Is there a difference between having 10 hydrocodone pills(vicodin 5/500) & 13 pills? My son was charged with posession of hydrodocone after a routine traffic stop. Shortly after, It was changed to trafficking in hydrocodone 4-13 grams, He only had 10 pills but theyโre saying he had 13, Iโm just wondering if he only had 10 would it still be considered trafficking ? His first offer from the state was 5 years & He has an addiction heโs been in trouble for this sort of thing one time previously for possession of oxycodone.
The severity of the penalty for a charge can be directly related tot he amount of the controlled substance. In Michigan, it is based on weight in grams. Also, the greater the quantity, the more likely you are charged with intent to deliver Again, this has a higher penalty.
The number does not make a difference in this case, charges would be the same. Why they did what they did, you can speculate as well as me. If he doesn?t have an attorney, get him one. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right.
You BETTER HIRE AN ATTORNEY. They ALWAYS try the "trafficking" OR "running a drug establishment" charges! This is SERIOUS STUFF. The traffic SEARCH MIGHT BE INVALID. Your attorney could argue that. If he has an ADDICTION . . . your attorney can "play that card" for a reduction of some sort. YOU WILL NOT BE ABLE TO DEAL W/O AN ATTORNEY.
He CAN be charged with possession with intent to distribute. Whether the charge can be proved beyond a reasonable doubt is a separate, better question which is best answered by an attorney, in his office during an appointment.
Under state law, there is no difference for those amounts - see below. But, it could be different in Federal Court. If person only possessed and never intended to distribute, that is a defense to "intent to distribute" and the prosecution has to prove it beyond a reasonable doubt. Get a lawyer, do not talk with police or prosecution without a lawyer. 18-18-403.5. Unlawful possession of a controlled substance. (1) Except as authorized by part 3 of article 22 of title 12, C.R.S., or by part 2 or 3 of this article, it is unlawful for any person knowingly to possess a controlled substance. (2) A person who violates subsection (1) of this section by possessing: (a) (I) Any material, compound, mixture, or preparation weighing four grams or less that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed in schedule I or II of part 2 of this article except methamphetamine commits a class 6 felony. (II) Any material, compound, mixture, or preparation weighing more than four grams that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed in schedule I or II of part 2 of this article except methamphetamine commits a class 4 felony. (b) (I) Any material, compound, mixture, or preparation weighing two grams or less that contains any quantity of methamphetamine commits a class 6 felony. (II) Any material, compound, mixture, or preparation weighing more than two grams that contains any quantity of methamphetamine commits a class 4 felony. (c) Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article except flunitrazepam or ketamine commits a class 1 misdemeanor 18-18-405. Unlawful distribution, manufacturing, dispensing, or sale. (1) (a) Except as authorized by part 3 of article 22 of title 12, C.R.S., or by part 2 or 3 of this article, it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance ?. (3) (a) Unless a greater sentence is required pursuant to the provisions of another statute, any person convicted pursuant to subparagraph (I) of paragraph (a) of subsection (2) of this section for knowingly manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, or inducing, attempting to induce, or conspiring with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute an amount that is or has been represented to be: (I) At least twenty-five grams or one ounce but less than four hundred fifty grams of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance as listed in section 18-18-203 or 18-18-204 shall be sentenced to the department of corrections for at least the minimum term of incarceration in the presumptive range provided for such offense in section 18- 1.3-401 (1) (a) with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for at least the minimum term of incarceration in the presumptive range provided for such offense in section 18-1.3-401 (1) (a) as modified pursuant to section 18-1.3-401 (10) with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute; (II) At least four hundred fifty grams or one pound but less than one thousand grams of any materia
The number of pills will be determined by evidence. Sorry, but you some is in deep trouble and needs a defense attorney, as well as the desire and help to beat his addition.
The offer of 5 years sounds extremely harsh for possession of 10 or 13 hydrocodone pills. The first major issue is whether the pills are for personal consumption or for sale. It would seem to me that it should not be a hard argument to make that even 13 pills are for personal consumption and not for distribution. Unless there are other factors that you are not disclosing, your lawyer should be able to have this charge amended to straight possession, which carries no more than a probationary sentence. I certainly hope that your son has a lawyer.
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