How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21386
Experience:  Handle criminal matters in both state and federal courts.
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I was just arrested with 3 grams of marijuania. They were given

Resolved Question:

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: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

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

Customer: replied 3 years ago.
No I dont
Expert:  Samuel II replied 3 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 3 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 3 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
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21386
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 2 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.