Simple possession can be actual, joint, and/or constructive possession. . The nature of the controlled substances-dangerous and highly addictive substances such as heroin attracts harsher penalties than simple possession of marijuana. O.C.G.A. It is unlawful for any person to manufacture, deliver, If you have been charged with either offense because drugs were found in your car or on your property, its essential to hire an expert attorney right away. Barkemeyer Law Firm has multiple locations in Louisiana. For example, four people are riding in a car with 5 pounds of marijuana in a bag in the backseat, the police might arrest all four people with simple possession or even possession with intent unless someone speaks up and says it is his only and that the other passengers didnt own or control the drugs. Depending on the specific drug in question, the State has varying weights and amounts associated with trafficking charges. Hiring a Drug Crimes Lawyer in GA: Atlanta Drug Trafficking, Drug Crime Lawyer: Hiring the Best Drug Attorney in Atlanta. Rating: +2. **If you hire or engage someone under the age of 17 to distribute or otherwise assist you with your controlled substances, you may be charged with an additional felony and face another prison sentence of no less than 5 and no more than 20 years, along with a fine of at least $20,000. You should know that a marijuana distribution charge is a serious crimeone that can include harsh penalties upon conviction. Defense of an intent case begins with a critical review of whether the State can prove there really was an intent for distribution. Suite 2060, If the cocaine was less than 10% pure, the Court would take the percentage of purity and multiply it by the weight you were carrying. Police may seize multiple bags from co-defendants that were traveling together. No felony possession of marijuana in Rhode Island, unless there is an intent to distribute: South Carolina: S.C. Code Ann. Commonly, a VGSCA crime refers to such charges as: Possession of Marijuana. Lets discuss the details of your case and see if we can help. If you do Its one thing for a person to choose to use drugs for themselves, but entirely another thing when they choose to involve someone else by distributing drugs to that person. You already receive all suggested Justia Opinion Summary Newsletters. If the defendant possessed 200 grams of cocaine, this would be considered an intent to distribute amount. In this article we will cover possession with intent to distribute charges for the following types of drugs. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over . He will likely sentence you to prison for many years. If you are simply in The second offense attracts incarceration of 0-10 years or a fine not exceeding $10,000, Third offense or subsequent offense attracts between 5-20 years of imprisonment or fines up to $20,000, The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000, The second offense attracts 5-30 years of imprisonment or up to $50,000, Third offense or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, The first offense attracts 0-15 years of imprisonment or up to $25,000, Third or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, Your rights were violated by the law enforcement during the search, You are not aware of the presence of the controlled drugs. Depending on the judge and your background, the jail time you could receive for possession with intent could be around 15-20 years for that amount. No: No: Up to 1 oz (first offense): Up to 30 days imprisonment, $100 to $200 fine; Up to 1 oz (first offense): Up to 1 year imprisonment, up to $2,000 fine March 1, 2023. Possession of cannabis with intent to distribute, or sale, delivery or distribution, depending upon the amount of cannabis, is a felony punishable by imprisonment of between 1 and 30 years, and fines in between $100,000 and $1,000,000 under OCGA 16-13-30. Some potential defenses for PWID charges depending on the convictions are: Due to many factors employed to determine PWID charges, the cases often become complicated to defend. PWID Cocaine in SC. If you are charged with Possession with Intent to The defendants criminal record is important for judges is determining a sentence. Ariz. Rev. ct.1 : possession of methamphetamine with intent to distribute ct.2 : possession of a schedule iv controlled substance ct.3 : possession of a schedule ii controlled substance ct.4 : purchase, possession, manufacture, distribution, or sale of marijuana leanna wade state of georgia vs. comments: 3/27 2018sucr01154 lara todd page 1 of 37 As such, intent cases, sale cases, and trafficking cases are much more severe than their possession counterparts. The facts required to add the charge of intent to distribute on top of the simple possession could include the large amount, cash, baggies, scales, form of packaging, other people involved in moving the drugs, and more. Conspiracy to distribute a controlled substance and conspiracy to possess with intent to distribute cases arise when multiple people are engaged in the possession of drugs. Its very important to contact a defense attorney right away, especially if you havent been arrested or if you have been arrested but not yet charged. . For instance, a defendant is arrest for distribution of drugs which carries a sentencing range of 5-40 years in prison. The State of Louisiana and the Feds have decided what is considered a controlled substance. So, if you go out and buy an eight-ball to party all weekend and there is no evidence you are a drug dealer, you could get popped for an intent to distribute charge based solely on the amount of the drugs. to argue down drug trafficking criminal charges and work hard to reduce our clients' criminal charges while fighting for a dismissal of all charges. The defenses may lead to dismissal of your drug crimes case, winning the trial, or reducing charges from PWID to simple possession. Trafficking law can be quite confusing, call us for more information and a consultation on your case. Although this can be proven by the weight of the drugs, you can argue that you never intended to distribute the drugs if the drugs were intended for personal use, the charge should be simple possession and not PWID. The prosecution must prove "Intent to Distribute" by showing that the defendant had more narcotics or controlled substances in their possession than he or she would possess for self-use. In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. If you are convicted of PWID cocaine in SC, it carries up to 15 years in prison for a first-time offense. 50 grams or more of actual meth 280 grams or more of crack. We have Possession of Alprazolam (Xanax) 1-5 w/wo hard labor, Distribution, Manufacture or PWID Alprazolam 1-10 w/wo hard labor, Possession of Cocaine (<2g) 0-2 w/wo hard labor, Possession of Cocaine (2g 28g) 1-5 w/wo hard labor, Distribution or PWID (Possession with intent to distribute) Cocaine (<28g) 1-10 w/wo hard labor, Distribution or PWID Cocaine (more than or equal to 28g) 1-20 at hard labor, Possession of Ecstasy/MDMA (<2g) 0-2 w/wo hard labor, Possession of Ecstasy/MDMA (2g-28g) 1-10 w/wo hard labor, Distribution, Manufacture or PWID (<28g) Ecstasy (MDMA) 1-10 w/wo hard labor, Distribution, Manufacture or PWID (more than or equal to 28g) Ecstasy (MDMA) 1-20 at hard labor, Possession of Heroin and Fentanyl (<2g) 2-4 w/wo hard labor, Possession of Fentanyl (2g 28g) 2-10 w/wo hard labor, Distribution, Manufacture or PWID, Possession of Fentanyl (more than or = 28g) 5-40 at hard labor, Possession of Methamphetamine (<2g) 0-2 w/wo hard labor, Possession of Methamphetamine (2g 28g) 1-5 w/wo hard labor, PWID Methamphetamine (<28g) 1-10 w/wo hard labor, PWID Methamphetamine (>28g) 1-20 at hard labor. The penalties for "Possession with Intent to Distribute" are severe in Georgia. Our criminal defense attorneys, Patrick McDonough and Trinity Hundredmark, have a combined experience of more than 30 years representing clients facing criminal charges in Georgia. There are two major drug possession types: constructive and actual. If you are convicted of PWID cocaine in SC, it carries up to 15 years in prison for a first-time offense. Click. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. Serving Gwinnett, Fulton, Dekalb, Cobb, Clayton, Coweta, Douglas, Fayette, Henry, Barrow, Jackson, Clarke Counties and Beyond. possession with intent to distribute first offense georgia. 16-13-30(b). or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered . The threshold weight for possession with intent to distribute cocaine charges is one gram: (4) possession of more than: one gram of cocaine. Our drug defense attorneys know how to use Georgia drug trafficking laws to argue down drug trafficking criminal charges and work hard to reduce our clients' criminal charges while fighting for a dismissal of all charges. Get Answers Now. Some cases may be more complicated than basic examples, such as involvement with confidential informants among other possibilities. So, they will send the informant in with a wire and audio to make a controlled buy. you can still be charged with Possession with Intent to Distribute. Whether the drug in question is cocaine, crack, or meth, the same statute and penalties apply to PWID, distribution, or manufacturing of the drug: (B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver methamphetamine or cocaine base, in violation of the provisions of Section 44-53-370, is guilty of a felony. 966. If that amount was greater than 28 grams, you could be charged with trafficking. The penalties for PWID in SC are greater than the potential penalties for simple possession but less than the penalties for drug trafficking. If the type of drug is not heroin or fentanyl and the amount isnt too large, you may be able to get probation or better if youre criminal record doesnt look too bad. Both state and federal governments are serious about cracking down on the war on drugs, which means they dont tolerate the distribution of marijuana. PWID heroin attracts similar penalties to PWID cocaine and methamphetamine. Alaska Stat. Changes to the Way Search Warrants for Cell Phone Content Must be Obtained. Now, the judge cant go above 20 years on the sentence. The potential penalties are exactly the same as those for drug distribution or drug manufacturing charges, though. The minute that you are arrested the Prosecution has started to build their case against you. There are two major drug possession types: constructive and actual, though than the penalties for in... Convicted of PWID cocaine in SC, it carries up to 15 years in.! To dismissal of your case: possession of marijuana drug Crime Lawyer: hiring Best. 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