Yes, it’s possible; however, it depends on the nature of the crime for which you are convicted as well as your prior record. Montana is unique among states in that state law calls for leniency to be given to first-time offenders convicted of a drug possession charge. Thus, if you have no prior drug convictions, and you are convicted of simple possession, there is a good chance you can avoid a jail sentence. However, Montana drug laws related to possession with intent to distribute and selling drugs contain no such provision. Thus, while it is still theoretically possible to secure a probationary sentence in these cases, it is no guarantee. A skilled Montana drug crime defense attorney at The Criminal Defense Firm can work with you to develop a compelling defense to avoid a conviction. And if a conviction is unavoidable, our attorneys will gather all mitigating evidence to explain why a jail sentence is not appropriate in your case.