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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I was just arrested with 3 grams of marijuania. They were given

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I was just arrested with 3 grams of marijuania. They were given to me in three tiny bags. The house was being watched and I got pulled over. I told them they couldn't search but a drug dog was called in. I know three grams is tiny and a misdemeanor possession charge but they are charging me with intent. Will the intent be dropped? I plan to get a lawyer because I'm not willing to work with the cops. What will likely happen?
This is in Arkansas.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

Hi

 

Do you have any prior offenses? If so, how long ago?

Customer: replied 6 years ago.
No I dont
Expert:  Samuel II replied 6 years ago.

Hi

 

Thank you for that information

 

To get a conviction of possession of marijuana with intent to distribute, the state is required to prove two elements

 

1 -  that you knowingly possessed marijuana, and

2 - that you had the intent to distribute it.  

 

Possession of drugs may be demonstrated by evidence of either actual or constructive possession.

 

In order to meet the elements for intent to distribute, the state may call witnesses who may testify that you had made the purchase and told of how you intended to sell it. Additionally, the fact they were in separate bags could also allow them to show the only reason was because you were then going to distribute it

 

The penalty for anything less than an ounce is 1 year and $1000.

 

Since this is a first arrest and no conviction, if you can plead out to just the possession you may be able to get a probation with a suspended sentence

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

 

Customer: replied 6 years ago.
Are the chances good I can just plead out possession? I never intended to sell. It was for personal use.
Also did they need a reason to pull me over in the first place?
Expert:  Samuel II replied 6 years ago.

Hi

 

They had a reason if they saw you come from a house they suspected of drug sales. There is no additional need for probable cause. If they can show they had the house under surveillance for awhile and you left the home, they have not violated your rights in that regard

 

It is up to the District Attorney to decide on a plea. Many times, they will want to use you for testimony against others and they will downgrade your charges in exchange for the testimony. You will need to convince the DA they don't have enough evidence to get conviction. This is where a local attorney will be most-beneficial for you to help negotiate with the DA for the plea

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

 



Edited by Samuel-II on 10/1/2010 at 4:14 AM EST
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