possession with intent to distribute arkansas

Any information sent to Spodek Law Group via Internet e-mail or through the Spodek Law Group Web site is not secure and is done so on a non-confidential basis. According to the defendant's guilty plea and court documents, on May 2, 2022, law enforcement observed Levi Adams Westbrook, 30, meet with a suspected drug trafficker in the Minneapolis-St. Paul metro area. In this case, a successful defense would doom the charge for possession with intent to sell, but would admit to the lesser offense of simple possession of an illegal substance. Possession of less than 4 ounces of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. . No recipient of content from this site, client or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipients state. Official websites use .gov While many states are taking a softer stance against some drugs, Arkansas still has some very harsh penalties for people who are convicted of selling them. Counterfeit, fentanyl-laced pills are usually shaped and colored to resemble pills that are sold legitimately at pharmacies. Armed with a full understanding of Washington state law and decades of experience, the experienced lawyers at Will & Will have what it takes to defend you. The prosecution is the result of an investigation by DEA and the Dublin Police Department. This is a serious issue, as someones intentions are open to significant misinterpretation and exploitation by law enforcement. Knowing the details of the grading and diversion programs that apply to drug intent to distribute charges in New Jersey can be the difference between a harsh sentence and a fresh start. The case was investigated by the Federal Bureau of Investigation. Possession of cannabis with intent to distribute, or sale, delivery or distribution, depending upon the amount of cannabis, is a felony punishable by imprisonment of between 1 and 30 years, and fines in between $100,000 and $1,000,000 under OCGA 16-13-30. Civil penalties of up to $10,000 may also be imposed for possession of controlled substances, whether or not criminal prosecution is pursued. Copyright 2023 Shouse Law Group, A.P.C. This site is protected by reCAPTCHA and the Google, There is a newer version of the Arkansas Code, Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 4 - Uniform Controlled Substances Act -- Prohibitions and Penalties. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. Bureau of Alcohol, Tobacco, Firearms and Explosives. Secure .gov websites use HTTPS That means building a strong legal defense and avoiding some common mistakes. Gulfport: (228) 563-1560. Defendants can raise certain legal defenses to challenge or explain any evidence of their intent to sell a controlled substance. The current PWID law states it is illegal for someone to "possess with intent to manufacture, distribute or dispense, a controlled substance" but provides no specific weight, quantity amount or any other objective requirement to signify an individual was likely to distribute that controlled substance.This vagueness opens the door for law enforcement and prosecutors to charge people with . (1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101 [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12. St. Croix, VI - United States Attorney Delia L. Smith announced that Michael Antony Nelson-Gaet, 34, of Nicaragua, pleaded guilty before Magistrate Judge Emile A. Henderson, III, to conspiracy to possess with intent to distribute cocaine while on board a vessel subject to the jurisdiction of the United States. Regardless Of Where Your Case Is, Nationwide, We Can Help You. In Washington state, that particular crime is called possession with intent to deliver. Its a serious charge with severe penalties. We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. 5-64-442 - Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance. TTY: (415) 436-7221, Oakland: (510) 637-3680 Examples of circumstantial evidence of an intent to sell are: None of these pieces of evidence, by itself, necessarily proves the defendants intent. According to the defendant's guilty plea and court documents, on May 2, 2022, law enforcement observed Levi Adams Westbrook, 30, meet with a suspected drug trafficker in the Minneapolis-St. Paul metro . With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm. What City/County is your case located in? Most convictions for these drug crimes rely solely on circumstantial evidence. Controlled Substances Act. Possession of between 25 pounds and less than 100 pounds of marijuana with the intent to deliver it to an another individual is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000. The charge of possession with intent to distribute is a serious matter that demands your full attention. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. A good criminal defense attorney knows that there are several ways to fight drug charges. Your attorney may even challenge your knowledge of the substance altogether. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. Just because law enforcement only has circumstantial evidence that the defendant intended to sell the drugs does not mean that their case is weak. OAKLAND - Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit "M30" pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. 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. Every crime in California is defined by a specific code section. 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. Possession of a controlled substance is already a serious offense in Kansas. (j) Schedule V drugs. Therefore, hiring a knowledgeable and experienced drug distribution defense lawyer in New Jersey is an absolute necessity for anyone arrested in this context. - A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. If this path proves unlikely, your drug crime lawyer may then try to raise doubt about your intent to distribute. The law identifies the element of constructive possession as well. A person cannot be charged with possession with intent if he or she is found with less than 2.5 ounces and there is no other evidence of distribution according to Maryland 5-602 (b). 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. 21 U.S.C. Of course, one of these is physically having a particular substance in your possession. Prosecutors often have to rely on more indirect, or circumstantial, evidence to prove that you intended to deliver a controlled substance. The trusted criminal defense lawyers at Will & Will are here to help with that. The complaint alleges that Watson possessed approximately 130 M30 fentanyl tablets. Sufficiency of evidence of intent to distribute. Manufacturing between 25 pounds and 100 pounds of marijuana is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000. Schedule your free consultation today by contacting Billam & Henderson, LLC, Attorneys at Law. Possession of paraphernalia with purpose to grow marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. possession with intent to deliver (PWID). The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Prosecutors only have to show that the defendant intended for someone to sell the drugs.3. Possession with intent to distribute a narcotic drug or hallucinogenic drug is a felony that carries a maximum penalty of 20 years of jail time and a $15,000 fine. Possession of drugs ("controlled substance") with the intent to distribute or sell is a felony offense under Louisiana state law as well as under Federal law. Delivering 14g or less of marijuana to another individual, with or without remuneration if the person has 4 prior convictions is a Felony, punishable by up to 6 years in jail and a fine of up to $10,000. For instance, when police find drugs in a car, both the driver and passenger(s) can be charged with constructive possession of the same drug. The intent to distribute charges requires prosecutors to prove more than possession of a drug. What Happens if Youre Charged With Drug Possession With Intent to Distribute? (8) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a . Furthermore, if it was the defendants first offense, he or she may be eligible for a drug diversion program. More than 50 grams, the person is guilty of a Class C felony. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. If an officer tells you something along the lines of, Well conduct a search with or without your consent, and things will just get a lot worse for you, the judge might determine you were coerced into agreeing. 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. Participation typically entails completing five years of intensive supervision and rehabilitation. Please fill out the form below to receive a free consultation, we will respond toyour inquiry within 24-hours guaranteed. Have a question about Government Services? firearms or other weapons, significant cash, scales, packaging materials, cell phones, etc. The complaint describes a drug transaction where M30 pills, that are alleged to have been provided by Watson, were sold to an individual who subsequently died of an overdose. Possession of 2.5 to 10kg. NOTES: 1. Jackson, Miss. 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. Lake Village Chicot County Arkansas Arrests, Warrants & Most Wanted. 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 . Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. Second, the accused must have actually or constructively possessed the drugs. Manufacturing 100 pounds or more of marijuana is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000. Alternatively, your lawyer may ask the judge for a departure at sentencing in which an argument is presented for a shorter prison term. If the drug in question was a Schedule I or II narcotic, like amphetamine, or flunitrazepam, you can be charged with a Class B felony. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana. You were in possession of a controlled substance. In most cases, a low criminal history with a possession charge can lead to presumptive probation. The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Here are some things you should do: And here are some things you should not do: You may feel that you are in an impossible situation. Arkansas classifies not only well-known drugs like marijuana, heroin, and cocaine as controlled substances, but also the compounds used to manufacture them. 841. Arkansas may have more current or accurate information. 58-37-8(1)(a)(iii). Were ready to help you. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. You need to take action. Additional information regarding cannabinoids and proposed per se limits is available online. If youve been charged with this crime, you need to know what youre up against. U.S. Attorney Andy Luger says in May 2022, 30-year-old Levi Westbrook was observed meeting with a suspected drug trafficker in the Twin Cities area. The reason is simple: clients want white glove service, and lawyers who can win. This means its punishable by a fine as high as $300,000. March 1, 2023. References to a particular city, or state, in any article on this website does not mean that the firm has a physical office in that state or city. Get free summaries of new opinions delivered to your inbox! Subsequent convictions come with double the normal penalties. They must show you intended to distribute it, which requires they also prove the conscious knowledge of possession as well as plans for distribution. From the beginning, communication was prompt and thorough. 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. Others are incomplete, and will only reduce the severity of the drug charges. The consequences become even worse when an offender is charged with the intent to distribute those drugs to others. If you are found guilty of selling drugs, you can face time in prison as well as fines. A second or subsequent conviction will result in a doubled penalty. Please complete the form below and we will contact you momentarily. Karlos Laton Brown, 41, was sentenced on February 27, 2023, in U.S. District Court in Gulfport. One Pill Can Kill: Beware of pills bought on the street: One Pill Can Kill. 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