21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
Once contact is made with the prosecutor on your possession with intent distribute marijuana in Miami or Fort Lauderdale,a choice must be made. In some cases, it may be necessary to act quickly on the opportunity to cooperate. This is especially the case when your co-defendants are trying to cooperate with the prosecution as well. If cooperation is the direction your case must take, then it pays to cooperate as soon as possible.
However, some possession with intent distribute marijuana cases do not necessarily include co-defendants or for other reasons, there may be no rush to cooperate with prosecutors.
When that is the case or in the event that cooperation is not a possibility, the next step your criminal attorney must take is to review discovery.
STEP 3: Review Discovery / Investigate Case
Once you hire a criminal attorney for your possession with intent distribute marijuana, one of the things he/she will do is demand discovery from the prosecution. The concept of discovery is very simple. In essence, the prosecution has a duty to disclose all evidence it intends to use at trial, including investigator reports, a witness list, list of expert witnesses, audio recordings, documentary evidence, electronic surveillance, lab reports, and the like.
Discovery is usually provided to your criminal attorney within 1-6 weeks following your arrest and will vary in size from a few pages to tens of thousands of pages, depending on the case. Most possession with intent distribute marijuana cases do not have thousands of pages of discovery, unless there is a lot of email traffic or transcripts of wire tapped phone calls.
When a criminal attorney reviews discovery in a possession with intent distribute marijuana case, he/she is looking for a number of very specific things:
- Is there enough evidence for a conviction?
- Did law enforcement conduct an illegal search and seizure?
- Did law enforcement conduct an illegal interrogation?
- Is the statute of limitations triggered?
- Are there any jurisdictional problems?
- Is there a lack of evidence?
- Is there a conflict in the evidence?
- Are there any credibility problems with witnesses?
- Is a defense expert necessary?
- How does the defendant score under the Sentencing Guidelines?
Asking these questions may lead to the discovery of additional information or even more questions. In some cases, it is necessary to hire a private investigator to aid in the investigation of the possession with intent distribute marijuana charge.
STEP 4: Take Action
The next step in a possession with intent distribute marijuana case is to take action. What direction your criminal attorney wishes to take at this point can vary from case to case. Here are your options, when applicable:
- Substantial Assistance
- Motion to Suppress
- Motion to Dismiss
- Plea Bargain
- Trial
Substantial Assistance:
Possession with Intent Distribute Marijuana in Miami or Fort Lauderdale
As a threshold matter, a person charged with possession with intent distribute marijuana in Florida needs to decide if he/she will take their case to trial. At the same time, his/her criminal attorney needs to determine if there are any grounds for a motion to suppress or a motion to dismiss.
If trial and/or a motion to suppress or dismiss are not viable options, a person facing a possession with intent charge should then consider substantial assistance.