Simple possession is typically a third-degree offense with the maximum penalty of five years in jail. However, if the accused individual has no prior indictable convictions, incarceration is not usually sentenced. A pre-trial intervention (PTI) is sometimes available to an individual charged with third-degree possession who has no previous record.nnIf the individual has a prior indictable record, they are ineligible for a PTI. In such a case, the penalties are dependent on the prior record, details of the case at hand, and the arguments made for the suspect; the case may result in incarceration. A criminal defense lawyer will work with their client to find the best option available for this charge.