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Possession w/Intent to sell First offense

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infiniti817

Junior Member
I was arrested in my dorm with half an oz. of marijuana bagged up. As this was my first time being in trouble with the law, I thought cooperating with the police would help my case. I gave them my statement that I had never sold before, but intended to sell that marijuana to reduce financial stress on my parents(I do not qualify for financial aid, therefore have to pay for all of my college expenses out of the pocket). I have already given my statement and am charged with possession with intent to sell. I'm a premedical student and cannot afford to have a felony on my record. Can my public defender get it bumped down to a misdemeanor? I've never been arrested before and have a clean record.

note: When I gave my statement to the police, I was honest and told them the weed was from my hometown, but when my parents asked me where it was from, I said from kid at school. Now my parents insist on sitting in with my meeting with the public defender and having me "come clean" and tell him I got it from some unknown kid at college. What is the likelihood of getting this case resolved at the pre-trial with a plea-bargain, before I even get taken to trial? I also told the disciplinary director at my school that I brought the weed from home, and that can be used as evidence in the trial (if It doesnt get settled at the pre-trial)


Do you think I can get it bumped down to a misdemeanor at the pre trial?
 


The Occultist

Senior Member
Firstly, we cannot predict the future.

Secondly, you deleted a question that is very important for you to answer: please tell us what state you're in as different states have different laws.
 

cyjeff

Senior Member
So, let me get this straight.

When confronted, you told the police that the half oz of grass you had was not only yours, but you were going to sell it?

Thereby turning a routine misdemeanor into a possible felony.

You told the school, the cops but lied to your parents.

Now is the wrong time to start lying.

Tell your parents the truth. Then shut your mouth.
 

Ozark_Sophist

Senior Member
If you currently receiving any form of federal financial aid (grant, subsidized loan, etc.), you have at least two years before you will again become eligible for that aid. You will have to complete an acceptable rehab program. I know you are currently paying out of pocket, but I threw that in there in case your parents rightly decide to pull the financial plug.

It is also likely you will not longer be able to live in the dorm. You should not have made ANY statements to the school until your the outcome to your criminal case was determined. Those statements can, and likely will, be used against you in court. The criminal court evidence will then also be used against you for any school disciplinary actions.

Do not speak to anyone about any aspects of the case with anyone other than your lawyer. This includes your parents, friends, and school administrators.

You are paying for school out-of-pocket? Or your parents are anyway... I would recommend hiring a private attorney--nothing against public defenders, but you want not just to get the felony down to a misdemeanor but likely off your record altogether if possible.

Competition for medical school is fierce, so you would want no criminal drug history on your record.
 
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