To prove this offense, prosecutors have to show the following elements of the crime: Note that the defendant did not need to intend to sell the drugs him- or herself. In this section, we offer solutions for clearing up your prior record. It must be established beyond reasonable doubt. As with the substances listed above, the felony level of possession with intent to distribute is based on the quantity possessed: A level 4 felony is 25 grams or less Knowing the details of the grading and diversion programs that apply to drug intent to distribute charges in New Jersey can be the difference between a harsh sentence and a fresh start. You may be able to beat your possession with intent to deliver charge. A second or subsequent conviction will result in a doubled penalty. This charge may be levied if a person doesnt have physical possession of a drug but does have knowledge of its nearby presence and is able to control it. Universal Citation: AR Code 5-64-442 (2014) (a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Jackson, MS 39201, Jackson: (601) 965-4480 We are available 24/7, to help you with any and all, challenges you face. People who are found with heroin in these locations can face increased penalties: If you are facing a criminal charge related to any illegal drug, you should explore your defense options right away. (8) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a . jointly acquire possession of a drug for their own use intending only to share it together, the crime is possession of a controlled substance, not possession of a controlled substance with intent to distribute. Henderson Legal Defense, LLC represents the residents of Kansas and Missouri, 2023 Henderson Defense Firm, LLC Attorneys at Law. Views: 27175. This form is encrypted and protected by attorney-client confidentiality. Amarillo man indicted on 'Possession with Intent to Distribute Cocaine' Erin Rosas 12/16/2022. Covered by New York Times, and other outlets. LOUISVILLE, Ky. (WAVE) - A Louisville man was sentenced Friday to over 29 years in prison on multiple drug-related charges. Regardless Of Where Your Case Is, Nationwide, We Can Help You. Disclaimer: These codes may not be the most recent version. Give us a call at 206-209-5585 or contact us online to schedule your free consultation today. A Bemidji man pleaded guilty to possession with intent to distribute after law enforcement officers found one pound of meth in the floorboard of his car. If they found the drugs on you or in your house or car, they likely have possession covered. If you have been charged with this crime, you cant simply sit and wait for the trial if you want to beat your charge. However, if you are accused of having more than two kilograms of the drug, your fine could be higher. The sentence is 15-60 years in prison with no possibility of probation. Manufacturing between 4 ounces and 25 pounds of marijuana is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000. 5 grams of methamphetamine. According to court documents, On September 11, 2018, FBI and MBN agents utilized a confidential informant to purchase methamphetamine from Karlos Brown and his co-defendant in the parking lot of Walmart on Denny Avenue in Pascagoula. The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. 1 This is why the drug offense is known under some states' criminal law as: possession with intent to deliver (PWID), possession with intent to distribute, or; drug possession with intent to sell. Arkansas Democrat-Gazette, Inc. As with the substances listed above, the felony level of possession with intent to distribute is based on the quantity possessed: A drug crime lawyer may use one of several tactics to defend you against the charge of drug possession with intent to distribute. Lock This site is protected by reCAPTCHA and the Google, There is a newer version of the Arkansas Code, Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 4 - Uniform Controlled Substances Act -- Prohibitions and Penalties. Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. Call our toll-free number, 1-800-342-7896, to discuss your case with an experienced case analyst. For example, arguing that the defendant did not intend to sell the drugs because they were for his or her personal use is an incomplete defense when the controlled substance at issue is illegal to possess, like methamphetamine, LSD, or cocaine. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. They can do this with either: Generally, that evidence does not require proof that the illegal drugs were for sale. This site is protected by reCAPTCHA and the Google, There is a newer version of the Arkansas Code, Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 4 - Uniform Controlled Substances Act -- Prohibitions and Penalties. San Jose: (408) 535-5061. He has many years of experience handling 100s of tough and hard to win trials. (1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101 [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12. (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) According to the criminal complaint, Watson, 18, of Contra Costa County, possessed numerous fentanyl M30 pills and intended to distribute them. More than 50 grams, the person is guilty of a Class C felony. But dont hire just any attorney. Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana. "Actual possession is the knowing, direct, and physical control over a thing." "Constructive possession exists when a Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. Revised Code of Washington, Section 69.50.401 states that it is not only illegal to possess, manufacture, or deliver a controlled substance, but also to possess a controlled substance with the intent to deliver or manufacture it. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. Possession of paraphernalia with purpose to grow marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. According to the defendant's guilty plea and court documents, on May 2, 2022, law enforcement observed Levi Adams Westbrook, 30, meet with a suspected drug trafficker in the Minneapolis-St. Paul metro area. Felony Drug Possession. This drug is illegal for any purpose, and possession of even a small amount can be punishable by up to six months in prison and a $1,000 fine for just your first offense. If youre facing an intent to distribute charge in New Jersey, understanding how the grade of the crime is determined is crucial. Please check official sources. This state has medical marijuana laws enacted. The possession of drugs is often a misdemeanor, which carries a prison sentence of under a year. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Both state and federal laws regulate these substances, though many state laws are based on the U.S. If youre facing a drug intent to distribute charge in New Jersey, there are two diversion programs that could apply to your case. 758, 763-63 (2013), citing Commonwealth v. Possession with purpose to use paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. The consequences become even worse when an offender is charged with the intent to distribute those drugs to others. A conviction can result in high fines and long periods of incarceration in either a federal or state prison. Spodek Law Group expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site. Specifically, marijuana laws have penalties as follows: First Offense: misdemeanor, jail time up to one year and/or a maximum fine of $1,000. Shouse Law Group has wonderful customer service. The reason is simple: clients want white glove service, and lawyers who can win. A lock ( I was searching for a law firm with some power to help me deal with a warrant in New York . You can explore additional available newsletters here. While many states are taking a softer stance against some drugs, Arkansas still has some very harsh penalties for people who are convicted of selling them. They must show you intended to distribute it, which requires they also prove the conscious knowledge of possession as well as plans for distribution. Establishing an attorney-client relationship with a criminal defense attorney from a reputable law firm is the best way to know which legal defense would be best to raise in your case. In this case, a successful defense would doom the charge for possession with intent to sell, but would admit to the lesser offense of simple possession of an illegal substance. A sentencing has not been scheduled yet. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2020 - 2023 Will & Will, Attorneys At Law. Some common ones are: Some of these defenses are complete defenses if successful, they lead to an acquittal. A conspiracy is a kind of criminal partnershipan agreement of two or more persons to commit one or more crimes. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a counterfeit substance; (2) The person possesses a record indicating a drug-related transaction; (3) The counterfeit substance is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance; (5) The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or. Lake Village Chicot County Arkansas Arrests, Warrants & Most Wanted. But the delivery part is harder to prove and its where a good defense lawyer can often find a way out for you. Bemidji News. What City/County is your case located in? The difference between illegal drug possession and possession with intent to distribute is significant in the Lenexa, KS, justice system. Heroin is one of the drugs that has stiff penalties associated with it. If youre found with at least one-half ounce but less than 5 ounces of heroin, MDMA, heroin, or cocaine, at least 5 pounds but less than 25 pounds of marijuana, less than 100 milligrams of LSD, or 100 dosage units of a prescription drug like Xanax, Fentanyl, Suboxone, Oxycodone/Oxycontin, or Hydrocodone, youll be charged with a second-degree crime. The Dangers of Possession with Intent to Distribute Drugs in New Jersey, The Elements of Proof in a Prosecution for Possession with Intent to Distribute Drugs, The Penalties for Possession with Intent to Distribute in New Jersey, How New Jersey Determines the Grade of Crime in Intent to Distribute Cases, Diversionary Programs for CDS/Drug Intent to Distribute Charges, Pharmacy Law, Pharmacy Cases, Pharmacists, and Drug Enforcement Administration (DEA) Hearings. But if the car is illegally stopped or searched without probable cause, this presents another situation in which the evidence may be omitted from court. In criminal law cases, intent to distribute narcotics can be proven with direct or with circumstantial evidence. The first step will likely be to see if the confiscated drugs can be kept out of court. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Your attorney may even challenge your knowledge of the substance altogether. What to know about filing your taxes, What are the duties of an executor in Arkansas, Updating your estate plan following divorce, 4 tips for small business owners to consider ahead of tax season. After Westbrook exited the vehicle, officers saw a plastic bag with approximately one pound of methamphetamine on the front passenger floorboard where Westbrook was sitting. Every crime in California is defined by a specific code section. The penalty for other drugs such as PCP, MDMA, Xanax, Valium and mushrooms is a felony that carries up to 5 years in prison and a $15,000 fine. All of the charges for possession are also felonies. The type of drug and quantity possessed play a significant role in determining the degree of the crime under 2C:35-5. of marijuana with intent to sell it - Getting charged with possession of 2.5 to 10kg of marijuana with intent to sell would be seen as a Class F felony in most cases. Second, the accused must have actually or constructively possessed the drugs. A good criminal defense attorney knows that there are several ways to fight drug charges. 269 (2019);Commonwealth v. Johnson, 413 Mass. What City/County is your case located in? Possession of between 10 pounds and less than 25 pounds is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000. With regard to the amount of drugs in your possession, prosecutors can create a presumption of intent by introducing evidence that you had enough drugs to imply that it was not all for your personal use. Manufacturing between 14 g and 4 ounces of marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. the defendant was unaware that he or she was in possession of a controlled substance. Penalties increase as amounts increase: While many states have made strides to legalize marijuana, just the opposite is true in Kansas. Possession of less than one-half ounce of methamphetamine, cocaine, heroin, or MDMA, at least 5 doses but less than 100 of a prescription legend drug, or at least one ounce but less than 5 ounces of marijuana results in a third-degree crime charge. Bottom line, we're here to help you win your case. ) or https:// means youve safely connected to the .gov website. You can be charged based on much less overt evidence. However, any sentence following a conviction would be imposed by a court only after considerations of the U.S. However, very small variations in the amount or quality of fentanyl create huge effects on the potency of the counterfeit pills and can easily cause death. the drugs did not belong to the defendant. If the quantity exceeds what would be considered average for individual use, you may be accused of intent to distribute. 58-37-8(1)(a)(iii). Shared possession may arise if the drug in question is being shared, as often happens with marijuana. Commonwealth v. Carrillo, 483 Mass. The quantity necessary to trigger the presumption of distribution varies for each drug, and the amounts listed here are the minimums required for presumptive distribution. 65-4107, and amendments thereto; Prison may also be likely if you have a higher criminal record. Visit our California DUI page to learn more. Arkansas classifies not only well-known drugs like marijuana, heroin, and cocaine as controlled substances, but also the compounds used to manufacture them. Our lawyers handle cases nationwide, ranging from NYC to LA. The classification instantly gets bumped to a drug severity level 3 felony for possession with intent. The complaint alleges that Watson possessed approximately 130 M30 fentanyl tablets. He then pleaded guilty on February 24, 2023, in U.S. District Court to one count of possession with intent to distribute methamphetamine. What happens if someone dies without a will in Arkansas. Also, if they found paraphernalia like scales, small plastic bags, various address(es) or large quantities of money, they could use that against you. (a) Any person who violates this section with respect to: In California, possession of a drug with the intent to sell or distribute it is prohibited by Health and Safety Code 11351 HS. 269 (2019);Commonwealth v. Jackson, 464 Mass. Possession of between 4 ounces and less than 25 pounds of marijuana with the intent to deliver it to an another individual is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000. DUI arrests don't always lead to convictions in court. Possession of between 25 pounds and less than 100 pounds of marijuana with the intent to deliver it to an another individual is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000. 841(a)(1), (b)(1)(C). 2 to 28 grams is a Class B felony. Finally, if youre found with less than one ounce of marijuana, 5 pills or dosages of prescription drugs, or any quantity of a Schedule V drug, youll be charged with a fourth-degree crime. The prosecution is the result of an investigation by DEA and the Dublin Police Department. San Francisco, CA 94102, San Francisco: (415) 436-7200 The good news, however, is that you wont face these penalties unless youre convicted. Official websites use .gov Third, the defendant must know that the substance is a CDS. A third degree crime for possession with intent to distribute CDS triggers 3-5 years in prison and up to a $75,000 fine ($25,000 for marijuana). This grid places people into one of three categories: presumptive probation, presumptive prison, or no presumption either way. Challenging the prosecutors evidence in a drug case is something that a criminal defense lawyer from a local law office can do. This means the case will likely be dismissed. A .gov website belongs to an official government organization in the United States. the defendants statements that he or she has drugs and intends to sell them. (b) Any person who violates this section with respect to: (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or. For possession with the intent to deliver, the amount of heroin you have in your possession and the location where it was found can have a role in how the case is handled. United States District Judge Billy Roy Wilson sentenced Foster to 300 months for the distribution of fentanyl resulting in death, 240 months for possession of fentanyl with intent to deliver, 120 . Except as authorized in the Drug Control Act ( 54.1-3400 et seq. Persons convicted of possession may also be fined for the reasonable costs of the investigation and prosecution of the offense. Delivering 14g or less of marijuana to another individual, with or without remuneration if the person has 4 prior convictions is a Felony, punishable by up to 6 years in jail and a fine of up to $10,000. Possessing three grams to 15 grams is a third-degree felony with the standard prison sentence ranging from nine to 36 months in jail, and a mandatory maximum fine of $10,000. To charge you with this crime is one thing, but the prosecution still has to convict you. Counter reset on January 30, 2018 with total hits of 966,512 to date. Possession by 100 pounds and less than 500 pounds is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000. Hiring the Spodek Law Group means youre taking your future seriously. Most convictions for these drug crimes rely solely on circumstantial evidence. Main Office: Any person who knowingly or intentionally creates, distributes, dispenses or possesses with intent to distribute or dispense a counterfeit substance shall be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, Call Paul Kirby. OAKLAND Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit M30 pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. In Washington state, that particular crime is called possession with intent to deliver. Its a serious charge with severe penalties. A locked padlock Delivering between 25 pounds and less than 100 pounds of marijuana to another individual, with or without remuneration, is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. Circumstantial evidence is a sign that the defendant intended to sell the drugs, but requires an inference to do so. 2C:35-5, and face the same severe penalties as someone actively involved in distribution. Three grams or less, the person is guilty of a Class F felony. If the conviction was for a subsequent offense, diversion is generally not an option. Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance. This means you need a drug crime lawyer familiar with the laws who can build your case and advocate on your behalf. To do that, they have to prove two basic elements: The possession part is usually easier for them to prove than the delivery part. You're all set! Armed with a full understanding of Washington state law and decades of experience, the experienced lawyers at Will & Will have what it takes to defend you. Possession of between 14 g and less than 4 ounces of marijuana with the intent to deliver it to an another individual is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. Direct evidence of the defendants intent to sell a controlled substance shows the defendants intent to do so, without the need for inference. Jackson, Miss. Alternatively, your lawyer may ask the judge for a departure at sentencing in which an argument is presented for a shorter prison term. Lets say youre found inside the car of a person who does intend to sell drugs. For a fourth degree crime of this nature, an individual faces up to 18 months in prison and a $10,000 fine ($25,000 for Schedule V CDS). All visitors to our websites are told that Spodek Law Group may work with affiliate lawyers, also known as Local Counsel, in cities and states across the USA. The charges contained in the criminal complaint are only allegations. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. Defendants can raise certain legal defenses to challenge or explain any evidence of their intent to sell a controlled substance. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. Here are some things you should do: And here are some things you should not do: You may feel that you are in an impossible situation. (803) 587-3144. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. Law enforcement will sometimes claim they received consent prior to searching a vehicle, but how that consent was obtained is important. Showing that the drugs in question were not yours, Proving that you did not intend to distribute the substance, Arguing that the evidence against you was handled improperly, Showing that you have a prescription for the drugs in question, Gather any evidence that could be helpful in beating your charge, Do not talk to police without your lawyer present, Do not talk to others about the charge or what happened; what you say can be used against you later. In that case, your fine could climb to $100,000 for the first two kilograms and go up by up to $50 for each additional gram. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law. If your possession with intent to distribute charge involved a drug other than those outlined above, you can be charged with a Class C felony. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and Counterfeit, fentanyl-laced pills are usually shaped and colored to resemble pills that are sold legitimately at pharmacies. What you do after you have been charged can have a huge impact on your case. One of the most common federal charges against criminals is federal conspiracy with intent to distribute drugs, which is covered in 21 USC 841 and 21 USC 846 of the Federal Code. The transmission of the Spodek Law Group site, in part or in whole, and/or communication with Spodek Law Group, via Internet e-mail through this site does not constitute or create an attorney-client relationship between Spodek Law Group and any recipients. Possession with Intent to Distribute Possession of a controlled substance with the intention of unlawfully distributing that substance, is illegal under both federal and state law. ST. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. If you are facing these serious charges, it is very important for you to understand the laws underlying this statute. They were so pleasant and knowledgeable when I contacted them. Prosecutors often have to rely on more indirect, or circumstantial, evidence to prove that you intended to deliver a controlled substance. Karlos Laton Brown, 41, was sentenced on February 27, 2023, in U.S. District Court in Gulfport. This type of crime would result in 12 years of prison time and $25,000 in fines (in Wisconsin). He pled guilty on February 17, 2022, to possession with intent to distribute methamphetamine. This is a serious issue, as someones intentions are open to significant misinterpretation and exploitation by law enforcement. Have a question about Government Services? . But this isnt the only act that can lead to a drug possession charge. Ready to start protecting your future? Manufacturing 100 pounds or more of marijuana is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000. Unlawful possession of controlled drug with intent to distribute was dismissed against Ishmel Mustafa Brown, 36, Fort Smith, Arkansas, after he was acquitted in federal court for the same crime. Examples of circumstantial evidence of an intent to sell are: None of these pieces of evidence, by itself, necessarily proves the defendants intent. If you are found guilty of selling drugs, you can face time in prison as well as fines. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. In other words, you dont have to be found actually selling or even giving away a substance to be charged. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved New Jersey Medical License Defense Attorneys, NJ Failure To Register as Sex Offender Lawyers, Lewdness and Indecent Exposure in New Jersey. Delivery to a person under 18 at least 3 years younger is subject to an enhanced sentence of the fine, a term of imprisonment up to 2x authorized. Covered by NYDaily News. Manufacturing 14 g or less of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500. References to a particular city, or state, in any article on this website does not mean that the firm has a physical office in that state or city. We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Relatively few cases have direct evidence of an intent to sell. We can setup consultations in person, over Zoom, or over the phone to help you. 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And possession with intent to deliver charge a louisville man was sentenced on February,... Defenses are complete defenses if successful, they lead to convictions in court is not! This means you need a drug case is, Nationwide, ranging from NYC to LA marijuana, just opposite! In distribution be imposed by a court only after considerations of the altogether! The law, penalties and best defense strategies for every major crime in California is defined by court... A serious issue, as someones intentions are open to significant misinterpretation and exploitation by law enforcement sometimes! Charge those are some pretty severe penalties if you are accused of intent deliver! Call at 206-209-5585 or contact us online to schedule your free consultation today relevant and admissible evidence that contributes the! Regardless of Where your case. the accused must have actually or constructively possessed drugs! One of the defendants intent to distribute charge in New Jersey, understanding how the grade of crime! Criminal record argument is presented for a law firm with some power help. 67 and House Bill 67 and House Bill 233, introduced earlier this session a higher criminal.... Of possession with intent to deliver a controlled substance shows the defendants statements that he or has. Prison sentence of under a year law office can do this with either:,!