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InvisiblePrisoner#1
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Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
2 Laws you need to know about
    #2291629 - 02/01/04 11:52 AM (20 years, 3 months ago)


A couple of years ago my younger brother was arrested for a charge called loitering for solicitation of drug purposes, this is a BS type of charge used to hold you for a coupel of days for any number of reasons. He knocked on the door of someone with a drug raid in progress, he was of course arrested for being present.

The cops searched his truck and found nothing but a pack of rolling papers under the seat, he was released the next day on an OR, a signature bond. the charges were dropped a week later after a discussion with the county prosecutor, with him saying it was basicly an arrest for being in the wrong place a the wrong time.

the flaw in this law is that any home, neighborhood or area can be construed as a drug trafficking area. Should you enter this area at the time of a 'sting' or raid, assuming you are clean, will also probably be charged with this or a similar crime. When I spoke with the prosecutor and mentioned that there were no signs designating the neighborhood as a 'drug area', I was informed that it would be illegal and a civil rights violation to post such a sign. I inquired if it would also be a civilrights violation and illegal to arrest someone that had no knowledge of the area and it's popularity.

The second is Possession by consumption/injestion, pretty much self explanitory but it's the act of having a controlled substance in your system. This charge is more difficult to fight because if it is found in your system you were in possession of the drug and had also consumed the drug. You can be charged with additional offenses like DUI/DWI and the injestion/consumption is simply an additional in case the state cannot make a DUI case.

Many counties and cities across the nation are adopting laws like these as well as implied consent laws stating that if you are operating a motor vehicle you are agreeing to submit to an alcohol/drug test. No warrant is needed for implied consent, refusal will automaticaly suspend your license, as will having possession through consumption or physical possession.

I see the questions asked frequently and these are the answers, if you are arrested for either of these, hire an attorney asap. the more time he has with your case the better your chances.

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InvisibleJoshua
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Registered: 10/27/98
Posts: 5,398
Loc: The Matrix
Re: 2 Laws you need to know about [Re: Prisoner#1]
    #2298520 - 02/03/04 06:20 PM (20 years, 3 months ago)

Thanks for this informative post.

Joshua


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