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Invisiblet00th
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Registered: 12/03/07
Posts: 3,946
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Re: Ask a defense attorney [Re: All We Perceive]
    #15912535 - 03/07/12 03:56 AM (11 years, 10 months ago)

You get caught with a properly labeled research chemical - with no scale or caps or anything - what is your chance of beating that in court


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Invisiblet00th
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Registered: 12/03/07
Posts: 3,946
Loc: the dirty dirty
Re: Ask a defense attorney [Re: Enlil]
    #15913135 - 03/07/12 09:21 AM (11 years, 10 months ago)

Quote:

Enlil said:
Quote:

t00th said:
You get caught with a properly labeled research chemical - with no scale or caps or anything - what is your chance of beating that in court




Specifics are nice...What is a "research chemical" as you use the phrase?  Similarly, what are "caps"?  In addition, what are the charges you're trying to beat?

I don't want to sound like a noob here, but I work in the trenches...people don't generally call things by these terms on the street.

I am going to assume that you are talking about a legal substance that can be used to make an illegal substance.  I will further assume that "caps" refers to a finished product that would is illegal.

First, there is no possession charge for legal substances...even if you did have scales, etc.  States do have crimes that amount to possession of paraphenalia, but those aren't strictly possession.  They require proving an intent to use the items for an illegal purpose.

Usually, these types of things are all based on context.  If you're caught driving a rental truck with 400 lbs of pseudoephedrine hidden inside second hand furniture...you're going to have an uphill battle fighting that one.  If you're caught with 10 boxes of sudafed, the state's going to have the uphill battle.

I'm sorry I can't be more specific.  I just am not certa
in what exactly you are asking.




sorry let me clarify

by a research chemical i meant an actual drug that may not be scheduled yet. lets say - MXE. and by a cap i meant the pill shell that is used to cap chemicals up for sale. caps = intent of human consumption.

the way i figure it - your riding down the road with 100g of mxe - properly labeled and with nothing on you to make it seem like its for human consumption - your still going to get arrested.

my question is are you going to get off of the charge (possesion, trafficking, whatever it may be) when you go to court.


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