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.

-shake

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headshake Reviewed by headshake on . does a scale count as traffiking?? hey everyone, i was wondering if having a scale with 18g of mj in your car would count as possession (a misdameanor) or would the scale and a couple loose bags make at traffiking (a felony) i usually carry my scale, some loose bags and less than 20g mj on me if im going to a friends house to hang out but was thinking i was beating a felony by having less than 20g on me but just didnt know if the scale fucks it all up???? any advise?? thanks in advance, Ronjohn Rating: 5