Possession v. Delivery

Possession-with-Intent-to-Deliver Possession-with-Intent-to-Deliver

I was arrested with 8 grams of powder cocaine. My lawyer tells me that the case is a three to six year mandatory. I thought that only possession with the intent to deliver (pwid) carries a mandatory and knowing and intentional possession (k&i) does not carry a mandatory. I also thought that 8 grams is a one to two year mandatory?

When you are arrested, someone at the police department or the district attorney’s office decides what your charges will be. Usually in an 8 gram case the district attorney’s office is involved. You can be charged with anything that suits the district attorney, but at the preliminary hearing, the judge should determine what if any charges should proceed to trial.

In general, the district attorney only charges possession with the intent to deliver (pwid) in certain scenarios: 1. observed sales; 2. believed sales; 3. quantity; 4. social sharing. I have seen all of these many times.

Your situation is quantity. I get more questions about mandatory sentencing in regard to quantity then for any other type of possession with the intent to deliver (pwid) charge. In general, if the district attorney can show that the amount of narcotics with your possessed was too great for any single individual to consume, they can charge possession with the intent to deliver. At trial, I often see the district attorney call an expert witness to explain why they think large quantity equals possession with the intent to deliver.

In regard to the mandatory, you are correct: the mandatory only applies to possession with the intent to deliver (pwid) not knowing and intentional possession (k&i). Based on my experience and and based on the way you said that your lawyer told you it was a mandoatory, I am confident to say that with 8 grams, you have been charged with possession with the intent to deliver (pwid).

As far as the mandatory being three to six instead of one to three, that is because you have a prior conviction for possession with the intent to deliver. If you do not have a prior conviction, your lawyer is mistaken.

13 Comments on Possession v. Delivery

  1. This comment has been removed by the author.

  2. I have a quick legal question. I am 22 years old. On July 17, at 1:30AM, a few of my neighbor kids ages 16, 15, 15, and 14 knocked on my door and asked me to take them to Walmart and they would pay me $10. I said yes. On the way home, though we were pulled over for a minor traffic offense. The kids parents were called (luckily I know them and they got a good laugh out of it), but the police threatened to charge me with “contributing to the delinquency of minors” for having them out past curfew. They didn’t charge me though and let me go, but what would the degree of this charge have been? Punishment if found guilty? What would be a defense you would employ for a defendant charged with this at trial? If the kids refused to testify or testified for the defense, would I be able to beat these charges (had I been charged)? Could a story be sold to a jury? I’m just curious. Thanks Brian. Thanks for the other legal answer, too.

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  4. Furthermore, the one 15 year old kid had a pack of marijuana on him that he threw out the window. The cop did not see this though. I did not know he had it on him until I saw the car and he said something. Had they found it, what would the degree of the charge have been? I don’t do drugs or any of that stuff. I am not like that. I now know better than to take stupid kids anywhere. I’m not doing it anymore.

    The police later found out about the pack of marijuana, but it was weeks later and they didn’t have the pack. They found out about it when one of the stupid kids was accused of rape. That night came into question and to make a long story short, all three kids were interviewed and one of them mentioned the marijuana out the window. Again though, no charges. The police said they really didn’t care about that minor infraction, because they were more worried about the rape allegation and that traffic stop was outside of their jurisdiction to boot.

    Thank God. Just give me a clue of what I escaped. Thanks Brian.

  5. Brian J. Zeiger, Esquire // at 2:00 am // Reply

    Lets start at the top of the first post. I am not sure what the degree is of “contributing to the delinquency of minors” in PA. No matter. If you have no criminal record, you are not going to jail for the offense. The defense at trial would be that you were absolutely NOT contributing to their delinquency at all. You were trying to ensure their safety. As an adult, you were giving them safe transport to and from walmart, a local business. Would the cops prefer they hitched? walked? skate-boarded? You were the responsible adult. By the way jury, why did he even get pulled over? This is nonsense!

    I am not sure if the kids are necessary at trial, but i would think their ages are hearsay, but i am sure a good DA could file some type of motion to get around this.

    Your second question is a bit jumbled. Obviously, if you knew that the 15 year old had just raped someone and you transported him away from the crime scene, that is felonious behavior. The weed is of no moment to me, its diminimus in regard to the overall story to me.

    Keep asking the questions!

  6. I have no criminal record except for traffic tickets and even those I have acquittals on some. First off, the answer to the rape is that I did not transport him. See, there were four minors: two sets of siblings: brother, 16 and brother, 15: the second set of siblings: brother, 15, and sister, 14. The 16 year old boy allegedly raped the 14 year old on June 16. This thing with the traffic stop happened on July 17. She reported the rape to the police on July 19. The reason I was pulled over was driving the wrong way on a one way street. I was lost and turned down a one way street. I was let go. The 15 year old had the weed on him and tossed it out the window. I had no idea he had it on him until we passed up the cop, he said something, and then tossed it out the window. I live in Ohio by the way. I was just curious about what, if any jail time, I could have gotten for what they said was contributing to the delinquency of minors. I was surrounded in minutes, but they did let me go. Thanks, Brian.

  7. P.S. as I have said before, they never found the weed. The police learned about it weeks later when interviewing the kids about the alleged rape. They had a documented stop in which the alleged victim and rapist were together over a month after the alleged rape had occurred. I don’t believe she was raped. I know this because the stupid little girl told me, my younger brother who is in high school, and my cousin that she was just bored that night and needed something to do. (Her parents found out so she needed to concoct a story.) The part in parentheses is my inference because her parents found out; the first part was what she said in exact words. The 16 year old neighbor boy has not been arrested so they really have no case. I think that, if they did, he would have been arrested by now, right?

  8. Also, I did look up the law in Ohio and it does say it can be contributing to the delinquency of minors if you keep them out past curfew without parental permission. It was too confusing to find out what the degree of the charge would be.

    Whatever the case may be, I believe I have learned from the mistake and will no longer be taking those stupid little kids anywhere for any money at that time of night. It was stupid on my part. I told that to the 15/14 year old’s father and he laughed at it and said the we all make mistakes; just don’t let it happen again. I’ve known him and his kids since I was 14 from local baseball leagues. His kids were 7 and 6 at the time, but they were still in the local league and stuff.

    The incident was more embarrassing than anything else. It was the fact that they were seriously thinking of impounding my car and arresting me. Most of them were laughing in the end though and making jokes because I was lost 2 miles from home and didn’t know what city I was in. In fact, I argued with him that I knew I was in Oakwood, but didn’t know where and the one cop said, “This isn’t Oakwood; it’s Glenwillow.” Anyway, I was at fault; I was just curious of the degree of the misdemeanor. It’s probably an M3 or M4 I’m going to guess for first offense.

  9. Brian J. Zeiger, Esquire // at 6:39 pm // Reply

    There is nothing criminal about what you did and you are not related to the rape in any way.

  10. Good. I feel relieved. You’re a good guy. How long have you been a lawyer? I definitely feel better after talking to you. I’ll keep in touch with other questions.

  11. Hey, good news. The kid’s grandfather said that the Prosecutor dropped the rape case because of insufficient evidence. He just told me so I feel better about that. Thanks for your help in clearing up the few situations I have given you.

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  13. Anonymous // at 9:43 pm // Reply

    Hey, Brian, it’s Nick again. Just wanted to ask whether you would mind if I put you as a link on my blog. Should you choose not to be a link, I’ll remove you. I’m really impressed with your blog and your advice. I commend you for your hard work. Thanks for all the help.

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