A Former Prosecutor Defending Clients in Wyoming and South Dakota
Despite a nation-wide trend towards legalization, Wyoming still classifies marijuana as a controlled substance. If you were arrested and charged with possession of marijuana in Wyoming, you face serious penalties. But an experienced criminal defense attorney can help.
Christina L. Williams and her team of criminal defense professionals at Just Criminal Law will thoroughly investigate your case and work hard to have the charges reduced or even have the case dismissed.
Wyoming continues to take a hard line regarding marijuana possession cases. If you are convicted of possession of marijuana, you face serious penalties that include hefty fines and jail time.
There is a significant difference between charges of marijuana possession and possession with intent to distribute.
If you have been charged with simple possession, prosecutors and judges will perceive you as a drug user. They will be more likely to sentence you with fines and treatment programs.
If you have been charged with possession with intent to distribute, judges are more likely to see you as a drug dealer and will be more likely to punish you with a longer prison sentence and hefty fines.
Whether you will be charged with possession or possession with intent to distribute will depend on the circumstances of your case, including the amount of marijuana in your possession, and whether you are also found in possession of distribution supplies such as scales and baggies. To try to prove possession with intent to distribute, law enforcement may also seize and investigate your cell phone, looking for text messages showing that you are dealing as opposed to just using.
If you have been charged with marijuana possession, either for personal use or possession with intent to distribute, there are defenses that your criminal defense attorney can raise.
A common defense to a criminal charge is to claim you didn’t do it. In a case of marijuana possession, saying you didn’t do it often means claiming that drugs aren’t yours. This defense is particularly useful if you were in a car with other people when you were arrested and charged with marijuana possession, or if the marijuana was found in a house or apartment that you share with other people.
Search and seizure issues are common in marijuana possession cases. The Fourth Amendment guarantees the right to due process of law, and the right to be free from illegal searches and seizures. If police officers lacked probable cause to believe you had committed a crime, or illegally searched your vehicle or residence, your criminal defense attorney may be able to have evidence that was found excluded from the trial.
Police and prosecutors must prove that the drugs that were found in your possession are, in fact, marijuana. Just because a substance looks like marijuana does not always mean that it is. To prove that the substance is actually marijuana, prosecutors will need to call a crime lab analyst to testify. Prosecutors must also establish a chain of custody, proving that the substance taken from you at the time of your arrest is the same one that was tested.
DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.