El Reno, OK asked in Criminal Law for Oklahoma

Q: What's the chances of a poss w/ Intent sticking when the amount of CDs is very small less then a gram

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1 Lawyer Answer
Brian Boeheim
Brian Boeheim
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: A very small amount in a a single baggie with no money or scales should be a clear cut Possession only charge. If there are multiple baggies, no device for consumption and money or scales there is a chance they can get it past preliminary hearing. The Possession with intent statute is one of the poorest written statutes in the book. It is vague and allows the police to make it up as they go a along. Part of the problem is that you don't have to have an intent to sell, only an intent to share. We fight these all the time and many times we can get them knocked to a simple misdemeanor possession. If you need help please call Boeheim Freeman Law at 918-884-7791.

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