Criminal Defense Lawyers

MDMA Possession & Distribution Charges

So You Got Busted with Molly? What Happens Now

Oh man, getting arrested is no fun – trust me, I know. Especially when it’s for something like MDMA possession or distribution. That sinking feeling in your stomach when the handcuffs click, the panic rising when you realize this could end up on your permanent record, maybe even land you in jail. I get it, I’ve been there back in my youthful raver days. Let’s talk through what’s probably racing through your mind, and what the likely legal consequences are so you know what to expect.

First off, take a deep breath. I know it feels overwhelming right now, but you’re gonna get through this. I help good folks in situations like yours all the time. You just made a mistake, doesn’t make you a criminal.

What Exactly Did I Get Charged With?

So MDMA goes by lots of street names – molly, ecstasy, E, X, beans, Adam, clarity, lover’s speed. But chemically, it’s all the same synthetic drug that’s illegal to buy, possess or sell. The formal charge will likely be “possession of a controlled dangerous substance” or maybe “possession with intent to distribute.” The penalties get a lot harsher when they think you’re dealing. More on that soon.

The amount they found on you also matters big time. In general:

• Less than 1 gram – misdemeanor, up to 1 year in jail
• 1 gram to 5 grams – 3rd degree felony, 3-5 years prison
• 5 grams to 1 ounce – 2nd degree felony, 5-10 years prison
• Over 1 ounce – 1st degree felony, 10-20 years prison

Crazy how a few extra baggies can ratchet up the charges huh? We’ll dig into the potential sentences and fines soon.

So What Happens Next Legally?

After the adrenaline rush of getting cuffed wears off, the cold machinery of the justice system starts churning. Here’s generally how it goes:

1. Getting Booked: This means getting fingerprinted, photographed, and officially placed under arrest. You’ll have to list all your personal details. They might ask you questions without a lawyer present, so don’t say anything that could self-incriminate!

2. Bail Hearing: This usually happens within 48 hours. A judge decides if you can pay bail and get released until your court date. With drug charges, bail is common unless the charges are super severe.

3. Court Date: Now the waiting starts – your first appearance could take weeks or months. Meanwhile, the prosecutor is building a case against you and weighing what plea bargains to offer. An attorney can negotiate on your behalf way before trial.

4. Trial: If no plea deal happens, then comes the courtroom drama – evidence and witnesses and legal arguments. The verdict could mean jail time, probation, fines and a permanent criminal record.

Of course I’m summarizing a lot here – the legal process has more twists than a detective novel. An experienced criminal defense lawyer guides you through, fighting for the best possible outcome.

What Kind of Penalties Are We Talking?

Let’s get real about what you might be facing:

Possession Charges

• Misdemeanor – up to 1 year in county jail, fines up to $1,000
• 3rd Degree Felony – 3-5 years state prison, fines up to $35,000
• 2nd Degree Felony – 5-10 years state prison, fines up to $150,000
• 1st Degree Felony – 10-20 years state prison, fines up to $300,000

Other possible penalties:

• Probation – strict rules like curfew, drug testing, counseling
• License suspension
• Drug addiction programs
• Permanent criminal record

Scary stuff, I know. But here’s the thing – the maximum sentences are RARE. Savvy lawyers negotiate plea bargains all the time, especially for first-time offenders. Options like deferred prosecution or conditional discharge mean charges dismissed after probation. Even felonies can sometimes get knocked down to misdemeanors. Don’t lose hope!

Distribution Charges

If they accuse you of dealing, here’s the penalty structure:

• 3rd Degree (1 ounce or less) – 3-5 years prison, fines up to $35,000
• 2nd Degree (1 ounce to 5 ounces) – 5-10 years prison, fines up to $150,000
• 1st Degree (5+ ounces) – 10-20 years prison, fines up to $300,000

Dealing charges have minimum mandatory sentences baked in, so they’re tougher to plead down. But for small-time distribution they sometimes lower charges if it’s your first bust. An experienced lawyer is key, my friend!

How Do I Start Building My Defense?

As scary as this feels, you have more power than you realize right now. Making smart moves early can strengthen your case big time if this goes to trial.

Here are key questions I’d have for any client busted on MDMA charges:

• Were Miranda rights read properly when arrested? If not, we can get damning statements thrown out.
• Did cops have legal justification for search & seizure? If not, huge leverage to get drug evidence dismissed.
• Are there flaws in drug testing or chain of custody docs? Could create doubt or get charges lowered.
• Can we dispute intent to distribute based on amount found? Just a few pills can be for personal use.
• Were you read wrong charges? Sometimes possession becomes “intent to distribute” wrongly.

See all the angles a skilled lawyer digs into? We craft defense strategies unique to every case. I’d want to understand exactly what happened before advising legal options. Call me anytime to go over the details.

What Should I Do Right Now?

Here are my top 5 tips if you or someone you love got hit with MDMA charges:

1. Say Nothing. Seriously, not talking to anyone but your attorney protects against self-incrimination. Cops, cellmates, even friends could testify against you.

2. Hire a Lawyer ASAP. An experienced criminal defense attorney knows the system inside-out and will work non-stop to build your defense case. Public defenders drown in huge caseloads.

3. Follow Bail Rules. Make all court dates, stay where you’re supposed to, no trouble with the law. Any slipups get reported to the judge which looks bad!

4. Stay Clean. Pass all drug tests while out on bail, attend counseling, join a support group. It shows the court you’re getting your life together.

5. Lean on Community. Talk to friends and family, pastor or therapist. Don’t isolate! Emotional support makes this easier to handle.

I hope going through the likely gameplan here helps settle your nerves a bit. Try to be patient and trust the legal process – as bleak and slow as it seems right now. You’re not alone in this! I’ve seen hundreds of folks in your shoes come out OK in the end.

If you got questions, want to understand your legal options better or need to vent, my door is open. Call me anytime for a free case review. I promise we’ll figure out the smartest next steps together.