Legal Question in Criminal Law in Virginia

Selling pot in dorm room

I'm a STUPID college freshman (19) charged with

2 class 5 felony charges: possession with intent to

distribute marijuana (2.2 ounces 18.2-248.1), and being

within 1000 feet of a school (my university 18.2-255.2). It's

my first offense, clean record. I spilled my guts

to the authorities and they have all the proof they need

(baggies, scales).

My lawyer (former DA) felt the best strategy was for me

to go to the prosecutor and tell all (rat on my sources) in hopes that they

would reduce the felony charges. Well, in the meantime,

the prosecutor has accepted a judgeship and has washed his

hands of all of this. Now, the new prosecutor is also

charging me with selling within 1000 feet of a school.

If I'm convicted what is the most likely case scenerio?

Is there anything that I can do

to help my case? I now realize what a GIANT problem I had with pot and don't want to go to jail. I've just completed an intensive drug

treatment program. Any way to avoid these felonies and avoid incarceration?


Asked on 4/27/04, 11:29 pm

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Selling pot in dorm room

This question has been previously submitted and answered.(The SIS disposition is what you should be looking for.)

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Answered on 4/28/04, 8:52 am
Richard S. Stolker Uptown Law, LLC

Re: Selling pot in dorm room

Please arrange to see an attorney as soon as possible. The charges are serious but qualified counsel can help you avoid the worst of it. If you do not have an attorney, contact the Bar Association in the county where the charges are pending.

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Answered on 4/28/04, 9:37 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Selling pot in dorm room

Your Dad was already here. Your former lawyer pursued a strategy I would not have advised, since you did not get anything in return for ratting out your friends.

You will probably survive this.

What you should learn from this is:

1) Don't "spill your guts" or otherwise cooperate with police or prosecutors. They are not your friends. You have the right to remain silent and to not consent to searches. Use these rights. Next time, say nothing.

2) Don't snitch on your friends, take the fall yourself.

3) Virginia may be for lovers, but it is not a haven for stoners. It boggles the mind that any jurisdiction would incarcerate a 19 year old, or anybody else, over 2.2 oz of MJ. If you want to toke up, you are probably better off relocating to one of the many states that have more liberal MJ laws.

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Answered on 4/28/04, 4:56 pm


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