What do I do if I am being charged with possession and intent to deliver because of the amount I bought?
Asked on Oct 07th, 2015 on Criminal Law - Pennsylvania
More details to this question:
I have an attorney, just not very happy with the lack of work he is putting in. I was picked up buying pain pills from an informant who had put over $30,000 pain pills on the streets over 8 years. They left her, go to get me buying. She basically got a slap on the hand and a โdon't do that againโ. I told them they were mine for personal use and that I would not fight the possession charge. I was offered originally 1-5 years and refused it thru 6 status conferences well today they lowered it to 1-2 and I still refused so I am going to a jury trial. They say the only thing that is keeping this case open is that a female cops claims I told her I was going home to sell the pills when my 15 year old daughter witnessed the conversation and did not hear me say any such thing and I know I didn't. I am just trying to get some others opinions on what could happen because my lawyer only cares about getting more money when I've paid well over $6000 already for nothing. Also, the only trouble I have ever been in is a domestic case with my husband about 5 years ago. I am a mother who home schools her children, have been in treatment for my problem for over a year and also attend counseling on a biweekly basis. My counselor intends to testify as a character witness for me. I was an addict and have never lied or cheated for my addiction so, why would I start now?
This is a serious situation and you need to make sure your attorney understands your concerns. If the only evidence they have of intent is the amount of pills, and your alleged statement, it sounds like you have something to work with as a defense. Was your alleged statement done after Miranda warnings? And if they are going to try to use the statement at trial, did your attorney file a Motion to Suppress that statement. If your counselor can testify that you are addicted to pills and a user, then it sounds like the statement is the only evidence against you. Unless you are in one of these rural counties where the juries convict everyone and the police conduct sting operations to get someone to sell a joint, you may do well with a jury.
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