Tuesday, December 2, 2014

What's the difference between sale & delivery of Meth and sale of a controlled substance? / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     What is the difference in the following charges.. Sale and delivery methamphetamine and delivery of a control substance?  I was issued a warrant and arrested on the sale and delivery September 6, 2013 bonded out on the following day September 7th . On January 2 they filed info set my arraignment and changed my charge to the delivery of controlled substance.

Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered It is the same difference. In the1 case they have to prove that the substance is methamphetamine (which requires lab analysis and confirmation); in the other they have to prove that it is another, presently unknown but presumably identifiable controlled substance.

In both events the elements are identical, but the penalties may be higher (especially if you reach a trafficking quantity) in the case of methamphetamine (it only takes 14 grams to reach the trafficking threshold and trigger both minimum mandatory penalties and a 1st degree - as opposed to the 3rd degree - felony.... the difference being facing 30 vs. 5 years).

My advise: While Avvo (and similar sites) are wonderful sources of generic information there is no substitute for an in person face-to-face consultation with a criminal defense practicioner. It is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line. In addition, either a lack of specificity in the written / typed question or confusion in the wording of the question, will likely further hamper the ability of any prudent responding attorney to provide both accurate and sage advise. You should get into a 407 area criminal defense lawyer's office asap.

I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt".

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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