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Possession with intent to deliver

Discussion in 'Legal Edge' started by CaptainGreenThumbz, Dec 10, 2016.

  1.  
    CaptainGreenThumbz

    CaptainGreenThumbz New Member

    Here's the scenario.. Swim was in a friend's house with a gym bag containing 2 oz of pot, a scale, clothes, and mail with his name on it. There was a search warrant for the house because the tenant was caught stealing from the local Walmart. During the search a dog hit on the gym bag.

    My thinking is the mail in the bag does not prove the pot belonged to swim just because they were both in the same bag. Swim is being offered a plea deal for simple possession.

    Do you guys think a jury would find swim guilty beyond a reasonable doubt based on the mail being in the gym bag containing the pot?
     
  2.  
    budlover13

    budlover13 King Tut

    Depends on whether the gym bag was in his possession the whole time amongst other things. Did they find packaging materials? Baggies, torn up plastic grocery bag, little containers? Where did this take place? The only defense of having a scale that I have ever heard working is from a legitimate licensed grower in a legal or medical state.

    If not in a legal state, take the simple possession IMO.
     
    mauricem00 likes this.
  3.  
    CaptainGreenThumbz

    CaptainGreenThumbz New Member

    The gym bag was on the floor in the house with swim in the house. Yes there were baggies with the scale but the gym bag with its contents were not in swims direct possession (it was on the floor in another room). Swim does not reside in the house. It happend in a state where everything Cannabis related is illegal. The defense plan is based on the fact that that nothing was in swims direct possession and other persons had access to the bag. The only thing linking swim to the gym bag is the mail with his name on it.
     
  4.  
    budlover13

    budlover13 King Tut

    Tough fight in a non legal state.
     
  5.  
    texasjack

    texasjack Well-Known Member

  6.  
    ForeverGreen42

    ForeverGreen42 Well-Known Member

    Hire an attorney.. Good attornies are great at working the system..
     
  7.  
    Shroominnm

    Shroominnm Well-Known Member


    Looks like someone will be taking the charge for it one way or another... you ready to put that on someone who really isn't you?
    Suck it up and take the possession charge. If not, your buddies gonna get stuck with it.

    Also as someone said, get yourself a GOOD lawyer. No public pretenders

    stay smokin'
     
  8.  
    DrUgZrBaD

    DrUgZrBaD Well-Known Member

    If you lived in Canada you'd get a slap and be on your way (even if you plead guilty I wouldn't bother fighting it) but if you're in one of those fucked up states then who knows
     
  9.  
    Indacouch

    Indacouch Well-Known Member

    With a name like swim your fucked no matter what .....
     
  10.  
    DrUgZrBaD

    DrUgZrBaD Well-Known Member

    You could say he swim into it
     
    Lucky Luke and Indacouch like this.
  11.  
    tharoomman

    tharoomman Well-Known Member

    Take the simple possession !!!
     
  12.  
    We Can Make Sandwiches

    We Can Make Sandwiches Well-Known Member

    swim in peace.:eyesmoke:

    but seriously OP..'Swim' should prolly dive on the plea bargain.

    save swimself some $$ and time wasted in court for an outcome that doesnt sound to good in Swim's favor.

    I see the defence in that the bag could have been tampered with.. 2zips aighnt worth the fight. say it was personal..scale was for your protection so swim never got ripped off (especially if it such a non mj friendly state?). baggies are unfortunate duno how one would explain those lol.
     
  13.  
    cheeseofchud

    cheeseofchud Well-Known Member

    if its his bag he should take the rap
     
    srh88 and Shroominnm like this.
  14.  
    KryptoBud

    KryptoBud Well-Known Member

    Weed, scales, baggies, mail with your name on it in a gym bag, and a prior felony conviction for manufacturing marijuana? Not real bright are ya?
     
    jwreck, Swims_GD, R1b3n4 and 4 others like this.
  15.  
    MMJ Dreaming 99

    MMJ Dreaming 99 Well-Known Member

    I want to know if the dude was shoplifting at Wal Mart. If you are around weed in a non legal state then avoid doing anything shady or stay away from weed.
     
  16.  
    KryptoBud

    KryptoBud Well-Known Member

    What state issues search warrants and dogs for shoplifting from walmart? The OP might as well get used to the state funded vacations and the apparent inbreeding that takes place where he's from. Hopefully he's in prison holding his ankles or being beat with a mop handle for even thinking about letting his buddy take the fall.
     
    Shroominnm likes this.
  17.  
    Swims_GD

    Swims_GD Well-Known Member

    take the slap on the wrist and learn 'your' lesson!!


    edit (im guessing you are right now anyways)
     
  18.  
    BarnBuster

    BarnBuster Virtually Unknown Member

    swim be up the river
     
    Swims_GD likes this.
  19.  
    TacoMac

    TacoMac Well-Known Member

    Guilty as the day is long. Here's why:

    Absolute proof isn't the burden for possession. Beyond a reasonable doubt as well as within area of control is. It's SWIM'S mail in a bag in SWIM'S FRIEND'S house. That means that the bag belongs either to Swim or the friend.

    If the bag belongs to Swim, the scale alone warrants the distribution charge. Swim had better take the deal.

    If the bag doesn't belong to swim, that means it belongs to his friend, which would make his friend guilty of a felony: illegal distribution and possession as well as interference with the U.S. Mail.

    That means the Feds are going to charge Swim's friend and he'll face about 15 years of hard federal time.

    That means Swim's friend is going to roll over on Swim like a 10 cent whore on nickle night and sell Swim WAY THE FUCK down the river.

    That means Swim will be charged with a multitude of shit that will wind up seeing him go away for at least 10 years.

    Either way, Swim is fucked.

    Take the deal, dumbass.
     
    Shroominnm and Swims_GD like this.
  20.  
    blake9999

    blake9999 Well-Known Member

    Shouldn't be stealing from Walmart in the first place.
     
    Swims_GD likes this.

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