James Franklin Wells, Jr: age 60, Hot Springs, Arkansas one count of Possession with Intent to Distribute More Than 50 Grams of a Mixture or Substance Containing a Detectable Amount of Methamphetamine 180 months imprisonment and 4-year term of supervised release. Please check official sources. What you do after you have been charged can have a huge impact on your case. If youve been charged with this crime, you need to know what youre up against. If youre facing an intent to distribute charge in New Jersey, understanding how the grade of the crime is determined is crucial. Defendants can raise certain legal defenses to challenge or explain any evidence of their intent to sell a controlled substance. Some common ones are: Some of these defenses are complete defenses if successful, they lead to an acquittal. During the month of October 2020, detectives with the 4th Judicial District Drug Task Force (DTF) were investigating, Kenneth Wayne Efurd, age 42, for drug trafficking. 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. In this case, a successful defense would doom the charge for possession with intent to sell, but would admit to the lesser offense of simple possession of an illegal substance. Court decisions have outlined factors that should be considered to determine whether the CDS is for personal use or to sell/distribute, including quantity, quality/purity, packaging, estimated value, equipment or supplies found with the drugs (e.g. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. How to Get the Charges Dropped, Revised Code of Washington, Section 69.50.401. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. To charge you with this crime is one thing, but the prosecution still has to convict you. Official websites use .gov The charge of possession with intent to distribute is a serious matter that demands your full attention. Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more. there was packaging equipment, such as boxes, baggies, scales, and packing tape, that were found with the drugs, the defendant was arrested in an area known to be used by drug dealers, or. If you want to avoid them, you will have to find a way to beat your charge. St. Croix, VI - United States Attorney Delia L. Smith announced that Michael Antony Nelson-Gaet, 34, of Nicaragua, pleaded guilty before Magistrate Judge Emile A. Henderson, III, to conspiracy to possess with intent to distribute cocaine while on board a vessel subject to the jurisdiction of the United States. Possession of between 100 pounds and less than 500 pounds of marijuana with the intent to deliver it to an another individual 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. 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. San Jose: (408) 535-5061. Even peaceful marijuana smokers sentenced to life MMS must serve a life sentence with no chance of parole. Crime news across America. A conspiracy is a kind of criminal partnershipan agreement of two or more persons to commit one or more crimes. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. A first degree crime is the most severe and results in penalties that include up to 20 years in prison and a $500,000 fine. With a plea deal, the prosecutor agrees to reduce the charge to one of presumptive probation. Manufacturing between 4 ounces and 25 pounds of marijuana is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000. The prosecution is the result of an investigation by DEA and the Dublin Police Department. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Its common knowledge that it is illegal to deal drugs. All states regulate and control the possession of controlled substances. 2. First, the prosecutor must prove that the substance in question was a controlled dangerous substance. ST. PAUL, Minn. - A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. The goal of this program is to treat an individuals dependency instead of putting them in prison. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. All of the charges for possession are also felonies. Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation. The Louisiana drug laws are found in Louisiana Revised Statutes 40966-970 and the federal laws are found primarily in 18 U.S.C. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. Hes been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others. A locked padlock Officers also seized a .22 caliber pen gun from the passenger compartment. After Westbrook exited the vehicle, officers saw a plastic bag with approximately one pound of methamphetamine on the front passenger floorboard where Westbrook was sitting. Less than 2 grams is a Class C felony. Give us a call at 206-209-5585 or contact us online to schedule your free consultation today. Those are some pretty severe penalties. If youre facing a drug intent to distribute charge in New Jersey, there are two diversion programs that could apply to your case. 65-4107, and amendments thereto; 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. 21 U.S.C. While it still leads to a conviction, the reduction is significant. LOUISVILLE, Ky. (WAVE) - A Louisville man was sentenced Friday to over 29 years in prison on multiple drug-related charges. What to know about filing your taxes, What are the duties of an executor in Arkansas, Updating your estate plan following divorce, 4 tips for small business owners to consider ahead of tax season. This means its punishable by a fine as high as $300,000. 58-37-8(1)(a)(iii). We only handle cases in Washington State. 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. The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Some jurisdictions also impose additional per se laws. ), and the location where CDS is found. A lock ( The type of drug and quantity possessed play a significant role in determining the degree of the crime under 2C:35-5. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. 5-64-442 - Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance. As with the substances listed above, the felony level of possession with intent to distribute is based on the quantity possessed: A level 4 felony is 25 grams or less That can come down to the amount of the drug(s) you allegedly had in your possession or what you had in addition to the drug(s) in your possession. (a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Prosecutors often have to rely on more indirect, or circumstantial, evidence to prove that you intended to deliver a controlled substance. In Kansas, the intent to distribute can be substantiated by the amount of a particular drug found in your possession. You need to take action. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely. This grid places people into one of three categories: presumptive probation, presumptive prison, or no presumption either way. For possession with the intent to deliver, the amount of heroin you have in your possession and the location where it was found can have a role in how the case is handled. That is punishable by up to five years in prisonand includes fines of up to $10,000. In this section, we offer solutions for clearing up your prior record. Direct evidence of the defendants intent to sell a controlled substance shows the defendants intent to do so, without the need for inference. 28 to 100 grams is a Class A felony. Suite 4.430 Shouse Law Group has wonderful customer service. The case was prosecuted by Assistant U.S. Attorney Erica Rose. Law enforcement will sometimes claim they received consent prior to searching a vehicle, but how that consent was obtained is important. The former is more likely to be eligible for pre-trial diversion, while the latter is much more serious and requires a strong defense strategy. Cultivation in Arkansas is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. U.S. Attorney Andy Luger says in May 2022, 30-year-old Levi Westbrook was observed meeting with a suspected drug trafficker in the Twin Cities area. Schedule your free consultation today by contacting Billam & Henderson, LLC, Attorneys at Law. Lets say youre found inside the car of a person who does intend to sell drugs. . nationwide, that demand excellence. Assistant U.S. Attorney Kenneth Chambers of the Oakland Branch of the United States Attorneys Office is prosecuting the case with the assistance of Leeya Kekona. Please check official sources. This state has medical marijuana laws enacted. Talk to a lawyer about your defense as soon as possible. the drugs were found during an illegal search that lacked probable cause. Revised Code of Washington, Section 69.50.401 states that it is not only illegal to possess, manufacture, or deliver a controlled substance, but also to possess a controlled substance with the intent to deliver or manufacture it. According to the defendant's guilty plea and court documents, on May 2, 2022, law enforcement observed Levi Adams Westbrook, 30, meet with a suspected drug trafficker in the Minneapolis-St. Paul metro area. 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. You can be charged based on much less overt evidence. All Rights Reserved. Bottom line, we're here to help you win your case. In this article, we will discuss SC law on possession with intent to distribute different types of drugs, including: This means the case will likely be dismissed. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. 2 to 28 grams is a Class B felony. Rating: +2. 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. Examples of circumstantial evidence of an intent to sell are: None of these pieces of evidence, by itself, necessarily proves the defendants intent. If they found the drugs on you or in your house or car, they likely have possession covered. Again, the first step in building a strong defense is to identify if the drugs can be kept out of court. NOTES: 1. A California man was sentenced to 25 years in federal prison for his involvement in a conspiracy to traffic over a quarter of a million dollars worth Jackson, Miss. The maximum fine is $500,000. Delivering between 25 pounds and less than 100 pounds of marijuana to another individual, with or without remuneration, 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. Bureau of Alcohol, Tobacco, Firearms and Explosives. Possession of between 25 pounds and less than 100 pounds of marijuana with the intent to deliver it to an another individual 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. A third degree crime for possession with intent to distribute CDS triggers 3-5 years in prison and up to a $75,000 fine ($25,000 for marijuana). If youre a first-time offender charged with a third or fourth-degree crime for distribution or intent to distribute, you may be eligible for PTI. Were ready to help you. The trusted criminal defense lawyers at Will & Will are here to help with that. Possession of less than one-half ounce of methamphetamine, cocaine, heroin, or MDMA, at least 5 doses but less than 100 of a prescription legend drug, or at least one ounce but less than 5 ounces of marijuana results in a third-degree crime charge. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. To prove this offense, prosecutors have to show the following elements of the crime: Note that the defendant did not need to intend to sell the drugs him- or herself. One of the most common federal charges against criminals is federal conspiracy with intent to distribute drugs, which is covered in 21 USC 841 and 21 USC 846 of the Federal Code. 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. This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. Several drugs were also found in Perry's possession, according to the affidavit. This is a serious issue, as someones intentions are open to significant misinterpretation and exploitation by law enforcement. It is enough to show that the defendant intended to distribute or deliver them, even when it was not in exchange for anything of value.1 This is why the drug offense is known under some states criminal law as: Preventing law enforcement from proving this element of the possession charge is crucial. 5 grams of methamphetamine. Also, if they found paraphernalia like scales, small plastic bags, various address(es) or large quantities of money, they could use that against you. Prosecutors only have to show that the defendant intended for someone to sell the drugs.3. (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. Of course, one of these is physically having a particular substance in your possession. 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. The intent to distribute charges requires prosecutors to prove more than possession of a drug. 4. The firm does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. The location where CDS is found possession with intent to distribute charges requires prosecutors to prove more possession! And the federal laws are found primarily in 18 U.S.C media outlets following it closely is to treat individuals... Of controlled substances of the crime is determined is crucial probable cause ( 1 ) ( a ) ( ). 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