Every case is different, merely reading the information on our website does not create an attorney-client relationship. Participation typically entails completing five years of intensive supervision and rehabilitation. Schedule your free consultation today by contacting Billam & Henderson, LLC, Attorneys at Law. Furthermore, if it was the defendants first offense, he or she may be eligible for a drug diversion program. There are additional penalties for subsequent offenders, and for those who possess fentanyl with intent to distribute. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Fentanyl, a Schedule II controlled substance, is a highly potent opiate that can be diluted with cutting agents to create counterfeit pills that purport to mimic the effects of Oxycodone, Percocet, and other drugs, but can be obtained at a lower cost. NOTES: 1. Get free summaries of new opinions delivered to your inbox! SPRINGFIELD, Ill. (WICS) A Springfield man has been sentenced to 60 months and one day in prison for possession with intent to distribute a substance containing cocaine base (crack), possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. A sentencing hearing has not yet been scheduled. OAKLAND Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit M30 pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. Penalties for these charges can range from one year in prison to no more than 50 years, depending on the quantity found. Others are incomplete, and will only reduce the severity of the drug charges. Armed with a full understanding of Washington state law and decades of experience, the experienced lawyers at Will & Will have what it takes to defend you. Have a question about Government Services? A conviction can result in high fines and long periods of incarceration in either a federal or state prison. jointly acquire possession of a drug for their own use intending only to share it together, the crime is only possession of marijuana, not possession of marijuana with intent to distribute. Conspiracy to . LOUISVILLE, Ky. (WAVE) - A Louisville man was sentenced Friday to over 29 years in prison on multiple drug-related charges. This charge may be levied if a person doesnt have physical possession of a drug but does have knowledge of its nearby presence and is able to control it. (1) Possession by any person of a quantity of any controlled substance including the mixture or substance listed in subdivision (d) (3) of this section in excess of the quantity limit set out in subdivision (d) (3) of this section creates a rebuttable presumption that the person possesses the controlled substance with intent to deliver. If this path proves unlikely, your drug crime lawyer may then try to raise doubt about your intent to distribute. To illustrate, simple possession is classified as a drug severity level 4 felony. A lock ( Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. 4. Possession of paraphernalia with purpose to grow marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. First, the prosecutor must prove that the substance in question was a controlled dangerous substance. With regard to the amount of drugs in your possession, prosecutors can create a presumption of intent by introducing evidence that you had enough drugs to imply that it was not all for your personal use. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Our lawyers service a clientele that is nationwide. An official website of the United States government. The current PWID law states it is illegal for someone to "possess with intent to manufacture, distribute or dispense, a controlled substance" but provides no specific weight, quantity amount or any other objective requirement to signify an individual was likely to distribute that controlled substance.This vagueness opens the door for law enforcement and prosecutors to charge people with . San Jose: (408) 535-5061. By Geoffrey Nathan, Esq. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. The difference between illegal drug possession and possession with intent to distribute is significant in the Lenexa, KS, justice system. 269 (2019);Commonwealth v. Jackson, 464 Mass. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony. Subsequent convictions come with double the normal penalties. Delivering 14g or less of marijuana to another individual, with or without remuneration, is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. Circumstantial evidence is a sign that the defendant intended to sell the drugs, but requires an inference to do so. This drug is illegal for any purpose, and possession of even a small amount can be punishable by up to six months in prison and a $1,000 fine for just your first offense. Prison sentences for simple possession can range from 15 days to up to 10 years. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony. He then pleaded guilty on February 24, 2023, in U.S. District Court to one count of possession with intent to distribute methamphetamine. Lets say youre found inside the car of a person who does intend to sell drugs. Call Our Experienced Lawyers Today: 479-250-1962. We can setup consultations in person, over Zoom, or over the phone to help you. Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more. Manufacturing between 25 pounds and 100 pounds of marijuana is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000. They were so pleasant and knowledgeable when I contacted them. A Bemidji man pleaded guilty to possession with intent to distribute after law enforcement officers found one pound of meth in the floorboard of his car. ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] Possession by 100 pounds and less than 500 pounds is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000. The charge for possession with intent to distribute under 2C:35-5 arises when a controlled dangerous substance is under control with intent to distribute. There are four fundamental elements of proof that the state must establish beyond reasonable doubt to secure a conviction for possession with intent to distribute. (1) It shall be unlawful for any person to sell, deliver, or knowingly possess any legend drug except upon the order or prescription of a physician under chapter 18.71 RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, a (1) Upon conviction of Paragraph (B) (3) or (C) (4) of this Section, possession with intent to distribute heroin or possession of heroin, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Code of Criminal Procedure Article 893. Delivering 14g or less of marijuana to another individual, with or without remuneration if the person has 4 prior convictions is a Felony, punishable by up to 6 years in jail and a fine of up to $10,000. Bottom line, we're here to help you win your case. Usually, conditional release lets a person opt for probation rather than trial. However, very small variations in the amount or quality of fentanyl create huge effects on the potency of the counterfeit pills and can easily cause death. 85 Broad St 30th Floor, New York, NY 10004, 611 S Catalina St Suite 222, Los Angeles, CA 90005, 35-37 36th St, 2nd Floor Astoria, NY 11106, 195 Montague St., 14th Floor, Brooklyn, NY 11201. 2 grams of cocaine. Delivering of growing paraphernalia to a minor at least 3 years younger than the deliverer is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000. Jason Craig, 46, of the 2000 . Some jurisdictions also impose additional per se laws. Sign up for our free summaries and get the latest delivered directly to you. Distribution is defined as any transfer. Read on to learn more about this charge, its possible penalties, and how to beat it. Every crime in California is defined by a specific code section. Felony Drug Possession. A sentencing has not been scheduled yet. The complaint alleges that Watson possessed approximately 130 M30 fentanyl tablets. According to the criminal complaint, Watson, 18, of Contra Costa County, possessed numerous fentanyl M30 pills and intended to distribute them. (b) Any person who violates this section with respect to: (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. Get free summaries of new opinions delivered to your inbox! Knowing the details of the grading and diversion programs that apply to drug intent to distribute charges in New Jersey can be the difference between a harsh sentence and a fresh start. Some common ones are: Some of these defenses are complete defenses if successful, they lead to an acquittal. An official website of the United States government. A conspiracy is a kind of criminal partnershipan agreement of two or more persons to commit one or more crimes. You need to take action. NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. nationwide, that demand excellence. Second, the accused must have actually or constructively possessed the drugs. You need one experienced in fighting for defendants rights and we have just that. SCHEDULE YOUR APPOINTMENT HERE OCGA 16-13-2 Counter reset on January 30, 2018 with total hits of 966,512 to date. Its important to note that the New Jersey Supreme Court has recently imposed strict restrictions on the use of expert testimony from police officers who purport to know when facts indicate an intent. In other words, you dont have to be found actually selling or even giving away a substance to be charged. 45-9-103.. Criminal possession with intent to distribute. You dont know of this persons intentions and, likewise, dont know illegal substances are also inside the car. - A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. As Westbrook was traveling back toward northern Minnesota, officers stopped the vehicle in which Westbrook was a passenger. Possessing 500pounds or more of marijuana is classified as trafficking and is a Class Y Felony, punishable by a mandatory minimum sentence of 10 years and a maximum of 40 years imprisonment. A person cannot be charged with possession with intent if he or she is found with less than 2.5 ounces and there is no other evidence of distribution according to Maryland 5-602 (b). A criminal record can affect job, immigration, licensing and even housing opportunities. Share sensitive information only on official, secure websites. But dont hire just any attorney. From the beginning, communication was prompt and thorough. While it still leads to a conviction, the reduction is significant. Possessing three grams to 15 grams is a third-degree felony with the standard prison sentence ranging from nine to 36 months in jail, and a mandatory maximum fine of $10,000. The reason is simple: clients want white glove service, and lawyers who can win. That means building a strong legal defense and avoiding some common mistakes. (1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101 [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12. 841(a)(1), (b)(1)(C). What to Expect for Your First Time Domestic Violence Charge, Charged with Shoplifting? You can explore additional available newsletters here. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. The statutory maximum for the charge is a maximum 20 years imprisonment, a maximum fine of $250,000, a maximum of 3 years supervised release, and a $100 special assessment. The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection. We understand what youre feeling, but were here to tell you that there is some hope. Gulfport: (228) 563-1560. If youre facing a drug intent to distribute charge in New Jersey, there are two diversion programs that could apply to your case. It shows the defendant acting in furtherance of his or her intent to sell the controlled substance. 598, 604 (1992). 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