10 years for POSSESION OF MARIJUANA?

Question

My friend's son was arrested and convicted to 10 years for POSSESION OF MARIJUANA. I want to know if this is right. How come there are felons who committed more violent crimes such as rapes, murder..., only gets lesser sentence? What is the law in Georgia against drug offenders? Also, how do you appeal for parole?

He had less than 5 ounce on him. It was NOT intent to distribute. I think this is unfair. My friend does not know anything about the judicial preceding and he don't have money for a lawyer. I know his son made a stupid decision and he has to pay for his action BUT 10 years?

Answer 1

Marijuana laws are ludicrous.
He must of had a really bad lawyer or an extensive record.
Do you have any more facts?

Added Later: Check out the second site. They might do pro bono work.
Realistically anybody that goes to court with a court appointed lawyer is not too bright to begin with. Since he has already been sentenced reversal of sentence is nil. He still needs to get a lawyer to navigate through the parole/probation process. My guess is that he had some prior problems with the law. Intent to distribute is based on the amount of drugs involved, not the intention of the drug user.

Answer 2

Usually, if someone is caught with a small amount (< 1oz) they can get off with a fine and probation. Jail time may occur but the length short.

If there was a larger amount, it is likely he had "intent to distribute" the drug. Law enforcement could have found a scale, small bags, and a large amount of marijuana thereby deeming him a "dealer" which has far worse consequences (ie 10 year prison sentence) then possesing some for personal use.

The law/conviction sentence in Georgia depends heavly on the type and amount of narcotic. Marijuana falls into the drug catagory which is of the lowest order therefore it most likely means he had intent to sell thus reflecting the 10 year sentence. I am unsure about parole proceedings.

Answer 3

My friend was popped with 15 lbs of marijuana and no prior convictions or arrests. He recieved a 7 yr sentence and served 11 months and was paroled out. He served five years on parole before being cut loose free. He was a first offender.

I have another friend and keep in mind these are all offenses in the State of Georgia. My friend was popped with two grams of Cocaine and selling to an undercover.

His Mother put up her property to bond him out and less than two months later he was popped again for the same charge in a different county.

The plea baragin was to plead guilty to one of the charges and serve 36 months in Federal prison.

Keep in mind he was facing life, but got a better deal.

He was on probation for five years.
He is clean and has his own business now and doesn;t do drugs anymore or sell them.

Some people will cha ge others won't.

Trust me on this....he got a good deal only doing 36 months. That is still three years. He got out on a wrok program with a boss that put him to work and now he owns his own business. He words to me was it aint worth it and he learned a valuable lesson.

Answer 4

It all depends on the amount he had, and if there was intent to sell. and if it was anywhere near a school zone that will increase the penalty.
Also, what is his pre-existing record? If he had a previous record this will also affect his sentencing.

for marijuana law go to www.NORML.org

this will give you Georgia's Marijuana law, and maybe even have a bit of legal help.

No, it doesn't seem right that he is serving more time than rapists and murderers. People need to speak out more about things like these or they will remain the same, and the pot-heads will be in jail and murderers and rapists will be among us. American Justice at it's finest.

Answer 5

you have the right to appeal any decision that is handed down.
get a new lawyer and fight this one all the way.
good luck.
Reading the second part that you have attached here in England if you have more than an 1/8 it goes from possesion ie personal use to intent to supply.
if your friends son stays out of trouble in prison he will not add any more time onto his sentance and may even get out earlier on the grounds of good behaviour.
Speak to a newspaper reporter about your story maybe then a lawyer may pick up this case to get publicity for himself if he can get a leeser sentance he gets the publicity and your friend gets her son back sooner.

Answer 6

He had less than 5 ounces.
In Georgia, possessing more than one ounce and less than 5 pounds can still be considered possession with intent to distribute. And the maximum sentence in GA is 10 years.
Was this his first offense?
If not, that may be another factor in the sentence that he received.

Answer 7

Yes that is a bit ridiculous for possession. In south africa a first offender with such a small amount of marijuana will get a totally suspended sentence.

Answer 8

No way would he get 10 years for possession. Must have been intent to supply a whole of of the stuff, I'd think. Even so, I can't say I aggree with the sentence. There are far worse crimes and far worse drugs.

Answer 9

The judicial system is all wrong. I have a friend in prisoned for a drug crime this is in Arkansas now and he put in for a pardon and was declined for it. The reason now listen to this they told his wife: " His crime was not excessive enough to be considered for the pardon. " So, if he was a pedophile or murderer he might of got that pardon. I think they need to make room for those criminal acts unless he was selling to kids, then that is worth 10.

Answer 10

APPARENTLY YOUR SON IS A LOT MORE THEN I CAN FIND FROM WHAT YOU SAY.

GEORGIA LAW TITLE 16 -13-21 DESCRIBES ARRESTS FOR A LIC PERSON? ANYONE WHO HAS A LIC CAR ETC??

16-13-110 GIVES FORGIVENESS FOR FIRST OFFENSE.

48-15-1-NO LENIENCY AS OF 2007 LAWS FOR VIOLATORS OF ANY DRUGS OBTAINED OR SOLD ILLEGALLY?

WHAT I CAN READ IS GEORGIA HAS STARTED A CRACK DOWN ON DRUGS AND ANYONE CAUGHT WILL BE PUNISHED OUTSIDE THE FIRST TIME??

APPEAL FOR PAROLE YOU NEED A GOOD ATTORNEY.