Question
Charlie citizen is arrested for an outstanding fail to appear in court bench warrant. the police validly search Charlie and recovered a 1.5 gram piece
Charlie citizen is arrested for an outstanding fail to appear in court bench warrant. the police validly search Charlie and recovered a 1.5 gram piece of crack cocaine from Charlie's pants pocket. they also recovered $200 in u.s currency. Charlie protested when the police seize his property. without prompting, he tells them that the money the police just seized from him, he just got from an ATM machine. he adds that now he doesn't have any money for this weeks groceries and gas. police decide to swear out a statement of charges that charges Charlie with possession with intent to distribute a controlled dangerous substance. the district court commissioner finds probable cause to charge Charlie with both felony charge plus the misdemeanor charge of possession of crack cocaine. if you were the prosecutor would you present this case to the grand jury for felony indictment? or as a prosecutor should you drop the felony and allow the case to be prosecuted in the district court on the misdemeanor charge of possession of a controlled dangerous substance? if found guilty, or if he pled guilty how do you think a judge would sentence Charlie?
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