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Possession with intent to deliver

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BIGidiot

Junior Member
What is the name of your state (only U.S. law)? West Virginia

I recently was charged with possession with intent to deliver marijuana. I was curious as to what I could expect, possible ways to defend myself, possible plea bargins I could make or except.

This is the first time I have ever been arrested or in trouble with the law. They found 5 bags. Two with small amounts in them. Two with about ounce them. And one containing a large sum in it. They also found 2 bowls, rolling papers, crusher, and a scale. They searched my entire house and 2 cars. They found nothing in either of my cars.

I have my preliminary hearing next Monday. I had plans of quitting as of the end of the month when I had also planned to move to Buffalo NY. I know I have broken the law and need to be punished, but I feel as if I don't deserve to go to jail. I would except anything at this point other than jail time. I have since quit and am looking to get this whole thing over with ASAP, clean up my act, and get on with my life. Any help or advise concerning this matter would be greatly appreachated!!
 


FlyingRon

Senior Member
Umm...the problem with committing felonies like that is it's not going to just go away, overnight, possibly ever.

This is a serious charge and you should be talking to a lawyer. If you are indigent, then request a public defender at the first opportunity.

You quite well could be seeing jail time on this. What you're wiling to (and the word is) accept, matters little.

Even if you don't get jail time, you better rethink your plans to move. You're going to get probation, and hence you will need specific permission to move. It will take a coordinated effort between the probation departments in both WV and NY to permit this.

Hopefuly you weren't with 1000 feet of a school.
 

ERAUPIKE

Senior Member
What is the name of your state (only U.S. law)? West Virginia

I recently was charged with possession with intent to deliver marijuana. I was curious as to what I could expect, possible ways to defend myself, possible plea bargins I could make or except.

This is the first time I have ever been arrested or in trouble with the law. They found 5 bags. Two with small amounts in them. Two with about ounce them. And one containing a large sum in it. They also found 2 bowls, rolling papers, crusher, and a scale. They searched my entire house and 2 cars. They found nothing in either of my cars.

I have my preliminary hearing next Monday. I had plans of quitting as of the end of the month when I had also planned to move to Buffalo NY. I know I have broken the law and need to be punished, but I feel as if I don't deserve to go to jail. I would except anything at this point other than jail time. I have since quit and am looking to get this whole thing over with ASAP, clean up my act, and get on with my life. Any help or advise concerning this matter would be greatly appreachated!!
You are looking at the very real possibility of jail time with these charges. Judges don't like drug dealers, even if they were really going to quit right before they got caught. (Laughable) You don't get to choose the punishment that is most convinient for you, that is not how the system works. Get a lawyer.
 

BIGidiot

Junior Member
I'm not a dealer!

Although I understand that it would look as if I'm a dealer in this situation, I can assure you I am not. My roommate who was not here at the time or involved has already told me he will testify on my behalf that although he knew moving in that I have a history of marijuana use, that I am not a dealer. He's going to testify that he has been paying my rent. (Police found no money in my house and my bank accounts are empty.) He has no prior record. There were baggies from where I smoke, in and around where they found the marijuana. The scale is really the only proof I feel that they have that I'm a dealer and I used this so that people could come over and weigh out things at my house and to also keep track of how much I was smoking.

As for moving, I feel Buffalo is completely out of the question. With most felony cases, I know your not allowed to leave the state without the courts written approval. However, in this case that was crossed out and at my initial appearance I was told by the judge that I would have to travel back to Regional Jail to make an appearance on a weekly basis. I have decided that Akron Ohio, which is only 2 hours away would be a lot better choice. I have also lived in this area before and have friends in this area. None of these friends use the drug, so I don't foresee any problems with being tempted by the drug.

I did request and receive a public defender for my case. And I have arranged a face to face with her prior to the preliminary hearing. She apparently has 150 clients and 7 years experience. After meeting with her and going to the preliminary hearing. I will personally make the decision if I want to hire a new lawyer or continue with her.

Oh and I wasn't within 1000 feet of a school zone.
 
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ERAUPIKE

Senior Member
Although I understand that it would look as if I'm a dealer in this situation, I can assure you I am not. My roommate who was not here at the time or involved has already told me he will testify on my behalf that although he knew moving in that I have a history of marijuana use, that I am not a dealer. He's going to testify that he has been paying my rent. (Police found no money in my house and my bank accounts are empty.) He has no prior record. There were baggies from where I smoke, in and around where they found the marijuana. The scale is really the only proof I feel that they have that I'm a dealer and I used this so that people could come over and weigh out things at my house and to also keep track of how much I was smoking.

As for moving, I feel Buffalo is completely out of the question. With most felony cases, I know your not allowed to leave the state without the courts written approval. However, in this case that was crossed out and at my initial appearance I was told by the judge that I would have to travel back to Regional Jail to make an appearance on a weekly basis. I have decided that Akron Ohio, which is only 2 hours away would be a lot better choice. I have also lived in this area before and have friends in this area. None of these friends use the drug, so I don't foresee any problems with being tempted by the drug.

I did request and receive a public defender for my case. And I have arranged a face to face with her prior to the preliminary hearing. She apparently has 150 clients and 7 years experience. After meeting with her and going to the preliminary hearing. I will personally make the decision if I want to hire a new lawyer or continue with her.

Oh and I wasn't within 1000 feet of a school zone.
Possession with intent to manufacture or deliver a controlled substance can result in imprisonment of not less than one year and not more than five years, or a fine of fifteen thousand dollars, or both. The scale is not the only thing that makes you look like a drug dealer, although it is detrimental to proving your innocence. The manner in which your drugs were bagged are also consistent with the way drug dealers keep marijuana bagged for sales. You can expect the narcotics officers that raided your house to testify to that effect. You are looking at some serious time even if the charges are dropped to possession, depending on the amount of the large "large sum."
 

FlyingRon

Senior Member
As for moving, I feel Buffalo is completely out of the question. With most felony cases, I know your not allowed to leave the state without the courts written approval. However, in this case that was crossed out and at my initial appearance I was told by the judge that I would have to travel back to Regional Jail to make an appearance on a weekly basis. I have decided that Akron Ohio, which is only 2 hours away would be a lot better choice. I have also lived in this area before and have friends in this area. None of these friends use the drug, so I don't foresee any problems with being tempted by the drug.
The pretrial appearance has squat to do with what's going to happen to you after you're convicted. Even if this is somehow dropped to a misdemeanor with probation, you are going to require permission to move.

You being found with money has no bearing on distribution. First off, the sterotype of the rich drug dealer is incorrect. Most bottom tier guys aren't clearing a whole lot of profit and go through it pretty quickly. Further, even if you were just buying for friends and splitting it (with no money changing hands, let alone a profit) YOU ARE STILL GUILTY.

Are you going to have us believe you were portion controlling weed into individual bags for your own drug diet?

If you're broke, how are you going to hire a new lawyer? Sell more drugs?
 

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