Legal Question in Criminal Law in Georgia

Possession w/intent

Charge: Possession of marijuana with intent to distribute

My brother was in the car with one of his friends and his friend that was driving was pulled over and charged with reckless driving, possession of marijuana w/intent to distrubute. My brother is 22 years old (he was 21 at the time) was also charged with possession of mari w/intent to distrubute. I believe he had about $20 worth on him (not sure of correct language to use). He went to court for an arraignment hearing last week in which he pleaded not guilty and was told he would have to come back to court in about 2-3 weeks for a trial. Can you please advise me of what normally happens in a case like this at the trial? He does not have any other convictions on his record besides a DUI charge which he received community service and probation for which he satisfied. He also has a leaving the scene of an accident/following to closely charge which he paid a fine to the court and his license was suspended for 120 days. Thank you in advance for your attention to this question. Any advice you could give would be greatly appreciated.

Thank you


Asked on 9/15/04, 1:04 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Possession w/intent

With no representation, your brother will most likely be convicted as being a party to the crime of possession with intent to distribute. Party to the crime means anyone who did anything in furtherance of the criminal scheme. Under some systems of criminal law, it is referred to as being an accessory (before and after the fact, depending on the cirmcumstances).

Even if he had no record, the charge of possession with intent to distribute likely will result in jail time and I would strongly recommend he seek representation. The sooner the better, because discovery (legal pre-trial disclosure of the State's case) needs to be done to see just what your brother faces.

Call if you would like to discuss this matter further.

Jim Hough

770-607-5300

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Answered on 9/16/04, 8:33 am


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