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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37019
Experience:  30 years legal experience
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my cousin has gotten charged with a half a pound of marijuana

Customer Question

my cousin has gotten charged with a half a pound of marijuana and a scale. this is his second offense. his first was a scale and a small amount of marijuana. they set him up, somebody had a few years over theyre head so they told on him to get off the hook, they got him on wired tape recorder, phone conversations, and they had a search warrant and found $5,000 in cash and a half a pound of marijuana, what is he lookin at and what is his best options??
Submitted: 7 years ago.
Category: Criminal Law
Expert:  LawTalk replied 7 years ago.

Good morning,

 

What state will he be prosecuted in? Sid state cops catch him or did the federal government?

 

Doug

Customer: replied 7 years ago.
the state was virginia, and it was cops that caught him
Expert:  LawTalk replied 7 years ago.
Good afternoon,

In Virginia, 1/2 pound is the dividing line between a felony and a misdemeanor. Was the amount in his possession more or less than 1/2 pound?

Doug
LawTalk and 7 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
just over he got charged with a felony
Expert:  LawTalk replied 7 years ago.
Good afternoon,

I'm sorry to hear that he got hit with a felony.

Here are the penalties for possession with intent to sell in VA:

Virginia Intent to Distribute Marijuana Penalties

Quantity

Charge

Penalty

Less than 1/2 oz

Misdemeanor

Up to 12 Months in Jail

Half an oz up to 5lbs

Felony

Up to 10 years in prison

More than 5lbs

Felony

Up to 30 years in prison


The absolute best advise I can give is that he needs a good criminal defense attorney who routinely handles drug cases. It is possible that your brother could help the cops too and in return plea down to a misdemeanor. However, as this is his second offense and the first one included possession of scales as well--which is then chargeable as possession with intent to sell, he will likely do at least a year in jail--even with a pela deal. Without a plea deal he can expect to do 2 to 5 if convicted.

I wish you well.

Doug