All of the charges for possession are also felonies. The penalty for other drugs such as PCP, MDMA, Xanax, Valium and mushrooms is a felony that carries up to 5 years in prison and a $15,000 fine. The Louisiana drug laws are found in Louisiana Revised Statutes 40966-970 and the federal laws are found primarily in 18 U.S.C. A first degree crime is the most severe and results in penalties that include up to 20 years in prison and a $500,000 fine. However, very small variations in the amount or quality of fentanyl create huge effects on the potency of the counterfeit pills and can easily cause death. United States District Judge Billy Roy Wilson sentenced Foster to 300 months for the distribution of fentanyl resulting in death, 240 months for possession of fentanyl with intent to deliver, 120 . Hes been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others. Its important to note that the New Jersey Supreme Court has recently imposed strict restrictions on the use of expert testimony from police officers who purport to know when facts indicate an intent. (a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Fake heiress accused of conning the citys wealthy, and has an HBO special being made about her. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. Nor does concrete evidence need to be provided showing such intent existed meaning police dont need to overhear you explicitly saying you plan to sell drugs. (1) Upon conviction of Paragraph (B) (3) or (C) (4) of this Section, possession with intent to distribute heroin or possession of heroin, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Code of Criminal Procedure Article 893. Official websites use .gov Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more. If you have a legal issue, call us for a consultation. SPRINGFIELD, Ill. (WICS) A Springfield man has been sentenced to 60 months and one day in prison for possession with intent to distribute a substance containing cocaine base (crack), possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. If the quantity exceeds what would be considered average for individual use, you may be accused of intent to distribute. Possession of 2.5 to 10kg. This drug is illegal for any purpose, and possession of even a small amount can be punishable by up to six months in prison and a $1,000 fine for just your first offense. If youre found with at least one-half ounce but less than 5 ounces of heroin, MDMA, heroin, or cocaine, at least 5 pounds but less than 25 pounds of marijuana, less than 100 milligrams of LSD, or 100 dosage units of a prescription drug like Xanax, Fentanyl, Suboxone, Oxycodone/Oxycontin, or Hydrocodone, youll be charged with a second-degree crime. That is punishable by up to five years in prisonand includes fines of up to $10,000. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved New Jersey Medical License Defense Attorneys, NJ Failure To Register as Sex Offender Lawyers, Lewdness and Indecent Exposure in New Jersey. Call Our Experienced Lawyers Today: 479-250-1962. They were so pleasant and knowledgeable when I contacted them. Officers also seized a .22 caliber pen gun from the passenger compartment. But prosecutors will argue that the totality of the circumstances paints the picture of someone who intended to sell the drugs. Spodek Law Group handles tough cases All visitors to our websites are told that Spodek Law Group may work with affiliate lawyers, also known as Local Counsel, in cities and states across the USA. San Jose: (408) 535-5061. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. Possession with intent to sell LSD: A defendant who has been convicted of possession with intent to sell LSD will typically receive a prison sentence, ranging between three to fifteen years, along with possible fines that start at $2,000 and increase up to $1,000,000 or more. (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance. A Philadelphia, Mississippi man was sentenced to 130 months in federal prison for conspiracy to possess with intent to distribute methamphetamine. Possessing 500pounds or more of marijuana is classified as trafficking and is a Class Y Felony, punishable by a mandatory minimum sentence of 10 years and a maximum of 40 years imprisonment. Everything was explained and any concerns After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. (1) Possession by any person of a quantity of any controlled substance including the mixture or substance listed in subdivision (d) (3) of this section in excess of the quantity limit set out in subdivision (d) (3) of this section creates a rebuttable presumption that the person possesses the controlled substance with intent to deliver. Participation typically entails completing five years of intensive supervision and rehabilitation. (8) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a . Some jurisdictions also impose additional per se laws. On the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison . The difference between illegal drug possession and possession with intent to distribute is significant in the Lenexa, KS, justice system. It must be established beyond reasonable doubt. 5-64-442 - Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance. People who are found with heroin in these locations can face increased penalties: If you are facing a criminal charge related to any illegal drug, you should explore your defense options right away. This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. An official website of the United States government. The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Additionally, the presence of firearms in a PWID case often . Arkansas classifies not only well-known drugs like marijuana, heroin, and cocaine as controlled substances, but also the compounds used to manufacture them. Manufacturing between 14 g and 4 ounces of marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. We only handle cases in Washington State. Except as authorized in the Drug Control Act ( 54.1-3400 et seq. Visit our California DUI page to learn more. That is punishable by up to 10 years in prison and fines up to $25,000. In New Jersey, not only are individuals who are caught selling or distributing controlled dangerous substances (CDS) prosecuted under drug distribution laws, but those who possess drugs with intent to distribute are also held accountable. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm. Possession with purpose to use paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. Fentanyl has now become the leading cause of drug overdose deaths in the United States. 4. Finally, if youre found with less than one ounce of marijuana, 5 pills or dosages of prescription drugs, or any quantity of a Schedule V drug, youll be charged with a fourth-degree crime. If the amount is far more than what one person would need for personal use, they may point to that as evidence. Montrey Trevell Paige, 30, is charged with illegal use/possession/control of weapons- crime of violence / controlled dangerous substance, distribution or possession with the intent to distribute . A California man was sentenced to a little more than 10 years in prison Wednesday after being convicted of possession with intent to distribute heroin. (3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor. Views: 27175. Terrell Trammell, 28, was sentenced to 29 years and four months years in prison for conspiracy to possess with the intent to distribute fentanyl and heroin, distribution of fentanyl, possession with the intent to distribute fentanyl, possession of a firearm in furtherance . Main Office:
Delivering 14g or less of marijuana to another individual, with or without remuneration, is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. If youre facing a drug intent to distribute charge in New Jersey, there are two diversion programs that could apply to your case. Spodek Law Group expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site. Any person who knowingly or intentionally creates, distributes, dispenses or possesses with intent to distribute or dispense a counterfeit substance shall be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, Henderson Legal Defense, LLC represents the residents of Kansas and Missouri, 2023 Henderson Defense Firm, LLC Attorneys at Law. Give us a call at 206-209-5585 or contact us online to schedule your free consultation today. Others are incomplete, and will only reduce the severity of the drug charges. - A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. During the month of October 2020, detectives with the 4th Judicial District Drug Task Force (DTF) were investigating, Kenneth Wayne Efurd, age 42, for drug trafficking. Relatively few cases have direct evidence of an intent to sell. For possession with the intent to deliver, the amount of heroin you have in your possession and the location where it was found can have a role in how the case is handled. Arkansas Democrat-Gazette, Inc. For instance, an officer might pull your car over for a minor traffic violation, such as following the car ahead of you too closely, and then search your vehicle. You're all set! In that case, your fine could climb to $100,000 for the first two kilograms and go up by up to $50 for each additional gram. Copyright 2023 NORML and The NORML Foundation, Get ready to legalize it, Oklahoma, on March 7. jointly acquire possession of a drug for their own use intending only to share it together, the crime is only possession of marijuana, not possession of marijuana with intent to distribute. If you would like to set up a free consultation with drug crime . Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. the defendant was arrested with a large quantity of drugs far more than he or she could use, personally. Bureau of Alcohol, Tobacco, Firearms and Explosives. Persons convicted of possession may also be fined for the reasonable costs of the investigation and prosecution of the offense. However, any sentence following a conviction would be imposed by a court only after considerations of the U.S. Please see the marijuana penalties section for further details. Those are some pretty severe penalties. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. 65-4107, and amendments thereto; It therefore doesnt matter if you sold the drugs to break even, for profit, or merely gave them away (as mentioned earlier). Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Thus, anyone facing such a charge should immediately seek the services of an experienced and skilled drug distribution defense lawyer to protect their rights and interests. 269 (2019);Commonwealth v. Jackson, 464 Mass. This type of crime would result in 12 years of prison time and $25,000 in fines (in Wisconsin). 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