Drug Crimes Legal Questions

I would need to know more of the facts to answer your questions.  For instance, does he have a prior record? What is the drug they are alleging was involved? How much (quantity)? Is he charged with Corrupt Organization? And what county did this happen in? I would highly recommed that your brother have an attorney represent him this.  Please call me at 215-968-6602 Keith Bidlingmaier... Read More

Without retaining an attorney, her only option is to write the judge and ask if they would do that.  That is something that should have been done at the sentencing on the bad check and not returning rental property charges.  There is a very high likelihood that the sentence will not be changed. Thank you, This answer does not create an attorney/client relationship. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read More

Miranda rights must be administered before an officer interrogates you about a crime, and makes comments which are likely to invoke an incriminating response.  I would need to know more about the facts of your case before I could give you an answer that is relevant to your specific situation.  But if your question is simply whether an officer needs to read you Miranda rights to place you under arrest, the answer is no (though they should).  A field inquiry, an investigative stop and and an interrogation are all different levels of questioning conducted by the cops, and your rights vary depending on which type of questioning occured.  However, your question does not actually discuss if/ when the questioning occured.  Feel free to contact my office should you have any further questions.  (732) 609-3915.  I wish you the best of luck. ... Read More

Most likely, after reviewing the evidence that the police provided, the Prosecuting Attorney decided to file additional charges, which is within their authority. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.comThis answer does not create an attorney/client relationship.... Read More

possession with intent to distribute is a serious offense depending upon the amount of the pot. how much pot did you have ? what were the circumstances ? what is your prior criminal record, if any ? the answers to these questions will dictate what happens to you, including whether you can keep your license. please call. ed dimon, esq. 732-7971600... Read More

In RSMo. Section 195.010(40), Missouri defines a synthetic cannibinoid as follows:  (40) "Synthetic cannabinoid", includes unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including but not limited to any substance listed in paragraph (ll) of subdivision (4) of subsection 2 of section 195.017 and any analogues, homologues; isomers, whether optical, positional, or geometric; esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation, however, it shall not include any approved pharmaceutical authorized by the United States Food and Drug Administration; Thank you,  Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

That sounds like a very good defense to your case.  The prosecutor can charge you if he/she believes there is a probable cause that a crime occurred.  However, to prove you guilty, the prosecutor has the burden of proving every element of the case against you beyond a reasonable doubt.  You need to get an attorney to defend your rights. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

If you are on probation it is within a judge's discretion to allow you to use medical marijuana.  There is a difference between formal and summary probation - on summary or informal probation, you do not have to check in with a probation officer. However, you most likely signed a form that included a 4th waiver, which means the police can perform searches without a warrant.   Keep in mind, if the amount you possess is less than an ounce, it is an infraction that comes with a fine not to exceed, but will most likely be, $100. California Health & Safety Code Section 11357(b).... Read More

The maximum penalty for a first offense of possessing marijuana is 30 days in jail and a fine up to $500.  Upon conviction you also automatically lose the privilege to drive in Virginia for 6 months.  Here are the statutes: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-250.1 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-259.1 Upon conviction you will also lose eligibility for federal student aid for one year. That is the worst that can happen.  Many courts throughout Virginia do not impose jail for first offenses, and deferred dispositions are frequently granted allowing you to avoid a conviction by complying with certain orders of the court. Depending on the facts and circumstances of your case (which you should not share on the internet or in public) you may not be convicted at all.  You should consult with several criminal defense attorneys to get a better feel for what the realistic possibilities are in your case.... Read More

you would have to file a 'motion to suppress' the evidence based upon the failure to be given your 'miranda warnings'. you have the burden of proof. this is a difficult burden because the police will testiffy that they read you your miranda rights.  do you have a criminak record ? have you had a previous 'conditional discharge' ? ed dimon, esq.... Read More

Your public defender could still argue for the SIS at sentencing.  If you don't live in the county of sentencing, then you would not be eligible for their drug court.  Being in the drug court program would make it more likely that you would receive the SIS from the judge.  I don't know enough facts of the case, nor your background, or judge to tell you that you would or would not get the SIS.  If you keep your open plea, they will not lower to possession.  You have already plead guilty to distribution.  At this point, the judge would let you withdraw the plea most likely.  After sentencing you would not have a chance to withdraw the plea if the judge did something you didn't like. Thanks, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

Yes, for all practical purposes a "high court misdemeanor" is treated as a felony, because by definition it is one. MCL 761.1(g) "Felony" means a violation of a penal law or this state for which the offender, upon conviction may be punished by death or imprisoned for more than 1 year or an offense expressly designated by law to be a felony. MCL 750.7 "Felony" The term felony when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. A "High Court misdemeanor" carries a maximum penalty of 2 years in prison, making it a felony ... Read More

The time limit for filing an appeal is governed by MCR 7.204 (for felonies) and is jurisdictional. That means if you do not file in the time allowed the Court lacks the authority to her the Appeal. A claim for an Appeal of Right must be filed within 42 days. If you requested an appointed Appellate attorney and were denied you have 42 days from the date of the order of denial. You may file an application for Leave to Appeal within one year of he order being appealed, however the Court does not have to hear it. It may deny the application without considering the merit of the appeal. ... Read More

As with any criminal case it is impossible to tell you what sentence you will receive as it is up to the Judge hearing the matter.  However, most of the time defendants are given some form of probation involving paraphernalia cases with drug treatment.  Did you enroll into any type of drug rehabilitation? What county did this occur in?   Keith J. Bidlingmaier, Esquire KARDOS, RICKLES, BIDLINGMAIER & BIDLINGMAIER626 South State StreetNewtown, PA  18940(215) 968-6602 - Telephone(215) 968-6915 - Fax  ... Read More

Jeffery: One of the standard conditions of probation is that you not acquaint yourself with persons who are violating the law. Having a roommate who sells marijuana may qualify.    You should contact an attorney and discuss the matter in person. The attorney can assist you in working through this problem with your probation officer and represent you in any potential charges.   You can contact me directly for more information.   Steven Berne (404) 881-5335  ... Read More

First I need to know what township and county this happened in.  However, it is not that simple as paying a fine.  You must be turned in on the warrant first to start this process.  After which, you could be scheduled for a preliminary hearing.  Please call us if you are in the Bucks COunty area. 215-968-6602... Read More