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possesion and intent to distribute

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rbascope87

Junior Member
I was smoking some pot in the car with my friend. I got pulled ( i was driving my truck)over and the officer searched the car because it smelled like pot. My friend had a quarter ounce in his pocket. He asked me if i had any in the car and i said no. He found a little pocket scale and under my back seat he found an ounce and a half of pot. They confiscated my cell phone, and $120, 80 of it that was folded, and also 40 folded, because they said it was evidence. I talked to someone and they said that i should maybe try to get a deal for both, but im not sure. Cause they dont have a case on me for distribution cause it was for personal use. Can you give me any advice?What is the name of your state?
 


The Occultist

Senior Member
Cause they dont have a case on me for distribution cause it was for personal use.
WRONG! They do indeed have a case. A scale indicates that you are weighing something, possibly the pot they found on you. Typically, dealers are the ones who care about weighing. The folded money is potentially the money you received in return for the pot you weighed and then sold. Even if you really are innocent of that charge, you could still potentially be found guilty of it based on the evidence found in your car.

Also, you need to include the name of your state. Different states have different rules regarding drugs. Without knowing what state your in the best advice I can manage is that you should attempt some sort of plea bargain or deferred prosecution.
 

CdwJava

Senior Member
rbascope87 said:
I was smoking some pot in the car with my friend.
Smart move. :rolleyes:

I got pulled ( i was driving my truck)over and the officer searched the car because it smelled like pot.
What a surprise.

Cause they dont have a case on me for distribution cause it was for personal use.
The scale gave them some evidence of possession with intent to sell - that's also why they seized the money ... whether they can make that case will depend on the details. The money, packaging of the dope, and the scale can all play a part in a distribution case. If the marijuana was not broken down into smaller packages, no packaging materials were located, and there is an easy explanation for the money (besides a friend giving it to you or you sold some CDs for it), then you ought to be able to plead down to possession.

However, not knowing the state makes it hard to say what might happen. In general, if you don't have any priors, you ought to be able to get a fine, counseling, probation, and a likely license suspension.

- Carl
 

gawm

Senior Member
I was smoking some pot in the car with my friend. I got pulled ( i was driving my truck)over and the officer searched the car because it smelled like pot. My friend had a quarter ounce in his pocket. He asked me if i had any in the car and i said no. He found a little pocket scale and under my back seat he found an ounce and a half of pot. They confiscated my cell phone, and $120, 80 of it that was folded, and also 40 folded, because they said it was evidence. I talked to someone and they said that i should maybe try to get a deal for both, but im not sure. Cause they dont have a case on me for distribution cause it was for personal use. Can you give me any advice?What is the name of your state?
Did you have the scale because you got tired of your dealer ripping you off?;) Not uncommon nowadays.
 

2901bruce

Member
I was smoking some pot in the car with my friend. I got pulled ( i was driving my truck)over and the officer searched the car because it smelled like pot. My friend had a quarter ounce in his pocket. He asked me if i had any in the car and i said no. He found a little pocket scale and under my back seat he found an ounce and a half of pot. They confiscated my cell phone, and $120, 80 of it that was folded, and also 40 folded, because they said it was evidence. I talked to someone and they said that i should maybe try to get a deal for both, but im not sure. Cause they dont have a case on me for distribution cause it was for personal use. Can you give me any advice?What is the name of your state?
Well, let's see! The smell of pot. Drugs found on passenger. Drugs found in YOUR truck. A pocket scale. Folded twenty-dollar bills. Does this sound like a pot dealer to you? Also, they confiscated your cell-phone to see who you've been calling - and who's been calling you!
 

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