Legal Question in Criminal Law in North Dakota

Possession of a controlled substance with intent to sale

What is the charge for 1st time offense? Pulled over for broken taillight, saw bottle with 7 vicodin, was arrested for possession of controlled substance with intent to sale. In jail 2 days now waiting for judge to set bail. Live in Colorado, arrested on the way to Bismark, North Dakota. It's my fiance sitting in jail. I'm concerned, can't get a hold of anyone due to holiday weekend.


Asked on 5/26/07, 12:58 pm

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Possession of a controlled substance with intent to sale

Was he arrested in CO, WY, ND? The sight where has was stopped is the site of the offense. Bond should already be set. If not, it should happen Tuesday. If it happened in Colo, the charge would be PCS w/intent, a felony of the 3rd class, 4-16 years.

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Answered on 5/28/07, 6:10 pm
Ross Brandborg Brudvik Law Office

Re: Possession of a controlled substance with intent to sale

Where was he arrested? It sounds like you don't have enough information yet to determine what the charge will be. Your Fiance is going to have to appear in court, which will happen Tuesday. A Judge will set Bond, and then if the Judges bond conditions are met he/she could be released. It sounds like he/she is going to need a lawyer. Depending on his income it may be possible to qualify for a public defender, if he/she makes too much money then a public defender is not an option.

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Answered on 5/26/07, 1:06 pm


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