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Anonymous #1

liability for friend's criminal actions from shrooms i gave to him?
    #24667437 - 09/28/17 03:16 PM (6 years, 7 months ago)

I was going to post this in the 'ask an attorney' thread  but since there seems to be a backlog of questions waiting to be answered, i figured i would post it here for the time being (not trying to take a dig at Enlil or anyone else who helps out in that thread...i realize that they can all have extremely busy schedules).

I gave a good friend of mine a gallon ziplock bag full of fresh shrooms along with a monotub with a flush or two left to go.  I've taken shrooms, acid, and dmt with him on multiple occasions, and he's always been a cool guy to trip with.  He's never displayed any symptoms of mental instability, and through the years he's provided me with acid while i've given him dried shrooms (he's not into growing). 

It was a major shock to find out that on his last trip, he had a psychotic episode after taking a mega-dose which led to some serious criminal charges (the worst being attempted murder for which he has been indicted).  I wasn't present but one of his friends told me that it was definitely with my shrooms, and i feel extremely saddened and guilty over the whole situation. 

So i figure that at some point i may play an important role for his defense, since he definitely wasn't himself when the incident occured.  I feel strongly that i should do whatever i can to help him, even if it includes testifying that i provided him with the shrooms which led to the criminal activity,  in order to help prove he had no true intention of killing anybody.

I'm wondering if i necessarily need to get a lawyer, and how to provide him with the most help while minimizing the degree to which i incriminate myself (i've never had a criminal charge before, but would be willing to get charged if it helped to prove him innocent of attempted murder).  Thanks for any advice.

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InvisibleByrain

Registered: 01/07/10
Posts: 9,664
Re: liability for friend's criminal actions from shrooms i gave to him? [Re: Anonymous #1]
    #24667463 - 09/28/17 03:26 PM (6 years, 7 months ago)

Drugs are not an excuse or defense for attempted murder and the only thing you will accomplish by implicating yourself are your own criminal charges. I suggest you cut your losses and choose better friends in the future.

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Anonymous #2

Re: liability for friend's criminal actions from shrooms i gave to him? [Re: Byrain]
    #24667659 - 09/28/17 04:20 PM (6 years, 7 months ago)

This is out of your hands.  I have a friend serving time for 2 counts of attempted murder.  As much as I wanted to try to help his case, there was equally little I could do.

Just stay out of it and let it play out, there is nothing you can do. Incriminating yourself as a schedule 1 drug supplier is not going to help anything.

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Anonymous #3

Re: liability for friend's criminal actions from shrooms i gave to him? [Re: Anonymous #2]
    #24669673 - 09/29/17 11:00 AM (6 years, 7 months ago)

I wouldn't volunteer information.  If they try pushing that it was the shrooms and than you admit to giving him the shrooms, you may be in trouble.


I used to be friends with this idiot who tried to kill himself on some benzos he claimed were from me.  It wasn't a strong defense and they were wrong, but they tried.

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OfflineAlan RockefellerM
Mycologist
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Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 21 hours
Re: liability for friend's criminal actions from shrooms i gave to him? [Re: Anonymous #3] * 2
    #24680332 - 10/03/17 07:41 AM (6 years, 7 months ago)

Keep your house clean for a year at least, and do not talk to the police under any circumstances.

I do not think you coming forward would help his case.  If its in his best interest his lawyer will tell him to testify that he was on mushrooms, and the court will believe him.

Mushrooms are an unpredictable drug and giving them away is dangerous.

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Anonymous #1

Re: liability for friend's criminal actions from shrooms i gave to him? [Re: Alan Rockefeller]
    #24704881 - 10/12/17 01:51 PM (6 years, 7 months ago)

Quote:

Alan Rockefeller said:

I do not think you coming forward would help his case.  If its in his best interest his lawyer will tell him to testify that he was on mushrooms, and the court will believe him.





if his lawyer does go forward with a plan for him to testify that it was mushrooms that caused his behavior, and that i could serve to support his defense by testifying to my prior usage with him along with supplying him with the shrooms that led to the attempted murder charge, how concerned should i be with regard to being charged with accessory or accomplice liability, considering the recent wave of 'drug dealer liability' cases such as those involving herion dealers being charged with manslaughter when someone OD's?  Would i necessarily need to hire a lawyer?  Thanks.

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OfflineThe Mycologist
Explorer

Registered: 05/06/16
Posts: 3,024
Last seen: 2 months, 7 days
Re: liability for friend's criminal actions from shrooms i gave to him? [Re: Anonymous #1]
    #24704893 - 10/12/17 01:56 PM (6 years, 7 months ago)

Hes probably gonna accept whatever plea they give him. You definitely dont want to involve yourself, you wont help the situation anyways.


--------------------
"That you are here—that life exists, and identity;
That the powerful play goes on, and you will contribute a verse.”
― Walt Whitman, Leaves of Grass
:acidfire::tmckenna:

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Anonymous #4

Re: liability for friend's criminal actions from shrooms i gave to him? [Re: The Mycologist] * 3
    #24704923 - 10/12/17 02:20 PM (6 years, 7 months ago)

You should be concerned about being charged if you admit under oath to felony distribution of a controlled substance. You should further be concerned about being charged since use of said substance led to an attempted murder charge.

Getting up on the stand and saying what you're planning to say serves no purpose other than to admit under oath and on the record that you are a drug dealer and sold drugs that are connected to an attempted murder case.

In the eyes of the judge, jurors, and lawyers involved, you are drug dealing scum and have no credibility. Your testimony isn't going to suddenly make them believe mushrooms were involved if they don't believe it just based on your friend's word that they were; furthermore, they don't care. Saying you were on drugs when you tried to kill someone doesn't make you less culpable. Maybe it casts doubt on intent, but if he tried to kill someone, he's still taking the fall, drugs or not.

Keep your mouth shut. Talk to no one, be it your friend's lawyer or police. Don't talk to your friend either. If he's been calling you from jail, they're recording the two of you. Right now you get a free pass. Involving yourself will not help your friend, but it will definitely hurt you. Stop trying to delude yourself into thinking otherwise and listen to all the people telling you to keep your mouth shut and thank your lucky stars you're not sitting in jail alongside your friend.

If you want to help your friend, start saving up money to put into his prison commissary account. Seriously the only helpful thing you can do besides keeping your mouth shut.

Get a lawyer if you want. They'll tell you to keep your mouth shut too. Maybe you'll listen to them.

If your friend's lawyer really thinks putting a drug dealer on the stand to say what you want to in defense of his client is a good idea, find him another lawyer.

You sound like you want to do all this perhaps out of guilt. Maybe you think martyring yourself by doing this will somehow make you feel better. It won't. Your friend is taking the fall. You can't help him. You can only incriminate yourself. You sold him drugs that led to his life being ruined. You're going to have to learn to live with that.

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Anonymous #5

Re: liability for friend's criminal actions from shrooms i gave to him? [Re: Anonymous #4]
    #24715746 - 10/17/17 01:02 AM (6 years, 6 months ago)

Quote:


If you want to help your friend, start saving up money to put into his prison commissary account. Seriously the only helpful thing you can do besides keeping your mouth shut.




This!

Sucks for your friend, but there is no good to come of your coming forward.
If you want to help your friend, put money into his commissary account, visit him/write him, and help him get back on his feet once he is out.

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