Pwid

[JRF91]

Michigan

I was recently charged with Possession with Intent to Deliver marijuana. A friend of mine was driving, with myself in the passenger seat, when we were pulled over by a Michigan State Trooper. The officer smelled marijuana, and handcuffed both of us and conducted a search of the car, including the trunk. In the trunk, he found a gym bag containing roughly a half-ounce of marijuana in a mason jar, a grinder, pipe, and a couple plastic bags containing very small amounts of marijuana (shake left over). The gym bag belonged to me. I was charged with PWID and I have to appear in court on February 21st. I am 20 years old with absolutely no previous criminal record. I have never even gotten a speeding ticket. The officer mentioned to me about the Holmes Youthful Trainee Act. I am just wondering what to expect since my charge is a felony. I do not have a lot of money to hire a lawyer. Can I expect jail time? Probation? What kind of fines are typical for something like this? Anything would be helpful.

Thanks!

 

[FlyingRon]

You should expect jail time, but even if you do not get it, you'll have a serious criminal record that will bar you from firearms ownership and many jobs and other civil rights. You need a lawyer. HYTA will be a good option for you if you can't beat the charge otherwise. Don't take legal advice from a cop. No skin off his nose what happens to you.

If you do get into HYTA you must remain clean (no breaking laws, no drug use -- you will be tested) or else you'll suffer dire consequences.

 

[JRF91]

FlyingRon

If you had to guess, what are the chances I get time in jail/how long? As I stated before, I have absolutely NO record. I didn't mention before, but I was not arrested. The officer did not take me to jail, but rather issued me an Appearance Citation. I don't know if this makes a difference. I was 100% cooperative. Does this change anything? Would I be alright just going with a Public Defender?

 

[tranquility]

No one can guess. From what you've written, I find it hard to believe the state can make the case you intended to distribute. Sure, multiple baggies can be indicia, but in the totality here, I don't see it.

Are you sure you've been "charged"? Have you been to court yet or are you just referring to what the officer said or wrote?

Reading edit:
I see you were cited and released. They don't tend to do that with felonies.

Get an attorney as this could mess up your life a bit. You want to make sure you talk to no one but your attorney about this. You should be able to fight the intent portion of anything but possession, and may have an argument against the trunk search depending on the justification the officer uses.

 

[JRF91]

In reference to tranquility's post, I don't know if I was clear or not in my original post, so I apologize for that. I was just issued an Appearance Citation. I have not had my arraignment yet, so I have not officially been charged. Do you think there is a good chance that an attorney would be able to work out a deal with the prosecutor to help me out at all? Perhaps dropping the Intent to Deliver portion of the charge or anything at all? Also, what if I go with a public defender, as I do not have a lot of money to hire a lawyer.