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kylesmith
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Need Legal Advice Quickly-Friend Solicited Shrooms
#10234812 - 04/26/09 03:22 AM (15 years, 26 days ago) |
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Hey everyone. Here's my friend's situation. He's 18 and lives in Illinois.
Edited by kylesmith (04/26/09 05:22 PM)
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Alan Rockefeller
Mycologist


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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: kylesmith]
#10234875 - 04/26/09 03:49 AM (15 years, 26 days ago) |
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Your friend is doing the right thing by avoiding the calls.
Since this guy likes to talk to the police, your friend must never talk to him under any circumstances.
Tell your friend to clean house for a few months and don't answer any calls from that number. If he calls from a different number hang up immediately. This would be a good time to cancel that cell phone contract and get a new number with a different provider.
Do not speak to any police, do not speak to any investigators, make no statements to anyone no matter what.
If he follows those rules he should be ok.
If he admits anything to anyone he will be likely to catch a felony.
This is a good reason not to deal with minors at all.
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Prof. Astro
acirebma

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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: Alan Rockefeller]
#10235702 - 04/26/09 10:28 AM (15 years, 26 days ago) |
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They can't charge him with anything yet, other than intent, I'm not even sure if it applies in this situation. Tell him to do as Alan said, it is the best advice for this situation.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: Prof. Astro]
#10235796 - 04/26/09 10:56 AM (15 years, 26 days ago) |
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They surely can charge him. They've got the text message and the testimony of the daughter, that's plenty for an indictment.
Do as allan says. Say nothing to anyone.
The pure idiocy of her father (does he hate his daughter?) is shocking. Did this man look up what kind of sentence drug dealers get for those drugs? Does he want his daughter to get that?
The father is either a hateful person who wants his daughter to go to jail and be a felon, or is a complete fool who has no idea what he's doing. Both are dangerous.
As alan said, do not talk about this under any circumstances no matter what. There is no way to make this easier on yourself. Say nothing and you might skate out of this. That includes when the police tell you it won't be a big deal and suggest you were only trying to buy button mushrooms or whatever. Say nothing, ask for an attorney, say nothing.
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kylesmith
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: kylesmith]
#10235805 - 04/26/09 10:57 AM (15 years, 26 days ago) |
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Yeah my friend and I spoke to a couple of close friends about the situation. One friend recommended we call back the guy immediately and apologize so that he loses steam because what he figured is that the dad just wants to see that my friend gets punished: be it by his parents, the cops, his school, whatever, he just needs to know that my friend won't ever talk to his daughter again and that my friend doesn't walk free.
As far as information is concerned, the dad knows my friend's first name but probably not his last name. My friend removed her from facebook and other social networking sites so he can't find out. It's funny because my friend actually goes to college. The father must think my friend is in high school otherwise why would he call his cell phone asking to speak to his parents unless he thought that was his house phone and he lived at home? Weird.
Edited by kylesmith (04/26/09 05:23 PM)
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kylesmith
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: kylesmith]
#10235819 - 04/26/09 11:01 AM (15 years, 26 days ago) |
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post
Edited by kylesmith (04/26/09 05:26 PM)
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Prof. Astro
acirebma

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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: kylesmith]
#10235878 - 04/26/09 11:17 AM (15 years, 26 days ago) |
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Yeah, if he didn't mention a specific drug or anything either then "picking up," just keep up with Alan's advice and severe communication.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: Prof. Astro]
#10235920 - 04/26/09 11:29 AM (15 years, 26 days ago) |
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Hello, yes, you can go to jail and so can the girl.
Do not talk to anyone. Now that all your friends have admissions if the police talk and threaten them they will rat you out as well.
They don't need any more evidence like recordings or whatnot to indict you, so it doesn't even matter since I doubt you want to be arrested, jailed, bonded, and go to trial. Just shut up and hope it goes away. If the dad is getting the police involved he does not care at all for his daughter and he surely doesn't care at all about you.
If you talk to that guy, even without it being recorded, its just that much easier to indict your ass. Clean up your act, don't think they won't get a warrant. They may allready be in "save the children by giving them mandatory minimum incarceration terms and a lifetime of felony status" mode as we speak.
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Prof. Astro
acirebma

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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: johnm214]
#10235952 - 04/26/09 11:37 AM (15 years, 26 days ago) |
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He can but I don't think it's a situation where he is in a lot of danger, all they have to go off of is text messages where he vaguely mentions pick up, or so he says. If the girl faltered and mentioned it being mushrooms then yes they have a sound case. John is correct too, if you do talk record it, get any threats against you on tape as evidence unless it is illegal in your state.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: Prof. Astro]
#10235969 - 04/26/09 11:40 AM (15 years, 26 days ago) |
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Your forgetting her statements. People always concentrate on the physical or electronic evidence for some reason. Her statements are plenty to send him to jail or indict him.
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Prof. Astro
acirebma

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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: johnm214]
#10236053 - 04/26/09 12:01 PM (15 years, 26 days ago) |
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Yeah, well that's why I went back and changed my opinion, the father if questioning the daughter might have found out what the "stuff" was and he could easily end up with a sentence if those goes south.
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kylesmith
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: johnm214]
#10236232 - 04/26/09 12:35 PM (15 years, 26 days ago) |
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Thanks for the help guys, really appreciate it.
Edited by kylesmith (04/26/09 05:27 PM)
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Doc_T
Random Dude




Registered: 03/06/09
Posts: 42,395
Loc: Colorado
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: kylesmith]
#10236279 - 04/26/09 12:42 PM (15 years, 26 days ago) |
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No- read what Alan Rockefeller said upthread. Your friend should say nothing. To anybody. About anything.
Cops won't drug test your friend, they have no reason to and can't anyway.
If the girl is involved, she may be pressured to give names- like the guy that gave them to her. Some random potential customer is in no danger.
Say nothing, do nothing.
-------------------- You make it all possible. Doesn't it feel good?
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Country1
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: Doc_T]
#10236485 - 04/26/09 01:15 PM (15 years, 26 days ago) |
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Your buddy is fine, a case like this with any type of jail time involved even the lowest lawyer on the chain will be able to get you out of this. There is a 90% chance nothing will even come out of this, getting the police involved implicates his daughter who had enough mush to be put away in a juvenile prison. The other 10% is your friend going to court where the lawyer can easily dismiss the case. They will NOT lock you up for a text asking "can i come pick them up soon".
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johnm214



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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: Country1]
#10236605 - 04/26/09 01:37 PM (15 years, 26 days ago) |
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you presume the father is rational and informed, which is stupid. You also neglect testimonial evidence- as I observed above I don't know why people always do this, but the strongest evidence in this case is no the text message per se, its the girl's statements (depending upon what she can say).
Hopefully he will escape without anything, but it's looking less likely given his question above, which reveal he doesn't get it. It looks like he may admit to sending the text anyways so the cops won't even need the text message, they'll have his admission.
Original poster. Several times its been said by several different people. You don't get it. Say nothing. That's it. Ask for an attorney and say nothing, no matter what. You are allready discussing admitting to texting the person in some "excuse" your going to feed the cops. You think the cops care about your excuses? You think the father does? No, they will play along with your excuse and then dutifly note your admission to sending the text and then convict you with it- a piece of evidence they didn't have before out of your own mouth. That is if they can't get you to admit outright, which they will likely do if they can get your ass talking and equivocating. They are professionals, your just a dumb little kid, and they know you are guilty and don't feel the least bit bad about lieing to you.
I don't know how much clearer this can be. Say nothing. There is no way it can help. Everything you can say to them will only make their job easier and negate the relevance of any suppressed/inadmitted evidence (like the mushrooms or the text). If you really feel powerless and such you can start by empowering yourself with information WHY this is the correct course by searching past posts. There's a decent video floating around here with a defense attorney and a cop that you should watch.
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kylesmith
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: johnm214]
#10236669 - 04/26/09 01:50 PM (15 years, 26 days ago) |
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I understand what you'll are saying. Do nothing, say nothing. There is no way it can help. Neither my friend and I have been involved in cases like this before. At first it seemed like the easy way out to "not do anything" and just hope that the whole thing passes by, but from what you'll are saying that really is the best thing to do. My friend is not going to say or do anything. If the dad calls, he is not going to answer. The daughter keeps leaving him voice mails saying she needs to talk to him about something, but he hasn't called her back and refuses to.
This will be one of my last posts. In cases like this, the cops are probably more concerned with who supplied the girl than with my friend buying from the girl. How could the cops contact my friend if he lives an hour south AND if it is most likely that the girl doesn't know his last name and really not much about him? Do these cases take time to develop? What I'm asking is although it's surely uncertain, when do cases like this usually pass away and my friend can become more confident that nothing is going to happen to him?
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Doc_T
Random Dude




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Posts: 42,395
Loc: Colorado
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: johnm214]
#10236672 - 04/26/09 01:50 PM (15 years, 26 days ago) |
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Quote:
johnm214 said: Ask for an attorney and say nothing, no matter what.
Word up. "I want a lawyer." Say it with me now, "I want a lawyer."
When you get a lawyer, the lawyer says everything. If you go to court, you'll have to stand up and say "Not guilty, Your Honor."
But it's not going to court because you are going to STFU and say NOTHING!
-------------------- You make it all possible. Doesn't it feel good?
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kylesmith
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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: kylesmith]
#10236702 - 04/26/09 01:55 PM (15 years, 26 days ago) |
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So you're saying they could potentially go to my friend's residence, meet him there, and arrest him and take him to the station? If that happens, I remember reading he has to state his full name and address (which they obviously know if they met him at his place) but he has the right to remain silent after that. All he should say is "I want a lawyer."
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Doc_T
Random Dude




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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: kylesmith]
#10236721 - 04/26/09 01:58 PM (15 years, 26 days ago) |
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Potentially? Yes. But then potentially Jessica Alba could show up at the door too. One's about as likely as the other.
PS - if it's Jessica, let me know. And... it's not a lawyer you'll be asking for in that case.
-------------------- You make it all possible. Doesn't it feel good?
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Country1
Ehhh



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Re: Need Legal Advice Quickly-Friend Solicited Shrooms [Re: Doc_T]
#10238461 - 04/26/09 07:15 PM (15 years, 26 days ago) |
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Any lawyer could question the girls testimony and character seeing as she had an ounce of mushrooms in her possession and the guy in question didn't have any and only asked "when can i come by and pick them up". In order for her to testify against him she would have to say "He asked me if he could come buy the drugs which I already had". That would never hold up in court.
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