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Marijuana Possesion/southcarolina/2felonys/need advice

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DeadPhan

Guest
What is the name of your state?What is the name of your state? i live in new york however i was arrested in south carolina.
hi all. i was traveling with a friend about a year ago and he happened to have quantity of marijuana in his vehicle. A quarter pound to be exact. it happened to be broken up into 4 seperate ounces. We got arrested on the grounds of a college as we were visiting to see a concert. When we got arrested, my friend pleaded with the officers that it wasnt my marijuana and i had nothing to do with it. At the time we got arrested i was at least 10 feet away from the vehicle in wich the marijuana was located. Regardless the police officers arrested us both and said, "Tell it to the judge". When we got to the county jail and went in front of the judge my friend got released on his own recognizance because his father was a firefighter who perished in the world trade center tragedy. That enabled him to bail me out the 4000 dollars that it was. We were charged with 2 felonys. Possesion of a quarter pound with intent to distribute and, Possesion of a quarter pound with intent to distribute in proximity to a school zone. We were given the oppurtunity to go into a Pre-Trial Intervention Program wich entailed community service and outpatient drug counseling in which we were required to have clean urines for the duration of the program. I took that because i was unsure of how tight my case might possibly be being that it wasnt my stuff. hoping i could complete the program i tried that to prevent me of having to face a possible sentence of some sort. Well, i did my best. I did all my community service, and about 4 months of my drug program however i just came up with a dirty urine. I smoked some pot so now i am looking at getting kicked out of the program and facing full prosecution in south carolina. So i am wondering what my outlook might be regarding my case. My friend whos vehicle the marijuana was in is willing to testify for me that the pot was his and not mine. Is that enough to get me off? Aside from that, what would my sentence entail considering its my first hard offense. Other offences include minor possesion in new jersey. other than that im clean. im realy worried about this. any information will be greatly appreciated. thanks to hooever took the time to read this. Peace.
 


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OhBullship

Guest
You don't learn very quickly, do you?

If you stop with the drugs right now, you might save enough of your brain cells to figure out why you keep getting into trouble, once you finally get it all out of your system, that is.
 
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DeadPhan

Guest
so anyone want to give me a serious response? would be very much appreciated.
 
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OhBullship

Guest
You were given the opportunity to get out of these charges rather easily, and you blew it. What are you expecting here?
 

JETX

Senior Member
DeadPhan said:
My friend whos vehicle the marijuana was in is willing to testify for me that the pot was his and not mine. Is that enough to get me off?
Depending on the FULL facts, probably not.

Aside from that, what would my sentence entail considering its my first hard offense.
And of course, no one can answer what your sentence will be as we don't know all the FACTS and don't know how strict or lenient the court/prosecutor may be to your conduct.

I strongly suggest you get a GOOD defense attorney. Considering the amount you had and your previous record, you are very likely in for a very serious ride.[/QUOTE]
 
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DeadPhan

Guest
OhBullship said:
You were given the opportunity to get out of these charges rather easily, and you blew it. What are you expecting here?
im expecting advice on my pending charges. being that I blew it which i wont deny, i will now have to go to trial. i dont know why you make it sound like i dont acknowledge that i messed up. i am very aware of that. the fact that i am not geting the chance to get them dropped through a pre-trial intervention program does not mean that im not entitled to a fair trial in which all the facts and whatnot are brought up. i didnt ask anyone to make it all go away. im looking for advice on my case wich i will now have to face fully. so to answer your question, im not expecting anything. i am hoping for some kind, educated people that might be able to let me know what my options are at this point in my case. While it doesnt suprise me that there are people like you out there that just get off on shooting someone down and tellin them what a screw up they are, i still took into consideration there would be some people that would respond seriously and respectively. i thank you however for reading my post and wish you all the best in your ventures to throw your 2 cents into ones request for advice wether its relative to the question or not. take care. :)
 
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OhBullship

Guest
DeadPhan said:
im expecting advice on my pending charges. being that I blew it which i wont deny, i will now have to go to trial. i dont know why you make it sound like i dont acknowledge that i messed up. i am very aware of that. the fact that i am not geting the chance to get them dropped through a pre-trial intervention program does not mean that im not entitled to a fair trial in which all the facts and whatnot are brought up. i didnt ask anyone to make it all go away. im looking for advice on my case wich i will now have to face fully. so to answer your question, im not expecting anything. i am hoping for some kind, educated people that might be able to let me know what my options are at this point in my case. While it doesnt suprise me that there are people like you out there that just get off on shooting someone down and tellin them what a screw up they are, i still took into consideration there would be some people that would respond seriously and respectively. i thank you however for reading my post and wish you all the best in your ventures to throw your 2 cents into ones request for advice wether its relative to the question or not. take care. :)

The problem here is that you keep getting into trouble for the same thing. You didn't just "mess up" you did exactly the same thing you were already in trouble for doing, and you did it while you were being punished very leniently. Sure you are entitled to a fair trial, but you are NOT entitled to having everyone like you, or be nice to you.
 

greg_cav

Junior Member
I'd contact your the SC branch of NORML and request a local defense attorney who specializes in Marijuana defense.
 

greg_cav

Junior Member
The heart of the matter is that the prosecutor will have to prove that it was YOUR marijuana AND that you intended to distribute. It was in a friends car, right? You were a guest in the car, right?

Unfortunately, I'd have done it differently. A good defense attny could have gotten you off prior to you accepting the drug treatment and community service deal. That's how the prosecutors rope you in.

Now, with the hairbrain side-comments notwithstanding, the other posters in this thread do have a point. Now you're stuck dealing with the consequences after having proven to the court that you continue to use marijuana.

It's still possible that a good defense attorney could prove that the marijuana was not yours and that you had no intent to distribute it. The state's case is not as weak as it might have been had no not accepted the community service/treatment program, but I think it's still possible to plead to simple possession and take the fine, or at the worst plead to possession and conspiracy only and ask for a suspended sentence. You can go for full acquittal but i don't think you've got much choice, esp. considering the school zone issue. Being from out of town helps in that regard. How are you supposed to know there's a school a half-mile away? A fair judge will know the difference.

Voluntarily entering a 2nd treatment program in your area and successfully completing it will help you. Speaking about how seductive the drug is, and how you've learned your lesson and will not use again will also help.

Good luck.
 

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