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I forgot to add a few things.
After you have been arrested with these charges. The cops will immediately go to a judge and get a warrant to search your house or place of residence and find the mother load if thats where you keep it! Also any cash you have on you or at your residence will be confiscated as evidence. Your car will be confiscated as evidence and possibly forfeited if convicted, depending on state! Same goes for your house.
Just some more to think about.
It all depends on the laws of you State an city. I had 1 bag = 1 blunt an they tried to say i was traffickin. But then they found another person wit a lot more than me an i seen my window to disappear on them an i did. As on the other side of town i was pulled over (light was out over my plates) i had 2 halfs an police took 1 an left me 1 so it all depends on the state,city,police,an most of all your Laws
When they come to your residence an do not find anything they can't take no money. An if you get a really good lawyer you can file a civil suit against them. 3 or 4 civil suits against them if you when they cannot legally come in your place unless they have really hardcore evidence against you and it still hard for them to get an okay. An it just don't make sense if you got a mother load at home to be out doing stuff to draw attention to you or your place of residence.:rastasmoke:Quote:
Originally Posted by Jerry Garcia 2007
Sorry to keep posting but to your main question Yes in majority of places if there is anthing on your scale a lilttle leafs anything and you have over a quarter usually they try to charge you with trafficing. I just had gone threw alot of diffrent charges an happy to say i beat them all. But agagin sorry for all the back to back posting.
it all depends on where you live. a scale does not automatically get you trafficking charges. you will get possesion with intent to distribute. cops always through around charges to try to intemidate people. here is the federal guidlines for what constitutes trafficking.
DEA, Federal Trafficking Penalties
less than an ounce is nothing. in a couple of cities around my area (dallas) you can posses up to 2 ounces and it's just a ticketable misdemenor offense with the police having the option to take you to jail.
and yes they could therotically get a search warrant and search your residence i highly (no pun intended, although i am blazing at the moment!) doubt they would waste the time and man power to do so. and yes if they found enough they could seize all of your porperty, cash, cars etc. i'm not sure what the cutoff point for seizure is.
anyhow. hope that helps some. and if they do try to stick you with trafficking charges any decent lawyer and most public pretenders (court appointed attorneys) could and should beat it. more than likely they will try to plea bargin with you. either guilty for your current charges for lesser sentincing or guilty to lesser charges. and even then you would probably (depending on your previous record) get probation anyway. misdemeanor at that.
but be careful becuase probation is a trap. it sounds good, especially if they offer you deffered adjudication. make sure to consult with your lawyer and if they offered you deffered ask them:
1. what class misdemeanor is it (C, B, A)?
2. when i'm done do can i file a motion of non-disclosure? (this allows you to file a motion that will keep people from seeing your charges/adjudication depending on your state/local laws. basiacally it allows you to say no when asked have you been convicted of.... on job and apartment applications. if they look into it still shows up so makes sure to ask about this!)
3. if i can file a motion of non-disclosure how long do i have to wait. (some charges have a waiting time after completion of probation (community supervision) before a motion can be filed. this can be a couple of months to a couple of years. some charges don't allow the filing of said motions. this is usually for more serious charges such as assault or sexual assult etc. it is not limited to these. i'm just giving you an idea about my state/local laws.
they might offer you jail time instead. you might consier it depending on your job, and ability to sit it out. if you can't get deffered or can't file a motion afterwards and it's gonna show up regardless this might be a better option for you. probation sounds good but ends up costing you more time and money than it's worth, depending of course! you usually get commnity service and sometimes drug classes and evaluations that cost more on top of your monthly probation/restitution/court costs/fines.
hope this helps a bit. make sure to talk to your lawyer! ask questions. know what's going on and know your options! understand the long term.
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i wouldnt be carrying a scale period because if you happen to run into a mean babylon he would go hard out here in ny if you get caught wid baggies alone they would go hard to charge you with intent to sell my best advice is scale it inside n toss tha loose bags :rastasmoke: