You posted that this is a "Federal Crime", I assume you really are charged with a state drug crime. Is that more accurate? I further assume you have retained a competent criminal defense attorney to represent you, if not, you need to do so ASAP!
The police can charge you with trafficking based upon all the facts they have: quantity, packaging, location, number of other types of drugs, drug notes, cell phone/text entries, use of an informant , recorder telephone calls, scales, bongs, straight-shooters, etc. It is up to your attorney to defend you and defend on personal use and possession not trafficking.
Get counsel now.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Your question is posted in federal crimes as the topic. I am not a North Carolina attorney, but I do practice in multiple federal jurisdictions. Generally speaking, however, in either state or federal court, even if a person is not caught in the act of selling drugs, he or she can be charged with the possession with intent to distribute. The prosecution still has to prove the crime, which requires specific intent, and in that scenario the surrounding facts and circumstances are very important, including how were the drugs packaged; did the person possessing them have money on or near him/her and in what denominations; how was any money bundled; was any conversation about distributing overheard or stated; was any confession made; and several other case specific facts. It is important to hire an experienced criminal defense attorney to analyze and present the best possible defense that the drugs were for personal use and not distribution if the facts support such a defense.
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You may be charged with the offense if the agents have probable cause to believe that you intended to distribute the marijuana; however, such does not necessarily mean that the prosecutor will be able to prove the "with intent to sell" element beyond a reasonable dout. That is a factual detrmination for the jury.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
Under North Carolina law the intent to sell is inferred based upon the amount. The amount threshold is determined by statute based on each controlled substance.
I am a former NC prosecutor and based on the limited information you provided, you would have a defense to PWIMSD Marijuana. However, you need to be concerned about the trafficking charges. Level 1 trafficking (as a State crime) carries a MINIMUM active sentence of 7 years in prison for a Schedule II (I am assuming you had pills). Without a prior record, PWIMSD Sch. VI (marijuana) is a class H felony and you couldn't get more than 4 months (which I have never seen for a first time offender).
In other words, get an attorney to address the trafficking charge and hope you can plea to the PWIMSD instead.
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.
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