
Personal Information
Gerard Birk was booked in McMinn County on May 30, 2024 on 4 felonies, 2 misdemeanors, including Drug Possession and 5 other charges.
Charges (6)
Drug Possession
Original: POSSESSION OF METH FOR RESALE (Felony)
It is illegal to knowingly possess a controlled substance or casually exchange a small amount without a valid prescription from a doctor. This is a Class A misdemeanor punishable by up to 11 months and 29 days in jail and a fine up to $2,500, but it can be enhanced to a Class E felony for certain circumstances (such as being near a school or involving minors).
Penalty: Class A misdemeanor; 11 months 29 days; fine up to $2,500
Sentence: BOUND OVER
Drug Manufacturing/delivery/sale
Original: POSSESSION OF FENTANYL FOR RESALE (Felony)
It is illegal to knowingly manufacture, deliver, sell, or possess with intent to deliver a controlled substance. This is typically a Class E felony punishable by 1 to 6 years in prison and a fine up to $3,000, but the penalty increases to a Class A, B, C, or D felony depending on the type of drug and amount involved.
Penalty: Class E felony; 1-6 years; fine up to $3,000
Sentence: BOUND OVER
Possession Heroin for Resale (Felony)
Original: POSSESSION HEROIN FOR RESALE (Felony)
TCA 39-17-417
Sentence: BOUND OVER
Drug Paraphernalia
Original: UNLAWFUL DRUG PARAPHERNALIA (Misdemeanor)
It is illegal to knowingly use, possess, deliver, or manufacture drug paraphernalia (equipment used to consume, produce, or test drugs, such as pipes, syringes, or meth labs). This is a Class A misdemeanor punishable by up to 11 months and 29 days in jail and a fine up to $2,500, but it can be enhanced to a Class E felony depending on circumstances.
Penalty: Class A misdemeanor; 11 months 29 days; fine up to $2,500
Sentence: BOUND OVER
Possession of a Handgun During Commissio - Of
Original: POSSESSION OF A HANDGUN DURING COMMISSIO - OF FELONY (Felony)
TCA 39-17-1324
Sentence: BOUND OVER
Violation of Probation
Original: VIOLATION OF PROBATION MISDEMEANOR - POSS METH DRL (Misdemeanor)
Issuance of warrant or summons upon violation of conditions of probation – Probation revocation hearing – Admissibility of laboratory report – Revocation of probation and suspension of sentence – Use of validated risk and n… — Class A misdemeanor. Up to 11 months 29 days in jail and $2,500 fine. Penalty may be enhanced for prior offenses or aggravating factors.
Penalty: Class A misdemeanor; 11 months 29 days; fine up to $2,500
Sentence: 11/29 SUSP ON SERVING 50% TO FLATTEN
Booking Details
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