minds of the jury, a doubt exists which may have arisen from the evidence, or lack of evidence, a doubt that would exist in the mind of a reasonable person after fully, fairly, and carefully considering all of the evidence, or lack of evidence.
juryduty.nashville.gov/portal/page/portal/juryDuty/glossary/

* In criminal cases the state is required to prove the guilt of an accused person beyond a reasonable doubt. This is defined by California Penal Code section 1096 as, It is not a mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubt. ...
Webterms

* The standard of proof that must be met to prove a criminal case. If a jury has reasonable doubt about the defendant's guilt, they must acquit that person.
Legal Vocabulary provided by the Goldberg Firm of Southwest Florida

* In a criminal trial the prosecution has the burden of proving the defendant guilty and it must do so by proving each and every element of the ...
Legal Terms Dictionary, Definitions

* When an ordinary person has reason to believe the person might not have committed the crime.
civics.extranet.urbanplanet.com/sites/25e1f498-741c-478a-8a08-aa486d8533a5/uploads/Criminal_Law_Vocabulary.doc

* The standard of proof in criminal Courts in the UK is that the case is proved “beyond reasonable doubt”. The Crown Prosecutor must prove beyond reasonable doubt that the defendant committed the offence.
R - Glossary - North Strathclyde Community Justice Authority

* when a juror or jury is not 100% positive of guilt or innocence in a trial
quizlet.com/print/69557/

* The test for guilt in a criminal law case; a doubt based on reason and common sense;
scromett.com/LegalDefinitions.html

* Reasonable Doubt is the debut album by East Coast rapper Jay-Z. It was released on June 25 1996 by Roc-A-Fella Records in the United States and ...
en.wikipedia.org/wiki/Reasonable Doubt

* Reasonable Doubt is a 1936 British black and white comedy film produced by Gabriel Pascal, starring John Stuart and Nancy Burne.
en.wikipedia.org/wiki/Reasonable Doubt (1936 film)

* An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt" ...
courts.delaware.gov/How%20To/court%20proceedings/



Google is your friend.

 

[JustAMom2five]

Thank you Both!

I feel for him, and I will be praying for him.
Too bad he decided to do these things.. the children that we share shouldn't have to deal with any possible repercussions of his actions (already it has been 9 months since they have seen him and he hasn't sought to pursue the supervised visitation he is allowed). On that more personal note I will just continue to remind them of how much he loves them and hope that he can continue some sort of communication IF he is found guilty.

thanks again.

 

[Peligroso27]

In a trial there is a burden of proof placed on the state (prosecutor). He must effectively convince the jury or judge that without a reasonable doubt the defendant is guilty. If in a jury trial one juror believes the defendants side then he could be found not guilty. A common misconception is that innocent and not guilty are the same thing, they are not. A reasonable doubt is any piece of evidence that supports the defendants position and creates a doubt as to the defendants guilt causing the juror to vote not guilty.

 

[JustAMom2five]

One thing I forgot to mention.. and I don't know just how important it is but apparently he lives in a drug free zone... there is an elementary school about a block away from his house, and a public housing complex just across the street.

*like I said I'm not sure if that changes much.


thanks again.

 

[Peligroso27]

In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section.

In short five year minimum.