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Offlinehogstomper
Stranger
Registered: 03/11/05
Posts: 5
Last seen: 2 years, 4 months
busted in va
    #3907192 - 03/12/05 02:49 PM (11 years, 8 months ago)

So I got busted in Virginia with 3 bags each containing 1/8 of an oz. of psilocybin-bearing mushrooms. I know that this is a class one drug felony and all, but does anyone know the general consequences for this type of thing? Or perhaps a site with some useful information?
Any help is greatly appreciated.


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InvisiblePsychoactive1984
PositiveCynicist
Male
Registered: 02/06/05
Posts: 3,546
Loc: California, Monterey Coun...
Re: busted in va [Re: hogstomper]
    #3907346 - 03/12/05 03:26 PM (11 years, 8 months ago)



--------------------
"Their is one overriding question that concerns us all: How can we get out of the fatal groove we are in, the one that is leading towards the brink?" Albert Szent-Gyorgyi
"We may not be capable of eradicating the corruption of reason, but we must nevertheless counter it at every instance and with every means." Dan Agin
"Politics is the best religion and politicians are the worst followers."
-It's ok to trip as long as you don't fall.
-Substance over Style.
-Common sense is uncommon.


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InvisibleRandalFlagg
Stranger
Registered: 06/15/02
Posts: 15,608
Re: busted in va [Re: hogstomper]
    #3908039 - 03/12/05 05:57 PM (11 years, 8 months ago)

What happened? What were the circumstances? Did you get caught selling? Did you just get caught for possession?

#1: Don't talk to anybody about anything. Don't talk to your friends about what you did. Don't talk to the cops about what you did. If ANYBODY asks you anything you say, "Talk to my lawyer" or "My lawyer advised me not to say anything". Again I repeat: DON'T SAY ANYTHING TO ANYBODY.

#2: Get a private lawyer. Don't settle for a public defender. A public defender will walk you right to jail.

#3: You will want to craft your case to make it look like those bags were for your personal use. Selling drugs carries much higher penalties than just possessing them. Again, let the lawyer deal with that.

#4: Keep your nose clean. Don't party or get in any more trouble.

#5: Do whatever you can to "look good". Go to work every day. Do some charity work. Help out family and friends. A judge will be much less likely to bring the hammer down on an upstanding citizen as opposed to some dirtbag with no job.

#6: Don't rat on anybody. If you had been busted with 20 tons of pure cocaine and were looking at 75 years in federal prison, I would say go ahead and rat on people because you have nothing to lose. But, for such a piddly amount don't rat. You will just cause problems for yourself because the person or people that you take down will come after you.


Edited by RandalFlagg (03/12/05 06:29 PM)


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Offlinehogstomper
Stranger
Registered: 03/11/05
Posts: 5
Last seen: 2 years, 4 months
Re: busted in va [Re: RandalFlagg]
    #3908651 - 03/12/05 08:14 PM (11 years, 8 months ago)

Well, see, I was driving home for spring break in a car with no muffler--I was going home to let my dad fix it. A cop already had a dude pulled over, heard my car, and came to bust me. He was your total typical dick jerk fuck asshole who dipped skoal and still wore his high school class ring. He gives me a ticket for forgetting my license at home and a noise violation and is about to let me go when he asks the dreaded "mind if i search ya?" Now, I'm unclear on the rules of consent, but I assume that if I'd refused he would have found a way to search me anyway. I agreed and he found them.
He asked me some questions and I told him they were for me and me only to eat, that I paid 50 dollars for them (I actually paid 30 a page for a grand total of $90), and that the bowl was mine and I'd last used it a week ago. I suppose I shouldn't have told him anything, but at the time it seemed pretty harmless. He told me he didn't know what schedule they were, and I told him they were a one. He told me he didnt know the chemical name and I almost told him psilocybin, but thought better of it. Thanks to this he told me he'd have to send them off to the lab. I got to go home that night, which was great.
I assume that I will just be charged with posession, as I only had 10 - 11 grams, although the separate bags may be a problem.

Thanks for the suggestions.
also, big up to the dark tower/stand referencer!


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Offlinehogstomper
Stranger
Registered: 03/11/05
Posts: 5
Last seen: 2 years, 4 months
Re: busted in va [Re: hogstomper]
    #3908671 - 03/12/05 08:18 PM (11 years, 8 months ago)

also, i'm a college student with a good gpa and a job at a museum, so i should look pretty upstanding.  not to mention that im a first offender.  i love the fact that the penalites are more harmful to me than the actual drug.
wait, no, i hate that fact. :frown:


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InvisibleYidakiMan
Stranger
Male User Gallery
Registered: 09/29/02
Posts: 2,023
Re: busted in va [Re: hogstomper]
    #3909156 - 03/12/05 10:30 PM (11 years, 8 months ago)

Quote:

hogstomper said:
"mind if i search ya?" I agreed and he found them.





Yer fucked.


Delete this thread.


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InvisibleRandalFlagg
Stranger
Registered: 06/15/02
Posts: 15,608
Re: busted in va [Re: hogstomper]
    #3909519 - 03/13/05 12:01 AM (11 years, 8 months ago)


Well, see, I was driving home for spring break in a car with no muffler

Mistake #1.


he asks the dreaded "mind if i search ya?" Now, I'm unclear on the rules of consent, but I assume that if I'd refused he would have found a way to search me anyway.

Mistake #2.

You never have to consent to a search. 99.9% of the time when they ask for permission to search and you say no, they let you go. They may hassle you by saying, "Well, if you have nothing to hide why are you saying no....blah blah blah". Always refuse to give consent.

All they can do is get a dog out there to sniff the outside of your car. If the dog gets a hit, then they can get a warrant to go in your car. Most of the time, a cop won't bother to call in a dog. It would be too much of a bother. And, if you make them go through all of that shit (calling in the dog, hoping the dog gets a hit, getting a warrant if the dog gets a hit, etc...) there is a good chance they will fuck up procedure somewhere and "violate your rights" which will immediately result in all charges being dropped.


He asked me some questions and I told him they were for me and me only to eat, that I paid 50 dollars for them (I actually paid 30 a page for a grand total of $90), and that the bowl was mine and I'd last used it a week ago. I suppose I shouldn't have told him anything, but at the time it seemed pretty harmless. He told me he didn't know what schedule they were, and I told him they were a one.

Mistake #3.

Don't say anything. Don't answer his questions. Don't give helpful information. They will threaten you, cajole you, and lie to you. They will say scare words like "prison" and shit like that. Don't listen to them. They are allowed to lie to you. Don't say anything.


I assume that I will just be charged with posession, as I only had 10 - 11 grams, although the separate bags may be a problem.


Get a real lawyer. Make sure to play up the whole "I'm a good young kid in college. This was my first offense and I was led astray." act.

It is possible that the DA will not come after you for a long time (they have up to two years to charge you). The cops will sit back and maybe watch you. Keep your nose clean. Don't do anything stupid.

Also, you'll probably want to delete this thread. You don't want evidence like this sitting around.


Edited by RandalFlagg (03/13/05 02:37 AM)


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OfflinePhred
Fred's son
Male

Registered: 10/19/00
Posts: 12,949
Loc: Dominican Republic
Last seen: 1 year, 10 months
Re: busted in va [Re: RandalFlagg]
    #3909589 - 03/13/05 12:15 AM (11 years, 8 months ago)

Quote:

Also, you'll probably want to delete this thread. You don't want evidence like this sitting around.




Well... I doubt very much the name on the indictment (if any) issued will be "hogstomper", but it can't hurt to be safe. Now that you've received the advice you were looking for, hogstomper, I have no problem with making this thread vanish. What say you?


Phred


--------------------


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Offlinelackobreath
Cannabis Man
Registered: 01/27/05
Posts: 517
Last seen: 10 years, 7 months
Re: busted in va [Re: Phred]
    #3909822 - 03/13/05 01:18 AM (11 years, 8 months ago)

I say you've been given EXCELLENT advice here, and you should agree to have this thread deleted...


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