LaGrange, GA Criminal Defense Law Firms & Lawyers

It is much easier to withdraw a plea before sentencing as opposed to after sentencing. However, you just can't withdraw your plea because you have had a change of heart. Withdrawing the plea would have to be in the interest of justice and without prejudicial the prosecution. You will need an experienced criminal attorney to assist you in this motion and to see if it is a viable option for you.

Federal law prohibits the transfer of marihuana, regardless of whether money or anything of value (called remuneration) is exchanged. Sale of any amount is a felony. Distribution of small amounts of marihuana not for remuneration is a misdemeanor. Although the statute, 21 U.S.C. Section 841 does not specifically refer to a "sale," the sale of any controlled substance is clearly encompassed within the list of acts the law does proscribe. The law states that it is illegal for any person to knowingly or intentionally "manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." Another section of the law prohibits the same acts with respect to counterfeit controlled substances. Marihuana is a Class I controlled substance. The "manufacture" language in the statute pertains to a person who produces the controlled substance, such as a person who is involved in a chemical lab to make or process methamphetamine. The "dispense" language is usually applied to physicians who provide drugs outside the scope of their normal practice or not for medical purposes. The "distribute" language applies to most other situations, where one persons delivers a controlled substance, other than by dispensing or administering. "Delivery" is defined as the "actual, constructive or attempted transfer of a controlled substance or a listed chemical, whether or not there exists an agency relationship." The definitions of "deliver" and "distribute" are found in 21 U.S.C. Section 802(11). The sale of a drug, including marihuana, is a distribution. The penalty for sale of marihuana varies according to the amount sold. For amounts in excess of 1,000 kilograms of marihauana (or more than 1,000 marihuana plants,) there is a mandatory minimum penalty of ten years in prison for a first offender. The maximum possible sentence is life. For amounts between 100 and 1,000 kilograms, or between 100 and 1,000 plants, the mandatory minimum penalty for a first offender is five years and the maximum penalty is forty years. For amounts between 50 and 100 kilograms of marihuana, the maximum possible penalty is twenty years. For amounts of less than 50 kilograms, or less than 50 plants, the maximum penalty is five years for a first offense and ten years for a second offense. Fines are also imposed in these cases, in amounts of up to $4,000,000.00 for an individual and $10,000,000.00 for non-individuals, meaning business entities. All of these crimes are felonies. The actual sentence to be imposed for the sale of marihuana depends on the Federal Sentencing Guidelines and varies by quantity sold and the prior criminal history of the offender. The sentence cannot exceed the maximums listed above. The distribution of a small amount of marihuana (not for sale or remuneration) is a misdemeanor, and under 21 U.S.C. Section 844, the penalty is not more than one year in prison and up to a $1,000.00 fine for a first offense, and a minimum of 15 days and a maximum of two years for a second offense, along with a fine of up to $2,500.00. A third offense carries a greater penalty.