He is in the process of being assigned an attorney. He has not spoken with an attorney. He has NEVER had any legal trouble...not even a traffic ticket. He is a good student, freshman year at college...you know the drill!
Distribution charges may also be made against a suspect if law enforcement finds drug distribution paraphernalia such as a large amount of cash, a scale, baggies, or other tools of the trade in a suspect’s possession. Depending on how the drug is packaged and where it was found, a suspect may face a distribution charge along with a drug possession charge. Distribution does not just mean the sale of drugs, but also includes the transportation of drugs.
Various factors can affect the penalties for a charge of intent to distribute drugs. Some of those factors include the type of drug, the amount of drug, and the suspect’s previous criminal record. Attempted sale to minors is also a very significant factor that enhances the penalties, along with distributing drugs near a school, park, or playground.
THERE IS A CHANCE THAT YOUR SON MAY BE ELIGIBLE FOR A CONDITONAL DISCHARGE FOR FIRST OFFENSE OF POSSESSION. If your son's attorney is able to enter into a plea bargain with the prosecutor, it is POSSIBLE that if your son pleads guilty, if he complies with any and all terms of a probation as set forth by the court, at the end of probation the charges will be dismissed and he will NOT HAVE A CRIMINAL RECORD.
The above is VERY important. If your son has a drug conviction, it can SERIOUSLY impact his ability to obtain employment, he will lose his drivers license, he will lose any government student loans and/or grants, he may be denied admission to graduate school and may be prohibited from obtaining professional licenses or other work related licenses.
Below is the WV statute for a conditional discharge.
§60A-4-407. Conditional discharge for first offense of possession. (a) Whenever any person who has not previously been convicted of any offense under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 401(c), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 408. The effect of the dismissal and discharge shall be to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial. No person as to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing, or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose. There may be only one discharge and dismissal under this section with respect to any person.
Hopefully, your son will speak to his attorney about the possibility of trying to enter into this type of agreement. If however, he is NOT GUILTY of the charges, then he has the right to have a trial before a judge or a jury. Based on the evidence admitted in the trial, the judge or jury will determine whether your son is guilty or not guilty.
Good luck to your family.
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