Users' questions

How many years can u get for distribution?

How many years can u get for distribution?

Sentences for drug distribution and trafficking can generally range from 3-5 years to life in prison but can be substantially higher when larger quantities are involved. Drug trafficking/distribution is a felony and is a more serious crime than drug possession.

What is the difference between trafficking and intent to distribute?

What is the difference between “trafficking” and “intent to distribute” drugs? Both offenses involve the intent to distribute illegal drugs, but the laws against trafficking specify certain amounts of drugs. The laws on possession with intent to distribute do not specify any minimum quantities.

How much time you get for selling drugs?

Penalties for Selling or Transporting Drugs The sale or transporting of controlled substances is a felony offense in California. HSC §11352 sets the basic penalty for conviction at three, four, or five years in prison.

How to prove possession with intent to distribute?

A quantity that is more than a personal use quantity will be considered possession with intent to distribute and is sufficient to proof to convict a person. Of course, evidence that the accused was attempting to sell or purchase a larger than personal use quantity of drugs will be sufficient proof of possession with intent to distribute.

What does drug possession with intent to sell mean?

The second element to a charge of drug possession with intent to sell is the “intent” part. What this means is there must be some mental intent to sell or distribute the drugs to others.

How does the prosecution prove intent in court?

Proving Intent in Court. The prosecution must present evidence that is credible and sufficient to prove that it was the defendant who committed each element of the crime charged. This must be proven beyond a reasonable doubt to produce a guilty verdict. Since intent is a mental state, it is one of the most difficult things to prove.

Can you get a distribution charge dropped?

For example, a felony count of drug distribution can also have a charge for simple possession tacked on. In these instances, a defendant may agree to plead guilty to the major charge in exchange for the lesser charges being dropped.

What are the levels of drug charges?

There are different types of drug charges and drug crimes: (1) drug possession, (2) possession of drug paraphernalia, and (3) possession with intent to sell, manufacture or deliver, also known as trafficking.

How do you get a distribution charge?

Distribution is the act of selling, transferring, or importing controlled substances. If law enforcement catches you attempting to move drugs in any way, you may face distribution charges. But you do not have to be caught in the act of exchanging cash for drugs to be arrested on distribution charges.

What happens if you are convicted of possession with intent to distribute?

Possession with intent to supply Class A drugs will almost always justify a prosecution and likely prison sentence if the defendant is convicted of the offence. Every case of possession with intent to distribute is different and the outcome will depend on several factors.

Can you plead guilty to possession with intent to supply?

If you are caught in possession of a small amount of a controlled drug and charged with intent to supply, you may plead guilty to the charge of possession but not guilty to supply on the grounds that the drugs seized were for personal use only.

What’s the punishment for possession with intent to distribute in Nebraska?

In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of zero to two years in prison, while possession with intent to distribute methamphetamine and cocaine starts off with a sentence of at least one to 50 years.

What does it mean to have intent to distribute in SC?

Although SC law says that more than two grains of heroin is “prima facie evidence” of possession with intent to distribute, the State must still prove that you intended to distribute the drugs.

What happens if you are charged with possession with intent to distribute?

Most criminal defendants charged with “PWID” (Possession with Intent to Distribute) must post much higher bail and face much more severe punishment. Prosecutors have a lot of discretion in determining whether someone should be charged with simple possession of a controlled substance or possession with intent to distribute.

In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of zero to two years in prison, while possession with intent to distribute methamphetamine and cocaine starts off with a sentence of at least one to 50 years.

Is it a crime to possess marijuana with the intent to distribute?

Possession of marijuana with the intent to distribute is a separate crime from merely possessing marijuana. O.C.G.A. § 16-13-30 (b) states, “It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.”

Can a person be charged with simple possession?

The courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment.