21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
If substantial assistant is not an option in your possession with intent distribute marijuana in Miami or Fort Lauderdale case, then your next options are traditional plea bargain or trial. When a criminal attorney engages the prosecution in a plea negotiation, there are a number of steps that must be followed:
- Determine the prosecutor’s primary objectives
- Identify the prosecutor’s primary targets
- Calculate the defendant’s prison score according to the U.S. Sentencing Guidelines
- Re-calculate the defendant’s prison score using different plea agreement scenarios
- Communicate with the prosecutor
Determine the Prosecutor’s Primary Objectives:
Possession with Intent Distribute Marijuana in Miami or Fort Lauderdale
The first step in preparing a plea negotiation of trial, at this stage of the case (Step 4), is to determine the prosecutor’s primary objectives. Does he/she seek a lengthy prison sentence? Is the prosecutor seeking sentencing as a career offender, as a drug kingpin, as a repeat felony drug offender?
By understanding the prosecutor’s objectives in your possession with intent distribute marijuana case, a criminal attorney is able to assess the prosecutor’s high and low. It will tell a criminal attorney what aspects of a case are negotiable and which aspects are non-negotiable.
By understanding these boundaries, a criminal attorney representing someone in a possession with intent to distribute marijuana in Miami or Fort Lauderdale is able to develop a realistic negotiation strategy to get the best result possible.
Identify the Prosecutor’s Primary Targets:
Possession with Intent Distribute Marijuana in Miami or Fort Lauderdale
Knowing where you stand is just as important as knowing what the prosecutor’s objective is in your possession with intent to distribute marijuana case. In most cases of this type, more than one person gets indicted. For that reason, a criminal attorney must identify where you fit in the overall operation. Most importantly, where do prosecutors think you fit?
- Are you the leader?
- Are you a low level participant?
- Are you a supplier? A street level dealer?
- Are you the money laundering person?
- Are you a drug king pin?
- Are you a career offender?
- Are you a repeat felony drug offender?
- How long have you been involved?
- How much weight have you moved?
- How sophisticated were your actions?
- Did you take steps to evade detection by law enforcement?
These are not necessarily all the questions that may apply to your possession with intent distribute marijuana case. Everyone’s case is different and the questions that need to be asked can vary.
Regardless of the details, it is extremely important to know whether you are a primary target for prosecutors or a lesser target. This information is important because it will effect negotiations between your criminal attorney and the prosecutor.
Put simply, the more of a target you are for prosecutors, the more challenging it will be for your criminal attorney to negotiate a plea agreement.