my brother little known to us has been selling drugs. Last week he got pulled over in his car by the police where thy found 5 grams of cocaine on him and a couple of hundred quid. They are doing him for intent to sell. If he goes to court or worst what can we expect the penalty to be?
2006-10-20 20:13:35 · 31 answers · asked by lauzy 2 in Politics & Government ➔ Law Enforcement & Police
prison hopefully for a very long time
2006-10-20 20:16:18 · answer #1 · answered by tacho 4 · 2⤊ 3⤋
I don't know (not a lawyer) but I would suggest, do not play guilty to 'intent to sell' & be adament it was not his intention to sell the cocaine. I think with 5 grams it could pass as personal use depending on judge & other evidence gained. (Know some druggie people, heard 7g's can get a way with & when they deal they always carry below this amount with mates holding the money.) As a family you should stand up together saying you know he has had a cocaine problem but didn't tell anyone as helping him off it. Play the rehibilitation card. The money was for a night out or pay for something off e-bay during the next week from drugs is just the police opinion. At the end of the day the police want him down they're only small time as they are the ones driving around. The judge's prob thinking of going to The Carriabean & people rehibiliated so you can still win. No evidence has been given to deal, remember that, never be intimidated by the fuzz, if you all stand together you could get away with a fine & community service depending on your family's reputation & ability to stand together to get your brov off the gear. It might be leing only your brother knows that, but by God it's better to see another soul free to change (drugs are death) rather than behind bars that's the truth.
2006-10-21 04:12:26 · answer #2 · answered by A . Z . 3 · 0⤊ 0⤋
hum..
That depends on where you are. I know that some states can even convert the money that he had on him to the amount of cocaine it would buy and charge him with that as well. So if the couple hundred quid that you quoted him as having . If that could buy say another 5 grams or more " not sure what cocaine cost" he would be charged with 10 grams. The reasoning behind this is they could say he made the money from selling therefor should be charged for the cocaine that he may have had.. Again it would help to know where your from. You can also view old public Court records to help you get a good ideal. Your best bet is to talk to an attorney..
2006-10-20 20:49:50 · answer #3 · answered by Go Wing's 3 · 0⤊ 0⤋
It is true it does depend on what state that you live in. Now I live in Maryland and It is a harsh penalty for anything cocaine wise or any drug as far as that goes. My sister-in-law got charged with the same offense and got screwed. As far as the law here goes any major drug offense which is cocaine there are no second chances. The court system thinks that you will continue to do wrong and can't see past a mistake. Even if you never committed a crime in your life. She never ever got into trouble in her life, not ever a traffic citation and got 10 years over something that she should have gotten rehab for. My suggestion to you is to get a really good lawyer for him, even if it cost alot of money. If you don't he will get more time then he deserves. It is really worth the money. When it comes to a crime like that he will probably get screwed too. Please get a great attorney and pray for the best. Believe me I know from personal experience!
2006-10-20 22:14:31 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I'm assuming your brother is an adult so the following applies in the UK:-
Under the Misuse of Drugs Act the maximum penalty for Possession of Cocaine with Intent to Supply is life imprisonment and an unlimted fine. Don't panic though, the average penalty is 3 years 3 months and £167 fine. Having said that, it still may be a lesser sentence - a lot will depend on whether he has offended before, if he admits guilt at the police station when charged, if he pleads guilty at his first court appearance and if the probation service can offer an alternative community based sentence. Fines and sentences will be much tougher ifit goes to trial and he is found guilty.
5 grams of cocaine is a lot to be caught with - only one gram is usually enough to be charged with intent to supply as well as possession.
The laws are totally different for young offenders - if he is under 18 feel free to drop me a line.
Good luck.
2006-10-20 20:34:32 · answer #5 · answered by Dr Fill 3 · 1⤊ 1⤋
Depending on the state, some are harsher on intent to sell narcotics than manslaughter. He may go away for up to 15 years worst case scenario, He is going to need some serious character witnesses, but once a jury hears the word cocaine he is practically guilty. Get a good lawyer and hope they help get a lesser sentence.
2006-10-20 21:23:47 · answer #6 · answered by ANSAG 2 · 1⤊ 0⤋
Assuming your British ("quid") you dont say that he has been charged and given a court date or if he admitted it, if the police found scales self seal bags account books, the money was heavily ciontaminated with drugs, what part of the UK was he arresetd in etc... then it is still completely up in the air and the door mungers above are being hasty.
The CPS have to agree to charge him with PWITS (possession with intent to supply) as opposed to possession and that is far from a certainty depending on the answers to the above
2006-10-20 21:40:10 · answer #7 · answered by Fram464 3 · 0⤊ 0⤋
if your in the states he'll go down for a long time. if in britain he could get anything from 2 to 6 years all according to what kind of judge he gets. if he can prove the money was earned by him leagally he could claim the coke was for his own use. but if he has addmitted to dealing he's up the creek possession Supply
Class A 7 years + fine Life + fine
Class B 5 years + fine 14 years + fine
Class C 2 years + fine 14 years + fine
2006-10-20 20:34:43 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Ok more than likely if its his 1st offense probation. However I do want to comment on all these self righteous people saying he needs to go to prison.Prison is not a place you should wish on anyone and be real drug dealers dont kill people and children everyone has their own choice to do drugs or not. I hope he learns from this and learns his lesson. I believe he is looking at 5 years though
2006-10-21 08:07:14 · answer #9 · answered by dat_gurl01 2 · 0⤊ 0⤋
in the uk...p r & text books aside.best case scenario for you brother is no previous,got pulled for a brake lite,got searched, put his hands up to it,was bailed,is employed(not dealing i hope),has dependents(debt helps)etc.£500 fine +costs,2 mnths(6wks)or 6mnth suspended.other contributing factors involved the more serious,as i'm sure your v aware.grey days for you all i'm sure.
why ...5g 0f cocaine is minor.personal use.intents v hard to prove.prisons are brimming.offences like this are for p.r. society as a rule doesn't care.the est. has to be seen to.not condonding your brother by any means and not being flippant BUT its how it is like it or not.hope its just a bad mistake on his part and it scares him.20yrs ago-totally different story.i hope your behind him in real p....d off way.and it doesn't turn out worse.
2006-10-20 23:25:25 · answer #10 · answered by theswamipapster 1 · 0⤊ 1⤋
well unfortunately your lil bro has got himself into something nobody should do he will more then likely (if not got convictions before) a suspended sentnce a serious fine and told not to do it again withing a certain time or he will go to prison at worst 3 years get out in 2 for good behaviour etc
moral of this story i think drugs are bad buying, selling or taking so just dont do it guys!!!!!!!
2006-10-20 21:46:39 · answer #11 · answered by ? 2 · 0⤊ 1⤋