Category Archives: Drug Crimes

Jackson, Mississippi criminal defense lawyer discusses drug crimes under Mississippi law.

What You Need To Know If Charged With Sale Of Xanax

If you have been charged with Sale of Xanax in Mississippi, here’s what you need to know:

In Mississippi, Sale of Xanax, also known as Alprazolam, is a felony crime.  Mississippi controlled substance law not only makes selling Xanax illegal, but also makes it illegal for a person to “barter, transfer [or] dispense” Xanax.  The penalty for Sale of Xanax in Mississippi is twenty (20) years in prison and a fine of $1,000.00 (minimum) to $250,000.00 (maximum).

It may appear that a Sale of Xanax charge is easy for the State to prove in Mississippi.  However, Mississippi criminal law provides many defenses to persons accused of selling Xanax (far too many for one post).  One of the most overlooked defenses involves whether the State actually has the Xanax that was sold.  Under Mississippi law, absent some very unusual circumstances, the State will be required to introduce the Xanax into evidence at trial.  Don’t assume that the police have the drugs.  Sometimes the evidence will, for whatever reason, get lost or misplaced.

So how do you know whether the State has the pills?  Your lawyer should make an appointment with the prosecutor and police to view this type of evidence.  It usually only takes a few minutes to view the drugs and verify that the State has them.  However, if the prosecutor is unable to locate the drugs, the Sale of Xanax charge will likely be dismissed.  If your lawyer doesn’t verify that the drugs are present, then you may be missing an opportunity to get the case dismissed.

If you are charged with Sale of Xanax or Alprazolam in Mississippi, you need a criminal lawyer who will fight hard to beat your drug charges.  Please contact Mississippi criminal lawyer Curt Crowley for a free case evaluation at 601.898.0685.  You can also visit his Jackson MS criminal lawyer website for more information.

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Jackson, Mississippi Criminal Defense Lawyer Discusses Possession of Marijuana With Intent to Sell or Distribute

If you’ve been charged with possession with intent to sell or distribute marijuana in Mississippi, there are some things you need to know.

Mississippi Code Section 41-29-139 makes it a felony crime to “sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell barter, transfer, distribute or dispense” marijuana.

The penalties for possession with intent to sell or distribute marijuana in Mississippi are severe.  If the amount of marijuana involved is less than 30 grams, the potential sentence is three (3) years in prison, and a $3,000.00 fine.  In the case of a first offender who is charged with possession with intent to sell or distribute more than 30 grams, but less than 1 kilogram or marijuana, the potential sentence is twenty (20) years in prison, and a fine of $30,000.00.  In all other cases, the potential sentence is thirty (30) years in prison, and a fine of $5,000.00 (minimum) to $1,000,000.00 (maximum).

In Mississippi, the State must prove that the accused possessed the marijuana with the intent to sell or distribute.  Intent must be proven beyond a reasonable doubt.  Sometimes there is direct evidence of intent, such as where a person who has agreed to deliver marijuana to an informant is arrested on the way to make the delivery.  Most cases, however, are based on circumstantial evidence.

Under Mississippi law, the State may try to prove that a person had the intent to sell or distribute by showing that the amount of the marijuana in the person’s possession is proof of intent to sell.  In order to charge and convict a person based upon the amount of marijuana, Mississippi prosecutors must prove that the amount of marijuana in his possession exceeded the amount that would be reasonable for personal use.  Mississippi law states that if the amount of marijuana could just as likely be for personal use, as it was for sell or distribution, then the person cannot be convicted of possession with intent.  The proper charge in such a case would be simple possession of marijuana

In addition to the amount of marijuana, Mississippi law states that the packaging of the marijuana as well as other evidence of drug trafficking may be used to show possession with intent to sell or distribute.

In Mississippi, it is seldom easy for the State to prove possession with intent based upon the weight and packaging of marijuana.  The Mississippi Supreme Court has held that where a defendant was caught with 323.4 grams of marijuana, two (2) scales, a device used to hold marijuana, rolling papers, and $356.00 in cash, there was insufficient evidence of intent to sell or distribute.  The Court stated that the amount of marijuana was within the amount that a person could reasonably use, and that the holding device and rolling papers were consistent with using marijuana, not selling it.  Jowers v. State, 593 So.2d 46 (Miss. 1992).  Instead of possession with intent to sell or distribute marijuana, the defendant could only be convicted of simple possession of marijuana.  This is significant, as the penalties for simple possession are much less than those for possession with intent.

If you have been charged with possession with intent to sell or distribute marijuana in Mississippi, there are defenses available.  You need a criminal defense lawyer to handle your case and protect your interests.  Please call Curt Crowley at 601.944.1984 for a free consultation.  For more information, please feel free to visit our Mississippi criminal defense website.

Jackson, Mississippi Criminal Defense Lawyer Explains Felony Possession of Marijuana

Possession of marijuana is illegal under Mississippi law.  Whether or not possession of marijuana is a felony under Mississippi law depends upon how much marijuana was in the person’s possession at the time they were arrested.

Marijuana is weighed by the gram.  If the amount of marijuana is thirty (30) grams or less, then the charge of possession of marijuana is a misdemeanor in Mississippi.  If the amount of marijuana is more than thirty (30) grams, then the person will be charged with possession of marijuana as a felony in Mississippi.

Mississippi law states that the potential penalty for a charge of possession of marijuana also depends upon the weight of the marijuana.  The weights and potential sentences are as follows:

More than 30 grams, but less than 250 grams:  three (3) years in prison and a $3,000.00 fine;

250 grams, but less than 500 grams: two (2) years to eight (8) years in prison and a $50,000.00 fine;

500 grams, but less than 1 kilogram: four (4) to sixteen (16) years in prison and a $250,000.00 fine;

1 kilogram, but less than 5 kilograms: six (6) to twenty-four (24) years in prison and a $500,000.00 fine;

5 kilograms or more: ten (10) to thirty (30) years in prison and a $1,000,000.00 fine.

If you’ve been charged with possession of marijuana in Mississippi, you need an experienced criminal lawyer to protect your interests.  Possession of marijuana carries stiff penalties under Mississippi law.  If you’ve been charged with possession, please call criminal defense lawyer Curt Crowley at 601.944.1984 for a free case evaluation.  You may also visit our Mississippi criminal defense website for more information.

Jackson, Mississippi Criminal Defense Lawyer Tells What You Need To Know If Charged With Sale of Methamphetamine Or Possession With Intent to Distribute

If you have been arrested and charged with sale of methamphetamine, or possession with intent to sell, distribute or transfer meth in Mississippi, there are some things you need to know.

(1) It is illegal in Mississippi to sell, transfer, manufacture or distribute methamphetamine;

(2) It is also illegal to possess methamphetamine with the intent to sell, transfer, manufacture or distribute to another person;

(3) Regardless of whether you are charged with possession with intent, or the actual sale of methamphetamine, the penalties are the same;

(4) If you are charged with possession with intent, or the sale or transfer of methamphetamine, you face a potential sentence of thirty (30) years in prison and a fine of $1,000,000.00;

(5) Even though you may think you are guilty, there are many defenses to possession of meth, and the State’s case is seldom as strong as you think;

(6) If the charge is possession of methamphetamine with intent to sell, deliver, etc., the amount of meth in your possession may require that the charge be reduced to simple possession of meth.  This will greatly reduce the potential maximum sentence you face.

I’m a criminal lawyer in Jackson, Mississippi, and represent people charged with possession with intent to sell methamphetamine and other drugs and controlled substances.  If you have been charged with sale of methamphetamine or other controlled substances, please contact us at our Jackson, Mississippi criminal defense website for a free case evaluation.

Jackson, Mississippi Criminal Defense Lawyer Discusses Possession of Methamphetamine Charges

Charged with possession of meth in Mississippi?  Here are some facts you need to know:

Law enforcement in Mississippi considers methamphetamine (“meth”) to be an epidemic in this State.  Naturally, as law enforcement has focused more attention on meth cases, the number of people charged with possession of methamphetamine has sharply increased.

Possession of meth is illegal under Mississippi criminal law.  Pursuant to Mississippi Code Section 41-29-139, “it is unlawful for any person knowingly or intentionally to possess [methamphetamine].”

Potential penalties for possession of meth depend on the amount of the drug in the defendant’s possession at the time of his arrest.  Following are the amounts and penalties for possession of methamphetamine:

Less than 0.1 gram: 1 to 4 years in prison and a $10,000.00 fine;

0.1 gram, but less than 2 grams: 2 to 8 years in prison and a $50,000.00 fine;

2 grams, but less than 10 grams: 4 to 16 years, and a $250,000.00 fine;

10 grams, but less than 30 grams: 6 to 24 years in prison and a $500,000.00 fine;

30 grams or more: 10 to 30 years in prison, and a $1,000,000.00 fine.

Mississippi law carries severe penalties for possession of methamphetamine.  If you have been charged with possession of meth, please contact Jackson, Mississippi criminal defense lawyer Curt Crowley at 601.944.1984, for a free consultation.

Jackson, Mississippi Criminal Defense Lawyer Explains Misdemeanor Possession of Marijuana in Mississippi

In Mississippi, as in most states, possession of marijuana is illegal, even if it’s less than an ounce.

Possession of marijuana is prohibited by the Mississippi Controlled Substance Law.  Under Mississippi Code Annotated Section 41-29-139, possession of less than an ounce of marijuana is a misdemeanor, and carries the following penalties:

First Offense:                                           $100.00 to $250.00 fine;

                                                                       No jail time.

Second Offense (within 2 years):    $250.00 fine;

                                                                        5 to 60 days in jail;

                                                                        Drug education classes.

Third Offense (within 2 years):         $250.00 to $500.00 fine;

                                                                         5 days to 6 months in jail.

These potential sentences may not seem very severe, especially for a first offense.  But if you get caught with that same amount of marijuana in a motor vehicle, then you have a problem.  The same section goes on to state:

Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana is guilty of a misdemeanor and upon conviction may be fined not more than One Thousand Dollars ($1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers….

In addition to these penalties, under another Mississippi Code section, a conviction for possession of marijuana in a motor vehicle will cause your driver’s license to be suspended for six (6) months.

The lesson here?  Don’t get caught with weed in your car.  While the penalties for simple possession of marijuana might sound like a joke, the penalties for having it in a car are nothing to laugh about.

If you’ve been arrested for possession of marijuana or any other controlled substance, please call me.

Mississippi Criminal Defense Attorney Curt Crowley

Jackson, Mississippi Criminal Defense Lawyer Explains Why You Should Take Your Prescription Bottle With You

Possession of medicinal controlled substances (hydrocodone, adderall, xanax, etc.) without a prescription is a crime.  So if you have a prescription, you don’t have anything to worry about, right?  Not if you’re carrying loose pills.

It appears to be a common practice for people who have prescriptions for medicines that contain controlled substances, to carry a couple of pills with them rather than carrying the entire bottle.  That’s perfectly understandable.  After all, nobody wants to walk around having to listen to the annoying rattle of a pill bottle in his pocket all day.

Annoying rattle aside, carrying loose pills instead of the entire bottle can land you in jail.  If the police find loose pills in your possession, and you cannot prove–on the spot–that you have a prescription, you will be arrested for possession of a controlled substance.

Police officers are not going to let you run to the house to get the bottle to show them.  They are also not going to call the pharmacy to verify that you have a valid prescription.  The simple fact is that you will go to jail and will have to work the case out in court.

I have represented several clients who have faced this situation.  Recently, I was retained by a nice lady who was arrested on multiple counts of possession of a controlled substance.  She was from out of state, and was in Jackson for the first time to visit relatives.  She had a valid prescription for Adderall.  Instead of bringing the entire bottle with her, she took only the amount of pills she would need on the trip.  She placed the pills in a small zip-lock bag and put them in her purse.

Being unfamiliar with Jackson, she took a wrong turn and ended up in a neighborhood where she was quite conspicuous.  Due to her race, age and sex, she fit the profile of a purchaser of illegal drugs.  She was stopped by the police for a trivial traffic violation.  The officers requested consent to search her vehicle.  Because she had committed no crime, she gave her consent to search (big mistake).  The officers found the pills in her purse.  Because she could not prove she had a prescription, she was arrested for possession of a controlled substance.  She told the officers she had a prescription.  However, she had no proof.  After being arrested, she sat in jail for three (3) days waiting to have her initial appearance. 

After she posted bond and was released, she retained me to defend her against the charges.  We were ultimately able to get the charges dismissed and had her record expunged.

Even though this lady had committed no crime, she spent three days in jail.  She also incurred legal fees, bond fees and other expenses.  This entire ordeal could have been avoided if she had simply kept the pills in the prescription bottle.

If you are prescribed a medicine that contains a controlled substance, carry the entire bottle with you.  Never have loose pills in your possession.  If for some reason you can’t carry the bottle and must have loose pills, make sure you have your receipt and counseling sheet from the pharmacy where you had the prescription filled.  These documents are an alternative way to prove to the police that you have a valid prescription. 

Carrying a pill bottle around may be inconvenient, but not nearly as inconvenient as going to jail when you have committed no crime.  If you have been arrested for a drug crime in Mississippi, please contact me.