21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
Before a criminal attorney contacts the prosecutor to initiate plea negotiations on your possession with intent deliver marijuana case, he/she must have an idea of your exposure to prison time. When it comes to possession with intent distribute marijuana, your exposure to prison time will depend on a number of factors. These include:
- Whether your case concerns marijuana bud or marijuana plants
- If anyone was killed or seriously injured
- Whether you have any prior convictions for a felony drug offense
- Your criminal history for other types of offenses
- The actual weight of the marijuana involved
- The number of unique criminal acts your case concerns
Depending on the answers to these questions, a criminal attorney can forecast what level you will score at when it comes to sentencing. A criminal attorney is also able to manipulate this analysis by playing with the different types and numbers of charges you plea to.
A criminal attorney will want to minimize the amount of criminal conduct contained in your plea agreement because this will effect sentencing. A careful review of the indictment and the sentencing guidelines is necessary. For example, knowing whether a minimum mandatory sentence applies and whether or not a person qualifies for a “Safety Valve” reduction is a necessary step before communicating with prosecutors.
Ultimately, a criminal attorney needs to know where you sit before he starts any serious plea negotiation. Modeling your potential sentence using the indictment and the U.S. Sentencing Guidelines will help your criminal attorney accomplish this task.
Communicate with the Prosecutor:
Possession with Intent Distribute Marijuana in Miami or Fort Lauderdale
Once a criminal attorney has had a chance to assess your case, your situation, and figure out the different possibilities of how you might be sentenced for possession with intent to distribute marijuana, the next step is to contact the prosecutor and initiate plea negotiations.
The process can be very fluid and encompass much back and forth.
The forces the effect a plea agreement are great. While a lot has to do with the case and the actual defendant, a lot can also vary from prosecutor to prosecutor. Frankly, some prosecutors are very professional and a pleasure to work with, attorney to attorney, while others can be extremely unprofessional and very nasty to work with.
Regardless of the type of prosecutor one has, the bottom line is that certain things will never change. First, the prosecution must be able to prove that you are guilty of possession with intent distribute marijuana. Second, any sentencing enhancement that they wish to obtain must also be proven and be supported by the sentencing guidelines.
This is where a talented criminal attorney comes in.
The art of plea negotiation is not easy. It requires experience, knowledge of the law, and a criminal attorney who knows when and how to be diplomatic and aggressive. Everyone’s possession with intent distribute marijuana case is different and what works in one case, may not necessarily work in another.
However, should plea negotiations fall apart, you next option is to plea open to the judge or proceed to trial.