I got charged with possession of marijuana with purpose to deliver but only had two grams of it can I get off?
3 attorney answers
The other lawyer's answers are not specific to Arkansas. In Arkansas less than 4 ounces is considered a misdemeanor unless it is in multiple baggies, accompanied by a ledger, accompanied by other drugs, or accompanied by a measurement device such as a scale.
The alleged grinder would be considered misdemeanor paraphernalia (unless certain non-marijuana residues were found inside.)
The issue here is the scale and the possibility it was in multiple bags. You should call someone like me that likes drug cases. I would question you on your prior criminal record, how the search went down, where exactly you were, etc. If I find problems with the search (and there almost always are) this leads to suppression of the evidence or at least a chance of it which encourages the prosecutor to offer a plea deal that protects your record or ends up not being a felony. I would really need to know if this stop happened in a car or a house and then exactly what happened. Whose car? What statements did you make to the police? Don't post all this online go over it with a criminal defense attorney.
If this happened in Pulaski County, you don't know what judge you will get. Some courts are easier to plea this down to a misdemeanor than other - but before you think plea you need to try and beat the case. Call some local attorneys.
We are expressly not creating an attorney client privilege. While I am a criminal defense attorney, I am just speaking in general about the law in Arkansas and not your specific situation. I am not providing advice, I am just assessing a situation. If you are facing charges then it is serious, and you need to schedule a consultation with myself or another criminal defense attorney. My office is at www.lrattorney.com.
2 grams does not seem like a great intent to deliver case. I would need to know more though like did you make any statements or have a lot of cash.
The amount found is not as significant as the surrounding circumstances and the baggies and grinder look like selling. Can you get off? Possibly. Hire a good lawyer to help you. Good luck