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Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
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i was arrested and got 4 charges-maintaining a common nuisance,

Customer Question

i was arrested and got 4 charges-maintaining a common nuisance, posession of meth, manufacturing meth and posession of percursers all class D felonies. I bonded out tha was on May 9th and today i got papers stating my charges are posession, maintaining, percursers all still class d the manufacturing was gone and two more charges which are dealing in meth and attempting to deal in meth both class B. I am wondering how does this happen? I defiantly haven't done anything after the arrest. Is there any chance for me, i have never had a felony before just a few driving convictions. I am willing to do whatever it takes-please give me some advice help!
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
What part are you talking about? The fact that charges were added?
Customer: replied 7 years ago.
yes how can they add the charges and can they re arrest me since they added them?
Expert:  Hammer O'Justice replied 7 years ago.
They can add charges up until the point you are tried or plead guilty, as long as they have probable cause to support the charges. There is no requirement that you be charged with everything at the same time. Sometimes they need time to investigate whether the facts support additional charges. They shouldn't be able to rearrest you, however, since it is all part and parcel of the same case. The only way they could try to get you back in jail is to have a bail hearing to have your bail increased or revoked due to the additional charges, which is not really likely at this point.
Customer: replied 7 years ago.
so since they delivered the paper from the court are those the final charges? There was absolutely nothing to support a charge of dealing. Could u tell me what they might have based that on? And what is attempting to deal?
Expert:  Hammer O'Justice replied 7 years ago.
In theory, they could add more charges, but it sounds like they've already charged you with most everything they can. In order to support a charge of dealing, they need some evidence of dealing. Otherwise they should have only charged you with possession with intent to distribute. Attempting to deal means you took a substantial step toward dealing...generally it is charged when a transaction is interrupted.

If you don't have a lawyer yet you should get one or hire the public defender. A lawyer can file what is called a discovery request, which requires the prosecution to produce documents relating to your case. That way you can see what evidence they are basing the allegations of dealing/attempted dealing on.
Customer: replied 7 years ago.

what other allegations are to base it on if a deal isn't interuppted?

Expert:  Hammer O'Justice replied 7 years ago.
Anything that shows you took a significant step toward distribution. It has to go beyond mere preparation, because preparation would fall under the possession with intent to distribute charge. For example, if you were caught on a wire making arrangements for a delivery but you never followed through, it would probably still qualify as attempted distribution.
Customer: replied 7 years ago.
ok you are helping so much. if there was no money or drug exchanged but just a percurser for a material object what would that fall under. no intent after that at all either. there honestly was no dealing at all.
Expert:  Hammer O'Justice replied 7 years ago.
Well, if you had made arrangements to hand it over at all, it could be attempted distribution. Distribution doesn't require the exchange of money or any item. All distribution means is that you give it to someone else. There doesn't have to be anything given in return. But preliminary discussions themselves probably would not rise to the level of taking a significant step; it would be enough to prove that the drugs were for giving away rather than personal use in a possession with intent situation.