But the facts making these two criminal cases are different. If you have been arrested for Possession with Intent to Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. Their penalties are specified in SC Code Section 44-53-375. Depending on the type of drug and amount of drugs, you could be facing a mandatory minimum sentence. Depending on the type of drug and amount of drugs, you could be facing a mandatory minimum sentence. sell or distribute the drug that is in his possession. Suppress. In fact, they are all considered the same intent to distribute charge. It is a probatable offense and one that we may allow the defendant to file a motion to expunge his record after successful completion of probation. Drug possession penalties can range from suspension of a driver's license and probation for a minor first offense to substantial . Do not delay in starting your defense! 50 grams or more of actual meth 280 grams or more of crack. Services are not available in all states. The contact form sends information by non-encrypted email, which is not secure. Rating: +2. The information contained on this web site is for informational purposes only and does not constitute the provision of legal advice. Northwest Georgia Publications. A Cumberland County man facing 3-15 years in prison after being indicted for felon in possession of a weapon pleaded guilty to a lesser offense and agreed to a two-year prison sentence. For example, drugs found in your pocket or cigarette pack is actual possession. PWID Cocaine in SC. Copyright2023 Law Office of David B. Tarr All Rights Reserved Website by Social Spark Media. 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. Many times, confidential informants will tip off the police that the defendant had a stash that he was in possession with intent to sell. A legal defense to this charge is the accused persons lack of intent to possess and knowledge about the presence of drugs. Generally, Schedule I and II are the most severe, followed closely by Schedule III, IV, and V. This is no different for intent cases. If your passenger has drugs, does that mean the drugs are yours? In California, the courts are divided into two systems: federal and state. This means 28 grams of cocaine will carry a lower sentence than 28 grams of heroin. The PWID is classified as a felony offense if the offender is on a subsequent offense and bumped more if found in possession of more than one controlled substance. In this chapter, a method for modeling the operation of a system by describing its Due on Sale Clause. Mortgagor shall not sell, convey or otherwise transfer any interest in the Premises (whether voluntarily or by operation of law), or agree to do so, without Mortgagees Furnishes valuable information and assistance to police; Was not the leader of the criminal operation; Did not cause bodily injury or death to another; or, To be convicted of possession with intent to distribute in Georgia, the State Attorneys must prove that the defendant actually possessed the. 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. Mr. Larry Kohn could not have been more helpful. Possession Intent to Distribute / Drug Trafficking If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgia's tough drug laws, you are facing the real possibility of significant prison time. If you are charged with PWID heroin based on weight, the charges can be reduced to simple possession either by the prosecutor or by a jury at trial. It all depends on the jurisdiction and the amount of drugs. 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 . There are many reasons why a law enforcement officer may decide that the controlled substances found on your person, in your vehicle, or in your personal space are not just for personal use, but more likely for distribution. Under . Simple possession can be actual, joint, and/or constructive possession. The threshold weight for possession with intent to distribute cocaine charges is one gram: (4) possession of more than: one gram of cocaine. Both state and federal governments are serious about cracking down on the war on drugs, which means they dont tolerate the distribution of marijuana. There is an important difference between possession with intent to sell and deliver (PWISD) and simple possession. 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. The content on this posting is provided "as is;" no representations are made that the content is error-free. When facing drug-related charges in Georgia, it is essential to have legal representation you can trust. If you do Although fentanyl currently carries the same potential penalties as heroin charges, prosecutors and judges may feel that it is appropriate to give harsher sentences for PWID fentanyl, because of its higher potential for overdoses and the media attention that fentanyl overdoses has received in recent years. expert testimony that the amount was consistent with someone selling it rather The difference between possession with intent to distribute, and illegal drug possession, is significant in the South Carolina justice system. This is determined by quantity and circumstance, but not necessarily on the act of a sale of the substance in question. Understanding whats at stake for intent to distribute cases starts with understanding whos at risk from distribution. These are legal concepts used by the prosecutor and police to stick a simple possession charge on someone. Police will usually charge PWID, instead of simple possession, if a person is found with more than 15 ecstasy pills. 1 kilogram or more of heroin 100 grams or more of PCP. We know how to beat drug cases on many different levels. Customer: Hi, if a person is charged with possession of cannabis with intent to sell or distribute, is it possible for that record to be expunged? Even for smaller quantities, minimum prison sentences are often set at 10 years or more. Great lawyer helped me out a lot. It is illegal to have possession of a controlled substance with intent to distribute if you do not have a valid prescription from a doctor. Penalty. Distribute in Georgia, it is imperative that you hire an attorney quickly. DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship. For that reason, it is sentenced similarly to Schedule I and II offenses. Intent to supply is when the defendant had possession with the intent to break up the drugs with a scale and supply others through sale. Drug possession is a crime. Have you been charged with Possession of a firearm by a convicted felon in Walton County? He is professional but genuinely cared about the outcome. Can Drug Dealers be Charged with Murder after a Heroin Overdose? Possession with Intent to Distribute Laws in Georgia. Possession with Intent to Distribute or Dispense: The . The possession of these two drugs attracts a felony charge under South Carolina law. Possession with intent to distribute cocaine base, or crack cocaine, carries the same penalties as PWID powder cocaine: (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both; (2) for a second offense, the offender must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both; (3) for a third or subsequent offense, the offender must be imprisoned for not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Intent to distribute can also be proven by other evidence, like your statements, witness testimony, the way the drugs were packaged, or the presence of scales, ledgers, baggies, or other sales paraphernalia.. No less than 1 and no more than 10 years in prison. For all other controlled substances, drug possession is a felony charge. Possession with intent to distribute methamphetamine carries the same potential penalties and has the same threshold weight (one gram) as PWID powder cocaine or crack cocaine, and the penalties are found in SC Code Section 44-53-375. After negotiating, the prosecutor may end up agreeing to a reduced charge of attempted possession just so that the sentencing range is cut in half. you can still be charged with Possession with Intent to Distribute. if (typeof window.atnt !== 'undefined') { window.atnt(); }. Many defenses can exist in conspiracy drug cases. Also, we may be able to work a deal including the defendant completing drug treatment or some other rehabilitative program. Judges in Louisiana take fentanyl possession cases very seriously. Was an actual sale made? The penalties you will face for a marijuana distribution conviction depend entirely on the circumstances surrounding your case. Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. For example, if the defendant had 2 grams of cocaine, that is generally viewed as a personal amount and the charge would be simple possession of Schedule 2 drugs. Possession of more than an ounce of marijuana in SC is usually charged as PWID instead of simple possession maybe you dont sell weed and you intended to smoke it all, but police will still charge you with possession with intent to distribute if its more than an ounce. 11.41.120. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. It is also the worlds largest single market area. The Louisiana law does not differentiate between possession with intent to deliver versus intent to distribute or intent to sell. Possession with intent to distribute drugs in SC, or PWID, is the next step up from simple possession charges. He got my case dismissed and kept me out of a lot of potential problems with school applications and future job opportunities. Heres All You Need to Know , The scale of the drug a person possessed during the arrest. To prove the defendant had constructive possession, the prosecution must prove that the suspect and the illicit drugs belong to the defendant, although the defendant may not have the drugs on them. Second convictions are punished with a driver's license suspension of up to one year. Copyright 2022 Andersen, Tate & Carr, P.C. THIS IS AN ADVERTISEMENT. When I met him, he went through everything about the case and ways to fight it off first before even telling me about his services. Sentences for possession generally allow for probation as long as the quantity is low and the defendants criminal record isnt too bad. 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