Caught with 1 1/2 oz. charged with possession with intent to deliver in Pennsylvania

Discussion in 'Legal Issues' started by vanillachaos01, Aug 24, 2011.

  1. vanillachaos01 vanillachaos01

    • New Member
    • Since: Aug 24, 2011
    • Posts: 8
    I need serious valid legal knowledge as to what is going to happen to me. First time offender, if they stick the intent to deliver charge for 1 1/2 oz's what am i looking at? is there any chance i can get away with just paying a fine and being on probation or is there a mandatory minimum jail sentence. this happened in northampton county, PA.

    Thanks,
    -Eddie
  2. stoneygreenbud stoneygreenbud

    • Super Moderator
    • Since: Oct 31, 2005
    • Posts: 6,518
    according to norml, you could get 30 days jail & or a 500.00 fine and thats just for 30 grams or less.

    if they stick you with the (intent to deliver) charge, that could really sting you but good.

    IMO, I would lawyer up, and quickly.

    but it also looks like a first offender, has the possible option of probation.

    either way, you are gonna want/need a lawyer.

    ~Stoney~



    Possession of 30 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. The penalties for possession of greater than 30 grams increase to a possible one year in prison and a fine up to $5,000.
    Delivery for no remuneration of 30 grams or less of marijuana is treated as possession with a possible penalty of 30 days in jail and a fine up to $500. Cultivation, delivery or sale of 1,000 pounds or less is punishable by up to five years in prison and a fine of up to $15,000. For amounts greater than 1,000 pounds, the penalty increases to a possible 10 years in prison and a fine up to $100,000. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime. Sale or distribution to a minor by a person over the age of 21 doubles the possible penalties.
    Delivery of marijuana within 1,000 ft of a school or within 250 ft. of recreational playground is punishable by 2-4 years in prison.
    Possession or sale of paraphernalia is punishable by up to one year in jail and a fine up to $2,500, unless the sale was to a minor, in which case the possible penalties double.
    For first offenders, the court may grant probation without verdict.
    Any second or subsequent drug conviction increases the possible penalties to twice those for first time offenders
  3. 1956 1956

    • Sr. Member
    • Since: Jul 23, 2008
    • Posts: 2,765
    I would lawyer up, and quickly.

    Agreed

    Your not going to get serious, valid, legal info on a marijuana web site.
  4. stoneygreenbud stoneygreenbud

    • Super Moderator
    • Since: Oct 31, 2005
    • Posts: 6,518
    I tend to disagree on that statement.

    He just rec'd the best advise anyone here could have given him.

    "I would lawyer up, and quickly"


    I think thats the best legal advise that could be given here.

    ~Stoney~
  5. Buzzby Buzzby

    • Buddhist Curmudgeon
    • Since: Aug 27, 2004
    • Posts: 40,846
    Chances are that your lawyer will plead you out on simple possession, getting the possession-for-sale charge dropped.
  6. 1956 1956

    • Sr. Member
    • Since: Jul 23, 2008
    • Posts: 2,765
    Stoney, I agree. Too often I see post with legal advice by members who have also mentioned not being old enough to have a drivers license in other threads.
    Friday night, I'm studying for a pre-employment UA and have 1/2 an oz of assorted varieties at my disposal. Guess I'll have to drink beer.
  7. superman420 superman420

    • New Member
    • Since: May 17, 2011
    • Posts: 1,579
    I hope you are a tough guy who is good with his hands. If not, then prison is going to suck for you. Literally. :eek:
  8. Naethyn Naethyn

    • New Member
    • Since: Aug 26, 2011
    • Posts: 64
    Getting a Lawyer, and explaining to him that your a First Offender will be good, because every state has required FO Programs, which 'help teach citizens who've deviated from the ethical path' in most states and you could easily just serve 30 Days... in a minumum security jail cell most likely and a little fine that would just be a few weeks pay. and then probation for 6 months.
  9. superman420 superman420

    • New Member
    • Since: May 17, 2011
    • Posts: 1,579
    Or he could rat someone out and not get any jail time or record. :D
  10. DankBud420 DankBud420

    • Member
    • Since: Jul 4, 2011
    • Posts: 67
    im soooo fucking glad i live in Canada!
  11. CivilMinded CivilMinded

    • Active Member
    • Since: Feb 16, 2011
    • Posts: 658
    that's a dick move.
  12. superman420 superman420

    • New Member
    • Since: May 17, 2011
    • Posts: 1,579
    True but I'm sure it happens more times than you can count, am I right?
  13. vanillachaos01 vanillachaos01

    • New Member
    • Since: Aug 24, 2011
    • Posts: 8
    After getting an attorney they told me i was eligible for a program called ARD for first time offenders granted the DA approves my request. If he does not approve it for whatever reason, i'll have to go and testify in front of a jury. My defense for possession is for my anxiety. I'm currently seeing a therapist who has agreed that i have anxiety disorder and mild depression. What are the chances i can convince the judge and jury that this case has nothing to do with intent to deliver and that my use is solely for personal medication given that my therapist has diagnosed me accordingly. have others tried this argument in court before and what has the verdict usually been? I'm going to ask the judge and jury for their compassion in understanding my situation and hope that they will see that i had no intention to deliver the marijuana to anyone and that this is a case of posession. I'm still 50/50 about whats going to happen. any CREDIBLE advice is much appreciated.

    Thank you
  14. CivilMinded CivilMinded

    • Active Member
    • Since: Feb 16, 2011
    • Posts: 658
    It happens all of the time. But I'm just saying, it's not something that I would do.
  15. mikeysakkinen mikeysakkinen

    • Member
    • Since: Jun 6, 2011
    • Posts: 284
    Being a minor fucks ya for real
  16. mallitia95 mallitia95

    • Sr. Tokemaster
    • Since: May 13, 2011
    • Posts: 4,197
    Hope you dont get a room full of republicans to judge wether your guilty.
  17. superman420 superman420

    • New Member
    • Since: May 17, 2011
    • Posts: 1,579
    It won't work. You're not in a Med Pot state and you can't use medical reasons for a defense.
  18. superman420 superman420

    • New Member
    • Since: May 17, 2011
    • Posts: 1,579
    Democrats will throw your ass in jail just as quick.
  19. vanillachaos01 vanillachaos01

    • New Member
    • Since: Aug 24, 2011
    • Posts: 8
    This happened back in may. I just found out i got approved for ARD and everything will get expunged off my record. no jail time, just probation for a few months. Please people, before you post on here like you know what ur talking about put the bong down for a second and think whether or not u actually know what ur talking about. i posted on here to get valid opinions of people who may have been in my situation before, not some potheads speculating.

    thanks
  20. superman420 superman420

    • New Member
    • Since: May 17, 2011
    • Posts: 1,579
    You want valid legal advise then just listen to a fucking lawyer. :rolleyes: BTW...how'd that medpot defense work out for you?

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