Legal Question in Criminal Law in South Carolina
intent to distribute a controlled substance
8/20/04 my boyfriend was arrested and was charged with PWI to distribute a controlled substance. The police raided a house (in Va), after the raid was over he walked inside, and was caught with about $125 worth of crack and about $4,000 in cash.The same day he was arrested he was supposed to appear in a S. Carolina court b/c 6/04 he was charged with PWI to distribute marijuana. He received a letter from S. Carolina giving him the option to plead guilty and serve a 100 day sentence. He has until 10/04 to decide whether or not to plead guilty. His lawyer is no good, and keeps putting him ''off'' until the next day. This is his FIRST offense in Va and he has NO record and is only 19.What are the odds that the charge will be dropped down to simply a ''possesion'' charge? What sentence will he most likely get? If he pleads guilty to the charge in S. Carolina, how will this affect his situation in Va? Can you suggest any defense tactics we could use? We are currently searching for a new lawyer, but could use some advice on what we should be doing in the meantime! Please help us!! (sorry so long)
2 Answers from Attorneys
Re: intent to distribute a controlled substance
You haven't indicated which Virginia jurisdiction(city or county)is involved which could make a significant difference in addressing your first question.(The $4000 cash would definitely be considered an indicia of the intent to distribute)
Even a simple possession charge of crack cocaine
I believe is classified as a Class 5 felony in Virginia and, therefore, carries the possibility of a penitentiary sentence.
The defendant should make every effort to dispose of the Virginia charge before he enters a plea to the one in N. Carolina since matters are likely to go much harder for him in Virginia if the authorites in the Commonwealth learn of the N. Carolina conviction before sentencing him in Virginia.
Re: intent to distribute a controlled substance
I can't tell you whether or not to plead guilty to the SC charge, as I don't know the facts nor have I seen the evidence. Assuming that pleading is what your friend wants, there is another option that has worked well for a lot of people. That is, to tell the solicitor that he wants to plead "stright up." That means that he is not accepting the 100 day deal, rather he is pleading and leaving the sentence up to the judge. I have see people do that and get probation. However, I must warn you that the fact that he was arrested again in VA on another drug charge might make probation unlikely. Please do not take this in any way as being advise. I am simply telling you that there might be alternatives. Again, before I would actually tell a person what I think they should do, I would need to know the facts of the arrest and see the evidence. Good luck.
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