What am I looking at?

[Kopyright]

So I was found with 4-5 grams of weed on me with 4 of my friends in my
neighborhood yesterday, while in my parked/shutoff car. A cop pulled up
before I could do anything about the weed (throw it in the glovebox and
lock it, or anything along those lines) so I was basically caught red
handed. I cooperated (sadly) and the cop let me go, but said that
charges would be pressed and I would have to "turn myself in" at some
point.



So here's my question, what am I looking at when it comes to
fines/sentences/whatever? I'm a first time offender, living in
Delaware. I know each state is different, but a good idea as to what I
may see in the future would be appreciated. Thanks a lot.



K.

[Alfa]

Please describe theevents more accurate. What did the LEO see and say. What did you say? Please list the evidence that he has. Weed, statements, your ID, etc.

[Nagognog2]

Good News: First time offender? Most likely probation for 6 months/1 year. You pay a monthly fee for the "service" of being onprobation.A fine of anywhere from $100 to $1000. Possible drug treatment program - YOU pay for this.IF, big IF, you plead guilty. Now the Bad News: This will go on your record so IF you are caught again - possibility of jail. Not sure about the laws in Delaware. But I would talk to an attorney. If you were not arrested, then anything you said to the officer is not admissible as evidence. An attorney can help you sort out if you should fight this and how. Quite likely the officer had no good reason to search and seize your alleged substance.


Best advice: Talk to an attorney. Do NOT talk to the police again unless an attorney has told you to. The attorney should be talking for you from here on out. Say nothing more about this without legal council. If you can't afford an attorney, call legal aid services in your area.Old addage: "I wasn't there. I didn't do it. My attorney's name is _______________ ." Period.

[bman1]

ome > State By State Laws > Delaware

Delaware
State Penalties PDF mandatory
Details About this report


Incarceration


Fine
Possession
Any amount misdemeanor 6 months $1,150
Within 1,000 feet of a school felony 15 years $250,000
Within 300 feet of a church, park or rec. center felony 15 years $250,000
Cultivation or Sale
Any amount felony 5 years $1,000 - $10,000
5 - 100 lbs felony 2 years MMS* $25,000
100 - 500 lbs felony 4 years MMS* $50,000
500 lbs or more felony 8 years MMS* $100,000
*Mandatory minimum sentence
Sale to minor
To person under 21 felony 5 years $1,000 - $10,000
To person under 16 felony
6 months MMS*
$1,000 - $10,000
To person under 14 felony
1 year MMS*
$1,000 - $10,000
Purchase from minor under 18 felony 5 years none
Purchase from minor under 16 felony 6 months MMS* - 5 years none
Purchase from minor under 14 felony 1 year MMS* - 5 years none
*Mandatory minimum sentence
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 1 year $2,300
Paraphernalia sale felony 1 years
Paraphernalia sale or delivery to minor felony 5 years
Details

Possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $1,150. If the possession or sale of marijuana occurs within 1000 feet of a school the penalty can be up to 15 years in prison and a fine of up to $250,000, and if it occurs within 300 feet of a church, park or recreation area the penalty can be up to 15 years in prison and a fine of up to $250,000.

Manufacture or delivery of marijuana in any amount is a felony, punishable by up to five years in prison and a fine of $10,000. If the sale of marijuana is made to a person under the age of 21, the punishment can be up to five years in prison. If the person is under 16 years of age, there is a mandatory minimum sentence of six months imposed. If the person is under 14 years of age, there is a mandatory one year minimum sentence imposed.

If marijuana is purchased from a minor under 21 years old, the sentence can be up to five years in prison. If purchased from a minor under 16 years old, there is a six month mandatory minimum sentence imposed, with a maximum sentence of five years. If marijuana is purchased from a minor under 14 years old, a mandatory minimum sentence of one year and no more than 5 years will be imposed.

It is a felony to traffic in marijuana and all violations have mandatory minimum sentences. For greater than five pounds, the minimum sentence is two years and a fine of $25,000. For 100 pounds or more, the minimum sentence is four years and a fine of $50,000. For 500 pounds or more, the minimum sentence is eight years and a fine of $100,000.

The use or possession of paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,300. The sale of paraphernalia is a felony punishable by up to two years in prison. Sale or delivery of paraphernalia to a minor is punishable by up to five years in prison.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Taken from normal

[motorhead]

Awesome post bman. Swim loves charts.

[elbow]

It is really unlikely that they would give you any jail time for a
small amount of marijuana. However, you should definitely get yourself
a good lawyer.

You should also check out a book called "Busted!" by M. Chris
Fabricant. It provides a really good run down of the whole drug war
criminal justice system, what all the gibberish means, how to behave,
how to tell if you have a good lawyer, etcetera. It is a really useful
book.



I'm sorry that this happened to you, good luck man, let us know how it goes.

[glogga]

So if you happen to get caught within 1000 feet from a school can get 15 years? You weren't within 1000 feet of school where you?




Edited by: glogga

[Pinball_map]

sweet jesus....im glad im canadian

[warandhate]

I'm glad i live in San Diego

[Pinkavvy]

I'm glad I'm a legal mdical user in a state that allows for medical use.

[Fuzz]

pinkavvy --- what state is that? Alaska?