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Revok
I Am OTD

Registered: 08/29/12
Posts: 10,355
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Re: Ask an attorney [Re: Enlil]
#21264524 - 02/12/15 03:55 PM (8 years, 11 months ago) |
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pm in process of being written and sent.
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Anonymous #90
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Re: Ask an attorney [Re: Revok]
#21265271 - 02/12/15 05:57 PM (8 years, 11 months ago) |
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Will someone get charged with trafficking if caught with possession of a large amount of drugs to stock up for personal use? Lots of users stock up for a few months so they won't have to buy so often. (I'm talking above average quantities, nothing major).
Will it make a difference if multiple types of drugs are found? If so how worse will the consequences be?
Thanks.
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leschampignons
Biochemistry + Mycology



Registered: 08/30/13
Posts: 1,583
Loc: NY/NJ/ME
Last seen: 2 days, 7 hours
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Re: Ask an attorney [Re: Enlil]
#21265745 - 02/12/15 07:23 PM (8 years, 11 months ago) |
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Quote:
Enlil said: because I can't be an attorney if my testimony is necessary in the case. This is why I need someone other than me to testify as to the accuracy of the photo or what a witness said, etc.
I thought one could represent oneself in court? In that case wouldn't you be both testifying and an attorney?
Also I learned recently that in NJ you must prove need in order to get a public defender. Is this how it works in other states? I understand that the requirements are quite stringent as well.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
Anonymous said: Will someone get charged with trafficking if caught with possession of a large amount of drugs to stock up for personal use? Lots of users stock up for a few months so they won't have to buy so often. (I'm talking above average quantities, nothing major).
Will it make a difference if multiple types of drugs are found? If so how worse will the consequences be?
Thanks.
If you have a significant amount, or various drugs, or drugs packaged in individual doses, you'll be charged with possession w/intent to distribute. That doesn't necessarily mean they can prove it, but with the individual packaging, that is a pretty strong case.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
leschampignons said:
Quote:
Enlil said: because I can't be an attorney if my testimony is necessary in the case. This is why I need someone other than me to testify as to the accuracy of the photo or what a witness said, etc.
I thought one could represent oneself in court? In that case wouldn't you be both testifying and an attorney?
Also I learned recently that in NJ you must prove need in order to get a public defender. Is this how it works in other states? I understand that the requirements are quite stringent as well.
Representing yourself doesn't make you an attorney.
The Constitution only requires that you be represented on the public dime if you cant afford an attorney. Most states have some form of application process to see if you qualify. In NJ, you have to pay for the PD, but it isn't very much.
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leschampignons
Biochemistry + Mycology



Registered: 08/30/13
Posts: 1,583
Loc: NY/NJ/ME
Last seen: 2 days, 7 hours
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Re: Ask an attorney [Re: Enlil]
#21266610 - 02/12/15 10:00 PM (8 years, 11 months ago) |
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I meant to refer to someone like you who is an attorney, should they desire to represent him/herself.
So you think it is still worth it in most cases to hire the PD at a lower cost than a private one?
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Anonymous #94
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if someone were arrested after an investigation, and alleged to be driving marijuana from a legal state, into an illegal state, where USPS then takes it through jamaica for example, to get it to the US virgin islands. would that person be charged with international trafficking because it was put through a hub in another country? or would it stay just interstate trafficking because the US holds the part of the virgin islands the package lands in?
also if a package of MJ is intercepted somehow by police, whats the likelihood they dust it for finger prints? like under 2 lbs, nothing big
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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When I am representing myself, I'm not acting as an attorney.
As far as the PD, it depends. PDs are often excellent trial attorneys, as long as you get one that has a few years of experience. They also work with the DA every day, so they know the best way to get a deal. Having said that, the PD is going to have a far greater caseload than a private attorney, and the private attorney may be more gung ho to spend the time on the case.
My advice: If you're just cutting a plea anyway, the PD is probably the way to go. If you're planning on going to trial (very rare), or make motions to dismiss/suppress, a private attorney that used to be a DA or a PD is the best choice.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
Anonymous said: if someone were arrested after an investigation, and alleged to be driving marijuana from a legal state, into an illegal state, where USPS then takes it through jamaica for example, to get it to the US virgin islands. would that person be charged with international trafficking because it was put through a hub in another country? or would it stay just interstate trafficking because the US holds the part of the virgin islands the package lands in?
That depends on whether they can prove the knowledge of the defendant. Certainly, someone can't be convicted of international trafficking if he didn't know/intend for the drugs to enter another nation.Quote:
also if a package of MJ is intercepted somehow by police, whats the likelihood they dust it for finger prints? like under 2 lbs, nothing big
Very unlikely unless they have a specific reason to find the source of that particular package. The prints wouldn't be enough to convict someone anyway, so unless the police think that running the prints will lead to some huge bust, they're not going to waste the time.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #94
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Re: Ask an attorney [Re: Enlil]
#21266829 - 02/12/15 10:46 PM (8 years, 11 months ago) |
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fuckin aye, im baffled finger prints on the inside of the pack arent enough alone to get someone convicted....thanks for the info
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Nope...Fingerprints aren't very strong circumstantial evidence in that situation.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #94
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Re: Ask an attorney [Re: Enlil]
#21266862 - 02/12/15 10:55 PM (8 years, 11 months ago) |
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i guess the plausible deniability being that the person had touched the packaging before (in the store or maybe gave out bags or something) anything illegal was done with it?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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There are any number of reasons the fingerprints could be on it. At best, it could prove possession of a bag, which isn't a crime in the U.S.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #90
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Re: Ask an attorney [Re: Enlil]
#21267223 - 02/13/15 12:44 AM (8 years, 11 months ago) |
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Quote:
Enlil said:
If you have a significant amount, or various drugs, or drugs packaged in individual doses, you'll be charged with possession w/intent to distribute. That doesn't necessarily mean they can prove it, but with the individual packaging, that is a pretty strong case.
So if I understand correctly, being in possession of a significant amount is not considered 'proof' just alone for intent of trafficking, more evidence is needed on top of that?
Picture this scenario; A man gets raided at his home and his drugs are found. The cops find 50g of weed in 1 plastic bag, 30 LSD blotters from the same strip, some DMT and some xanax. It is all for personal use.
Would you say there is a high chance the guy will be sentenced for trafficking?
Would you recommend any usefull tips to the man that could possibly save his ass from trafficking? (Like, do not keep indivisual packaging etc....)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
Anonymous said:
Quote:
Enlil said:
If you have a significant amount, or various drugs, or drugs packaged in individual doses, you'll be charged with possession w/intent to distribute. That doesn't necessarily mean they can prove it, but with the individual packaging, that is a pretty strong case.
So if I understand correctly, being in possession of a significant amount is not considered 'proof' just alone for intent of trafficking, more evidence is needed on top of that?
Picture this scenario; A man gets raided at his home and his drugs are found. The cops find 50g of weed in 1 plastic bag, 30 LSD blotters from the same strip, some DMT and some xanax. It is all for personal use.
Would you say there is a high chance the guy will be sentenced for trafficking?
I'd say there is a high chance that the guy is going to cut a plea bargain. What he's going to plead to will depend on many factors. If he took it to trial, he MIGHT be acquitted of the intent to distribute, but that's a small consolation because he's going to get convicted of multiple counts of possession of large quantities.
The bottom line is that fighting the trafficking charge at trial is pretty stupid since the possession alone will get him locked up for years.Quote:
Would you recommend any usefull tips to the man that could possibly save his ass from trafficking? (Like, do not keep indivisual packaging etc....)
My advice, in order of effectiveness:
1. Don't possess scheduled substances 2. Don't possess large quantities of scheduled substances 3. Don't get caught
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Anonymous #90
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Re: Ask an attorney [Re: Enlil]
#21268013 - 02/13/15 08:34 AM (8 years, 11 months ago) |
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Quote:
Enlil said:
Quote:
Anonymous said:
Quote:
Enlil said:
If you have a significant amount, or various drugs, or drugs packaged in individual doses, you'll be charged with possession w/intent to distribute. That doesn't necessarily mean they can prove it, but with the individual packaging, that is a pretty strong case.
So if I understand correctly, being in possession of a significant amount is not considered 'proof' just alone for intent of trafficking, more evidence is needed on top of that?
Picture this scenario; A man gets raided at his home and his drugs are found. The cops find 50g of weed in 1 plastic bag, 30 LSD blotters from the same strip, some DMT and some xanax. It is all for personal use.
Would you say there is a high chance the guy will be sentenced for trafficking?
I'd say there is a high chance that the guy is going to cut a plea bargain. What he's going to plead to will depend on many factors. If he took it to trial, he MIGHT be acquitted of the intent to distribute, but that's a small consolation because he's going to get convicted of multiple counts of possession of large quantities.
The bottom line is that fighting the trafficking charge at trial is pretty stupid since the possession alone will get him locked up for years.Quote:
Would you recommend any usefull tips to the man that could possibly save his ass from trafficking? (Like, do not keep indivisual packaging etc....)
My advice, in order of effectiveness:
1. Don't possess scheduled substances 2. Don't possess large quantities of scheduled substances 3. Don't get caught
I've read simple possesion for marijuana is 28 grams or less. How many LSD blotters would it take for simple possesion?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Every state has its own statutory regime. I can't possibly give you anything resembling an accurate answer
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Larrythescaryrex
teardrop on the fire



Registered: 07/19/00
Posts: 11,004
Loc: further down the spiral
Last seen: 1 year, 1 month
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Re: Ask a defense attorney [Re: Enlil]
#21277494 - 02/15/15 12:59 PM (8 years, 11 months ago) |
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Question for Enlil.
I use to do some work for this woman at a merchant booth at like festivals. We had a bad falling out and she's been talking smack about me to people. I am afraid if she keeps obsessing about it, maybe she'll start to say I messed with her account books or help myself to some merch. I have done neither of those things. what would be the approperiate way to react if that were to happen. This woman is more or less insane.
-------------------- RIP Acidic_Sloth Sunset_Mission said: "larry the scary rex verily scary when thoroughly vexed invoke the shadows and dust, cast a hex mercifully massacring memories masterfully relocate from Ur to 8th density and become a cosmic bully mulder and scully couldn't decipher his glyphs invoke the shadows and dust, smoke infernal spliffs" April 24th 2011
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Accusing you of a crime is libel per se and grounds for a lawsuit. Proving damages may be tough, however.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Larrythescaryrex
teardrop on the fire



Registered: 07/19/00
Posts: 11,004
Loc: further down the spiral
Last seen: 1 year, 1 month
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Re: Ask a defense attorney [Re: Enlil]
#21277761 - 02/15/15 01:39 PM (8 years, 11 months ago) |
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and if such claims with no evidence other that false or distorted statements were made to the police? ( I'm pretty sure the way she runs her business is not exactly on the up and up to begin with)
-------------------- RIP Acidic_Sloth Sunset_Mission said: "larry the scary rex verily scary when thoroughly vexed invoke the shadows and dust, cast a hex mercifully massacring memories masterfully relocate from Ur to 8th density and become a cosmic bully mulder and scully couldn't decipher his glyphs invoke the shadows and dust, smoke infernal spliffs" April 24th 2011
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