If given a ticket for marijuana possession, is it to late to recieve a charge for intent to distribute?

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If given a ticket for marijuana possession, is it to late to recieve a charge for intent to distribute?

This assuming that there is no new evidence. The cop, and the person I was with at the time both claim to have seen me throw 3little bags of weed into the still water nearby. He didn’t find any weed on me, and I wasn’t arrested. I don’t know if its because he doesn’t have proof for intent to distribute, or he’s being nice, but he said I’ll receive a ticket when I return to campus from suspension. I also wrote down that I was high, I don’t think it was an official statement though, because it was just on a regular piece of paper, I’m thinking if I now deny that he’ll give me intent to distribute.

Asked on September 14, 2010 under Criminal Law, Colorado

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Based upon the facts that you have provided, I think I answered an earlier question that you posted.  Let me be clear:  YOU SHOULD NOT ADMIT TO ANYTHING OR PROVIDE ANY STATEMENTS TO THE POLICE.  The way this works is that the cops have probable cause to arrest you for intent to distribute, they will.  If they only have probable cause to arrest you for possession, then thats all that you will get arrested for.  You will not get a "gold star" or "a break" for being honest.  You will simply put yourself in jeopardy of further incriminating yourself or getting more charges.  Your only response to anything law enforcement officer asks you is that you have not done anything wrong and that you do not want to answer any questions without an attorney present.  If he then turns around and arrests you you can rest assured that it was going to happen anyway.


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