RI POSSESSION WITH INTENT TO DELIVER MARIJUANA |
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In order to demonstrate that you had the intent to distribute marijuana, rather than simply possess a large quantity of marijuana, the police department that arrested you will attempt to identify additional indicators of an intent to distribute such as:
- Possession of large amounts of cash, and particularly smaller bills;
- Possession of multiple baggies either with or without marijuana in them;
- Possession of scales;
- Possession of multiple cell phones/beepers/pagers/pda’s;
- Lack of drug paraphernalia (pipes, rolling papers or bongs) which may indicate personal use rather than intent to sell;
- Ledgers/Address books/Client lists; and
- The location in which you were arrested.
In addition to the above factors, the police officer that arrested you will generally be allowed to testify in court as an expert in the area. He/she will generally say that in their “opinion” and “based on their training and experience” you had the intent to distribute the marijuana you were found to be in possession of.
It is important when being charged with RI possession with the intent to deliver marijuana in Rhode Island that you have the representation of an experienced and knowledgeable defense attorney. Attorney Matthew Marin is a highly skilled lawyer with experience defending those charged with possession of marijuana with the intent to distribute. As a career defense attorney, Attorney Marin has handled many possession cases, including possession with intent to distribute marijuana.
AVAILABLE 24/7 AT
401-228-8271
mm@matthewtmarin.com
Free Case Evaluation: To discuss your Rhode Island drug charges with an experienced and aggressive Rhode Island Drug Defense Lawyer, call 401-228-8271. I am available 24 hours a day, seven days a week.
POSSESSION WITH INTENT TO DELIVER MARIJUANA PENALTIES
Under Rhode Island Law, marijuana is classified as a Schedule I controlled substance. As you can see from the Rhode Island Statute provided below, anyone who possesses with then intent to deliver a controlled substance classified as a Schedule I drug, such as marijuana, is subject to the following penalties:
- may be imprisoned for not more than thirty (30) years;
- may be fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000)
RECENT POSS. W/INTENT TO DELIVER MARIJUANA CASE VICTORIES
CHARGES:
(1) POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
(2) DELIVERY OF MARIJUANA TO A POLICE AGENT
(3) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT
POLICE REPORT: The Police obtained information, from individuals involved in a recent arrest, that the Client was supplying large quantities of marijuana throughout the area. The individuals informed the police that the most recent delivery had occurred two days prior. Based on this information, the Police attempted to set up the Client by stopping the vehicle in which he was traveling the next morning, purportedly en route to another delivery. Upon stopping the vehicle, Police identified the Client as the passenger and located two ounces of marijuana on his person. The Client was able to produce a valid Rhode Island Medical Marijuana Patient card. Ignoring the Client’s medical and legal possession o f the two ounces of marijuana, the local Police charged the Client with possession with intent to distribute the marijuana on his person, delivery of marijuana to a police agent for the delivery that had occurred the two days prior, and felony conspiracy to violate the controlled substances act.
RESULT:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and case Filed for one year (no conditions) on 8/1/12
(2) DISMISSED
(3) DISMISSED
CHARGES:
(1) POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
(2) FELONY CULTIVATION OF MARIJUANA
(3) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT
POLICE REPORT: A local police department received information that suspicious narcotics activity was occurring at a residence in town. The police took up surveillance over the suspect house and witnessed an indoor grow facility operating from within the basement. The electrical bills for the house were obtained and confirmed that an extremely high amount of electricity was being utilized at the residence. A thermal imaging scan was done of the home and verified that an extremely high amount of heat was emanating from the basement. Based on the information obtained, the police executed a search warrant on the home. From within the home the police discovered an indoor grow of marijuana consisting of 44 marijuana plants and a sophisticated indoor hydroponics grow operation. Based on the evidence discovered from within the home the Client, a resident, was charged with possession with intent to distribute marijuana, felony cultivation of marijuana, and felony conspiracy to violate the controlled substances act.
RESULT:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and case Filed for one year (no conditions) on 1/25/12
(2) DISMISSED
(3) DISMISSED
CHARGE: FELONY POSSESSION WITH INTENT TO DELIVER MARIJUANA
POLICE REPORT: The Client was driving home from work when he failed to come to a complete stop at a stop sign and was stopped by a Police Officer. Upon approaching the vehicle, the Officer detected a strong odor of marijuana emanating from within the vehicle. The Officer asked the Client if he had anything within the vehicle, to which the Client handed the Officer a small amount of marijuana. The Client was arrested and searched. During the search, the Officer located over $1,700 in cash within the Client’s pocket. The Client was then charged with possession of marijuana with intent to deliver.
RESULTS: REDUCED TO SIMPLE POSSESSION OF MARIJUANA (MISDEMEANOR) and placed on probation for one year with one year suspended jail
CHARGES:
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: The Client was driving with his brother and a friend when he took a right hand turn through a green light without using a turn signal. A local police officer on patrol behind the Client’s vehicle activated his lights and sirens and halted the Client’s vehicle. Upon approaching the vehicle, the Officer detected an odor of marijuana emanating from the vehicle and asked the Client to exit the vehicle. Once outside, the Client explained to the Officer that the odor was his medicinal marijuana and showed the Officer his medical marijuana card. Inside the Client’s trunk the Officer noticed a glass jar containing marijuana, a digital scale, and a large stack of cash. The Officer then requested consent to search the Client’s vehicle which the Client provided. Upon searching the vehicle, the Officer discovered over seven ounces of marijuana, well above the two and one-half ounce limit provided by Rhode Island’s Medical Marijuana laws. Based on what the Officer discovered, the Client was charged with possession with intent to deliver marijuana and driving in possession of a controlled substance.
RESULT: ALL CHARGES DISMISSED after prevailing on the Client’s Motion to Suppress Evidence
CHARGE: FELONY POSSESSION OF MARIJUANA WITH INTENT TO DELIVER
POLICE REPORT: Campus security responded to a suite at a local college when a Resident Advisor reported the strong odor of burnt marijuana emanating from the suite. Upon arrival at the suite, campus security encountered the Client and began questioning him. After campus security threatened to search the room, the Client turned over 55 grams of marijuana, plastic baggies and a digital scale to campus security. The local police were called and charged the Client with felony possession with intent to deliver marijuana.
RESULT: AMENDED TO SIMPLE POSSESSION OF MARIJUANA and Filed for 1 year
CHARGES:
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A SCHOOL ZONE
(3) CULTIVATION OF MARIJUANA
POLICE REPORT: A neighbor reported a noise disturbance at an upstairs apartment. Upon approaching the apartment door, the Police detected a strong odor of marijuana emanating from within the apartment. The Police knocked on the door and the Client opened the door in reply. When the door was opened, the Police observed marijuana and evidence of marijuana cultivation in plain view. The Police then entered the apartment and seized two mature marijuana plants, planting material, and other marijuana cultivation tools. The Client was charged with possession with intent to deliver marijuana, distribution of a controlled substance within a school zone, and cultivation of marijuana.
RESULTS:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and Filed for 1 year (not a criminal conviction)
(2) DISMISSED
(3) DISMISSED
CHARGE: POSSESSION WITH INTENT TO DELIVER MARIJUANA
POLICE REPORT: Rhode Island State Police intercepted a package sent from California which was alerted as suspected narcotics by a detection dog. Police obtained a search warrant, opened the package, and discovered nearly one ounce of high grade marijuana. Police resealed the package, and delivered the package posing as Federal Express delivery men. Client, residing where the package was delivered, signed for the package. Upon signing for the package, Client was arrested and charged with Possession of Marijuana with the Intent to Deliver.
RESULT: DISMISSED AND EXPUNGED
CHARGES:
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) CULTIVATION OF MARIJUANA
POLICE REPORT: The police received a report from the Client's estranged wife that he was cultivating marijuana in his barn. Upon learing this information, the Police obtained consent from the estranged Wife to search the premises. During their search, the police discovered a large scale marijuana grow operation. They were able to identify nearly 40 mature marijuana plants growing under high powered indoor cultivation equipment. Based on the estranged Wife's statements and the evidence obtained by their search, the Client was charged with possession with intent to deliver marijuana and cultivation of marijuana.
RESULTS:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and received one year suspended ACI and one year probation
(2) REDUCED TO SIMPLE POSSESSION OF MARIJUANA and received one year suspended ACI and one year probation to run consecutive to count one
POSS. W/INTENT TO DELIVER MARIJUANA CASES IN THE NEWS
September 22, 2011VIA THE PROVIDENCE JOURNAL
Three men are arrested on drug charges in Newport
Three men were charged with drug offenses Wednesday afternoon after attempting to conduct a drug transaction with an undercover officer with the Newport Police Department, said Lt. William Fitzgerald. The undercover officer networked with contacts to try to find a drug dealer, Fitzgerald said, and was given a cell phone number. When the officer called the number, Fitzgerald said, the person who answered the call simply said, "You need some?" The undercover officer said yes, Fitzgerald said, and arranged a meeting. At 4:16 p.m., a car with three people inside was stopped on Broadway near Stone Street by Newport Police officers. Ayrson J. Gomes, 20, of 27 Vale St., Apt. 1, Pawtucket, was found to be in possession of 12.5 grams of crack cocaine distributed in 42 small plastic bags, Fitzgerald said. Gomes was charged with possession of cocaine with intent to deliver (a felony) and possession of marijuana, first offense. Eric Santos Dasilva, 21, of 590 Weeden St., Pawtucket, and Malcolm George Querido, 24, of 27 young St., North Providence, were charged with conspiracy of a controlled substance. All the suspects are to be arraigned Thursday in District Court.
June 7, 2011
VIA THE PROVIDENCE JOURNAL
Warwick Driver Charged With Possession With Intent to Deliver Marijuana
Police officers who halted a car Monday on Snake Hill Road arrested the driver on drug charges and confiscated a quarter-pound of marijuana, Capt. Joseph V. Mattera announced Tuesday. Mattera said that the driver, Nathan Bastien, 21, of Adelaide Avenue, Warwick, was charged with possession of marijuana with intent to deliver it, and possession of a knife with a blade longer than the legal three inches. Investigators also confiscated $1,200 from the trunk of the vehicle. Mattera said officers had received a tip about a pending delivery of marijuana. Bastien was brought before Judge Colleen Hastings of District Court, who released him in $50,000 bail pending a court appearance Aug. 9.
June 3, 2011
VIA THE PROVIDENCE JOURNAL
Medical Marijuana Card-Holders Arrested
Two suspects who held state-issued marijuana cards but who were picked up in a drug raid were released on bail Thursday after an appearance in District Court, Warwick. Detective Capt. Robert S. Nelson of the Warwick Police said detectives obtained a warrant to search the 55 Woburn St. home of Donovan C. Barnett, 48, and Donovan C. Hodgkinson, 27, on Wednesday. Nelson said the detectives confiscated 31 marijuana plants, a small quantity of marijuana and cash. The suspects were charged with cultivating and delivering marijuana. Although Barnett and Hodgkinson held marijuana cards issued by the state Department of Health, the amount of the plant they possessed exceeded the legal limit for growing it for medical reasons, Nelson said. He said also that they had sold marijuana illegally on several occasions.
POSSESSION WITH INTENT TO DELIVER MARIJUANA STATUTE
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(4) Any person, except as provided for in subdivision (2) of this subsection, who violates this subsection with respect to:
(i) A controlled substance classified in schedule I or II, is guilty of a crime and upon conviction may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
Rhode Island Marijuana Lawyer Matthew Marin defends those individuals who charged with possession with intent to deliver marijuana and other marijuana charges throughout Rhode Island, including the following cities and towns: Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket. If you have been arrested in Rhode Island and charged with possession with intent to deliver marijuana or other drug charges, call immediately for a free initial consultation and case evaluation with an experienced Rhode Island Marijuana Defense Lawyer. Attorney Marin is available 24/7 at (401) 228-8271.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
