Just found out my 18 year nephew got tossed in the clink for marijuana possession and intent to distrbute.  He lives in Virginia and got forty five days.  I can't get a straight story out of his mom.  She tells me he was set up, it was only four "bags", and that he's a good kid, etc, blah blah blah.
Now it seems to me that a kid with a clean record on a first time offense might get a break. (he aint gonna do well in jail). He has been kicked out of the college he was going to enroll in as well.  Is this an appropriate sentence or has this kid fucked up before that I am not aware of?

Sounds like he had a lot of weed.

Depends how big those bags were.

Garbage bags?  

45 days for intent to distribute? Doesn't sound too excessive based on what I've heard for the Midwest, frankly.

If he was set up, he'd better start singing.

How was he "kicked out" of a college he hadn't enrolled in? That makes no sense. Missing the enrollment deadline because you're in jail does not equate to being kicked out.

Quoted: Just found out my 18 year nephew got tossed in the clink for marijuana possession and intent to distrbute.  He lives in Virginia and got forty five days.  I can't get a straight story out of his mom.  She tells me he was set up, it was only four "bags", and that he's a good kid, etc, blah blah blah. Now it seems to me that a kid with a clean record on a first time offense might get a break. (he aint gonna do well in jail). He has been kicked out of the college he was going to enroll in as well.  Is this an appropriate sentence or has this kid fucked up before that I am not aware of?

What was the weight? were they bagged for sale? Are you sure he has never been in trouble before? I'd bet he's been in trouble as a juvie before, it's just he skated because of it. Now he's playing with the big boys and the fun stop real quick. No one gives a crap about age now because he's playing with the adult court. Momma needs to understand she does not mean anything to the court system anymore, and he is the only one that counts.

I hope he gets his life together, and I hope jail is hell for him, so much so that he never wants to go back again.

Quoted: Just found out my 18 year nephew got tossed in the clink for marijuana possession and intent to distrbute.  He lives in Virginia and got forty five days.  I can't get a straight story out of his mom.  She tells me he was set up, it was only four "bags", and that he's a good kid, etc, blah blah blah. Now it seems to me that a kid with a clean record on a first time offense might get a break. (he aint gonna do well in jail). He has been kicked out of the college he was going to enroll in as well.  Is this an appropriate sentence or has this kid fucked up before that I am not aware of?

Since you didn't say he has one, get a freakin lawyer!!!!!!!!!!!!!!!!


Having said that they might drop charges is he serves up some else, but that comes w risk.

Yeah, he plead and got the time.  The college he was enrolled in found out about the charge and refused to let him enroll.  I don't blame them.  I don't know how much he had on him, and I don't know drugs or drug law.  I figure now he has fucked up as a juvenile and they threw the book at him.  My wife is pissed at me because I am not the least bit sympathetic.  In fact, I hope he gets his ass kicked a few times (nothing worse) and decides that jail and crime aint the way to go.

If I am not mistaken possession for sale is a "felowmeter". I would not complain about 45 days.

I've worked as a detention officer for 5 years in Arizona and deal directly with the court system every day. Virginia law will be different but based on the info you have given us he was treated fairly by the courts.
"4 bags" = intent to distibute. One bag with the same total weight may have been treated differently (personal use {within reason})
it was only four "bags" sounds like mom is in total denial and may have a history of making excuses rather than face the facts, no offense meant.
I have a lot of contact with parents of defendants who don't want to face the facts and start second guessing everything but their child ("the officer was mean", "it was his friends dope", etc, etc)
If it were Arizona he would have been charged with a felony but not faced any jail time . AZ law was changed 5 years ago to NOT require jail time for first time drug offenses in AZ, instead requiring mandatory heavy fines and drug classes.

There may be some recourse with the court to change his plea within a certain time frame.

Your nephew plead guilty or no contest to the charge and he knows what he did or didn't do. Hopefully the 45 days will teach him a lesson and he'll straighten up.

Quoted: Just found out my 18 year nephew got tossed in the clink for marijuana possession and intent to distrbute.  He lives in Virginia and got forty five days.  I can't get a straight story out of his mom.  She tells me he was set up, it was only four "bags", and that he's a good kid, etc, blah blah blah. Now it seems to me that a kid with a clean record on a first time offense might get a break. (he aint gonna do well in jail). He has been kicked out of the college he was going to enroll in as well.  Is this an appropriate sentence or has this kid fucked up before that I am not aware of?

Is his Dad in the picture?  just curious

You would need more details and facts before you could determine if he got a fair shake.

How much weed was he caught with?

How much $$ did he have on him at the time of arrest?

How was the weed packaged?

Where was he busted? (physical location)

Why was he busted? (Speeding? Standing on a street corner? Anonymous tip?)

Who was he with when he was busted?




That being said, if the situation was say him riding in a buddies car and the buddy had his stash under your nephews seat and the cops pinched your nephew because of the location of the weed and his buddy let him take the pinch, that would suck.

More detail and facts would help.

I did 30 days in jail, wasn't bad at all.

After the first few rapings, I started to not notice. Sometimes when I'm walking or mowing the yard, the shiv in my back shifts slightly and I piss myself, but other than that I'm no worse for the wear.

I think the boy will do fine. Might even be good for him.

Go to Nevada. Felony for mere posession, 3 years prison (or at least it used to be).

Sounds like you're being fed a line of BS, though - he must have had a significant amount, or several pieces packaged for resale.

Quoted: I did 30 days in jail, wasn't bad at all. After the first few rapings, I started to not notice. Sometimes when I'm walking or mowing the yard, the shiv in my back shifts slightly and I piss myself, but other than that I'm no worse for the wear. I think the boy will do fine. Might even be good for him.

PLEASE tell me you're kidding.

" Your Honor, I merely found the 3 keys of dope and was on my way to the police officer station to turn it in when I was arrested..."

Quoted: Quoted: I did 30 days in jail, wasn't bad at all. After the first few rapings, I started to not notice. Sometimes when I'm walking or mowing the yard, the shiv in my back shifts slightly and I piss myself, but other than that I'm no worse for the wear. I think the boy will do fine. Might even be good for him. PLEASE tell me you're kidding.

Yes, I'm kidding. I don't really piss myself.

Quoted: Quoted: I did 30 days in jail, wasn't bad at all. After the first few rapings, I started to not notice. Sometimes when I'm walking or mowing the yard, the shiv in my back shifts slightly and I piss myself, but other than that I'm no worse for the wear. I think the boy will do fine. Might even be good for him. PLEASE tell me you're kidding.

Nah. He ain't kidding. Remind me to tell you of the time I did 2-5 for for overdue liberry books.

Quoted: Quoted: Quoted: I did 30 days in jail, wasn't bad at all. After the first few rapings, I started to not notice. Sometimes when I'm walking or mowing the yard, the shiv in my back shifts slightly and I piss myself, but other than that I'm no worse for the wear. I think the boy will do fine. Might even be good for him. PLEASE tell me you're kidding. Yes, I'm kidding. I don't really piss myself.

So you really didnt get raped in jail? I heard about a guy i knew and  how he had to give a few blowjobs to get new shirts and a pair of shoes.

The thing about jail is it is the "college of the criminals".  He will learn more in 45 days thatn a semester of college and it won't be book smarts, unfortunately.

That really sucks as it virtually corners him into a life of crime.  Why bust your balls in legitiamte college when you can make a lot more money on the dark side?  

Since he plead guilty, there is little hope until he gets out.  Not to sound crass but if he feigns suicide and gets solitary confinement, it will keep him from the bad elements.  Sad but true...

Jail is a clearing house of criminal trades.  And if that isn't bad enough, it is a recruitment center for ROPs.  And if you are white and don't subscribe to the victimology 101 of the ROPers, then the AN/triple Ks will recruit you.  There is no middle road if you want to keep your virgin ass.  Pick a side or become a prison bitch.

Sad but true.  Just be glad he was pinched for drugs and not something else.  Like pedophilia.  

Quoted: Since you didn't say he has one, get a freakin lawyer! Having said that they might drop charges is he serves up some else, but that comes w risk.

If he already got 45 days it sounds like he was convicted and sentenced already.  Possession for sales is a felony and he is lucky he got such a light sentence.  I would guess he pled guilty to simple possession (A Misdemeanor) and they dropped the Felony sales charge.  Just a guess though.

what is a liberry book?  i wonder if you got the sentence for not being able to spell library?

Quoted: Quoted: Quoted: Quoted: I did 30 days in jail, wasn't bad at all. After the first few rapings, I started to not notice. Sometimes when I'm walking or mowing the yard, the shiv in my back shifts slightly and I piss myself, but other than that I'm no worse for the wear. I think the boy will do fine. Might even be good for him. PLEASE tell me you're kidding. Yes, I'm kidding. I don't really piss myself. So you really didnt get raped in jail? I heard about a guy i knew and  how he had to give a few blowjobs to get new shirts and a pair of shoes.

I'd never blow a guy for new shirts and shoes. Now, a 52" hi-def plasma screen is a different tune, but not for shoes.

No, I didn't really get raped in jail. I went 30 days for drunken/disorderly and resisting arrest when I was a young swingset. I could have opted for 500 hours community service, but 30 days in jail sounded better than weeks of cleaning ambulances....so I went to the klink. It wasn't bad, mostly drunks and druggies in there and aside from one guy who tried to steal my shit while I was sleeping - that resulted in 2 of us tackling him and the guard taking him out of our cell, there were no incidents. I didn't learn any criminal trade (other than how jailhouse tats are done with guitar strings), and no one was nasty. I don't know if I got lucky, but it was actually pretty painless.

I spent a few days at the police range picking up brass and cutting weeds....which for some guys was a PITA, but I was memorizing headstamps and doing range drills in my head. It was not unpleasant at all, for a gun nut.

I'm embarassed about going to jail, in a way because it was very unlike me to get in be drunk at all, let alone being in trouble with the law, but it's also an experience which made me realize I would never want to lose my freedom again and I've never been naughty since.

Maybe that'll teach your pothead nephew a lesson.   Why is everyone a "good"  person after being caught red-handed?  I'd have given him 6 months.  

....don't do the crime if you can't do the time.