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Offlinedrom
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Registered: 11/01/07
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Last seen: 15 years, 7 months
legal questions with regards to possession of lsd
    #7583881 - 11/01/07 12:24 PM (16 years, 2 months ago)

This is especially with regards to the laws of NY State, USA, but please answer even if you are not familiar with these.

- If you offer to sell an undercover cop a lot of acid, but dont actually have this acid and never were going to have it, is that still intent to distribute? eg. an undercover goes up to someone, that someone says they can get them 50 hits of acid the next day, but the next day says they don't have any acid and were never going to.

- If you are charged with possession of a controlled substance in the 7th degree, can they still tack on intent charges later on? This is before the first court date.

- With two of the above charges (and another one for possessing a marijuana pipe), which are Class A misdemeanors, what likelihood is there of getting a good plea bargain or whatnot, especially for a white first-year college student with no prior record? I'm talking about someone who may have been caught with a single hit of acid and two E pills, still assuming the first bullet point holds true.

- Would someone in this situation be completely screwed?


I *really* appreciate any information with regards to this *theoretical* and completely made up situation, as well as advice to any imaginary friends of mine who may or may not be going through this.


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OfflineCaptainLinger
A Fungus Amongus


Registered: 05/25/07
Posts: 1,756
Last seen: 3 years, 7 months
Re: legal questions with regards to possession of lsd [Re: drom]
    #7584612 - 11/01/07 04:14 PM (16 years, 2 months ago)

-The law is "possession with intent," not intent. The information could be used to harshen a possession sentence, but you can't get charged. Conspiracy, perhaps...but only if they're seriously trying to squeeze you.

-Again, yes. But only if they're warranted, which seems like they aren't.

-Yes. Get a lawyer. You will plea bargain, and I sincerely doubt you'll spend any time in jail. But get a lawyer, and don't ask us...they'll have far better knowledge of your local courts, the judge, and how to make nice

-Not really. Just a simple possession arrest, we all get em. Don't go selling acid to narcs though :smile:


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InvisibleLe_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: legal questions with regards to possession of lsd [Re: drom]
    #7584729 - 11/01/07 04:49 PM (16 years, 2 months ago)

Yes, they'd probably nail you on a conspiracy charge.


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OfflineCaptainLinger
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Re: legal questions with regards to possession of lsd [Re: Le_Canard]
    #7584822 - 11/01/07 05:18 PM (16 years, 2 months ago)

On what grounds?

Conspiracy is a difficult and elaborate charge to prove. You could certainly push the bounds, but for 50 hits of acid? As a prosecutor I'd think you'd really need to be pushing toward a known link to something higher, not some poor kid who offered to hook a guy up and didn't even come through.


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InvisibleLe_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: legal questions with regards to possession of lsd [Re: CaptainLinger]
    #7585444 - 11/01/07 08:13 PM (16 years, 2 months ago)

Well, the fact that he attempted to sell the cop some acid would be enough, I would imagine, although I'm not a lawyer. A lot of states do have laws against selling bogus drugs, believe it or not. So you could technically go to jail for selling, say, an aspirin as X. In any case, they'd damn sure try to stick something on him, I know for sure. You know how pigs are.


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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 1 month
Re: legal questions with regards to possession of lsd *DELETED* [Re: Le_Canard]
    #7586444 - 11/02/07 02:13 AM (16 years, 2 months ago)

Post deleted by Chemy

Reason for deletion: Reason for deletion:



--------------------
Alcoholics Anonymous

Narcotics Anonymous

Get help, help is free and available 24/7/365.

God bless you all and I hope you receive the help you need to turn away from your lives of sin.

Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!


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Invisiblejohnm214
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Re: legal questions with regards to possession of lsd [Re: Chemy]
    #7586526 - 11/02/07 03:16 AM (16 years, 2 months ago)

Conspiracy sounds like a no go. You'd need to show both intent, and the presence of a second person who was cooperating with the principle.

And as for whether you could be convicted, I believe so. Attempted crimes are punishable by the same penalties as the actual crime in many areas (including my state- with some exceptions).

They would need to demonstrate you were actually intending to sell the guy drugs though, not just rip him off or lie to get the weirdo away from you.


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InvisibleCidneyIndole
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Registered: 05/16/05
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Re: legal questions with regards to possession of lsd [Re: johnm214]
    #7589921 - 11/03/07 12:06 AM (16 years, 2 months ago)

I would say that a plea bargain is, in all likelihood, your imaginary friend's best option.

The fact that he has no record definitely helps. Being a student may or may not sway a judge's opinion. Although I guess that some might be sympathetic with the idea that your friend is trying to make something of himself, the typical idea of "being a little wild" in college doesn't apply to this situation. The intent to distribute part is the neck breaker in this whole thing.

Being caught with something minor like a pipe is nothing, on its own. I have had cops searching me allow me to drive away after finding my (used) pipe.

And I have had a friend (also a young white guy with no record)with a small-time possession charge plead guilty, and got off with unsupervised probation (no drug testing even!) some fines, and a few weeks of drug abuse classes. All told, it was a pain in the ass, but he got very lucky.

As I said, there is a bit of a difference between such a minor possession case, and what your friend is going through, as they are trying to nail him on something that is SERIOUSLY frowned upon by LEO's and those in the system. A kid with a pipe "make a mistake," if they're sympathetic to that kind of thing. A kid trying to sell distributable amounts of a schedule I drug... that is a CRIMINAL, in their eyes.

Your friend had better be "presentable," or get presentable fast. And his disposition in front of the judge could make a world of difference. He needs to be ultra-respectful and seem earnest, although I'm sure all this stuff goes without saying.

As for the idea of NOT going for a plea bargain... probably not advised. How good is your friend's lawyer, and how well could he convince a jury that your friend was really just talking about selling all the acid to "seem cool" or something? A cop's word can go a long way in the court room, and being caught with any kind of drugs or paraphenalia could be considered corroborating evidence of the fact that your friend IS, indeed, involved in drug activities.

Assuming his lawyer is competent, your friend should follow their advice. Just tell him to keep cool, pray (if that's the kind of thing he does) or just think positive, and remember what I said about being presentable, respectful, and earnest. That can go a lot farther than you would expect.

Good luck to your friend.


--------------------
------------------------
I am me. We are You.


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InvisibleLe_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: legal questions with regards to possession of lsd [Re: Chemy]
    #7590027 - 11/03/07 01:20 AM (16 years, 2 months ago)

Quote:

Chemy said:
A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion. 




I didn't know that. Thanks for enlightening me. :sun:


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Invisiblejohnm214
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Re: legal questions with regards to possession of lsd [Re: Le_Canard]
    #7590212 - 11/03/07 05:25 AM (16 years, 2 months ago)

same elements for civil conspiracy...

two or more people acting in concert to affect an actionable end


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Offlinerawtoxic
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Registered: 10/06/02
Posts: 2,097
Loc: smokey mountains
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Re: legal questions with regards to possession of lsd [Re: johnm214]
    #7592342 - 11/03/07 08:02 PM (16 years, 2 months ago)

I will vouch for being a student not helping the situation my friend had 3.5 GPA (mastering in Engineering 3rd year student) got busted with $3k and quarter pound in the wrong state and got sent up north for a 3 year vacation.


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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 1 month
Re: legal questions with regards to possession of lsd *DELETED* [Re: rawtoxic]
    #7592367 - 11/03/07 08:09 PM (16 years, 2 months ago)

Post deleted by Chemy

Reason for deletion: Reason for deletion:



--------------------
Alcoholics Anonymous

Narcotics Anonymous

Get help, help is free and available 24/7/365.

God bless you all and I hope you receive the help you need to turn away from your lives of sin.

Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!


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Offlinerawtoxic
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Registered: 10/06/02
Posts: 2,097
Loc: smokey mountains
Last seen: 13 years, 5 months
Re: legal questions with regards to possession of lsd [Re: Chemy]
    #7592518 - 11/03/07 08:55 PM (16 years, 2 months ago)

I'm talking about WEED that evil shit. And he was in South Dakota.

Not a fun time.


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Invisiblefastfred
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Re: legal questions with regards to possession of lsd [Re: rawtoxic]
    #7592598 - 11/03/07 09:14 PM (16 years, 2 months ago)

I don't agree with CI. You should never plead to anything if you have a decent chance of beating it. Pleading when no crime has even been committed is just plain stupid.

Proving conspiracy really isn't all that hard. It's a catch-all that they often use to scare people into pleading because the standards are very low.

All they have to prove is knowledge of a planned crime and one act in furtherance of the conspiracy. The standard for each is pretty low. The first part is almost a given, so proving the second is usually the focus of the case. Your "one act" can be almost anything.

If your friend took any money from the narc then he'll probably have to plead. If he made even one phone call looking for acid then that will be the act in furtherance.

If he took no action in furtherance, or at least nothing that they can prove then just laugh in their faces about the whole thing. Even a shitty public defender will be able to get you out of that one.

They'll probably try to get you to plead to some charge or get you to roll on some people anyway. Don't fall for it.


-FF


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Invisiblejohnm214
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Re: legal questions with regards to possession of lsd [Re: rawtoxic]
    #7595708 - 11/04/07 06:25 PM (16 years, 2 months ago)

Quote:

rawtoxic said:
I will vouch for being a student not helping the situation my friend had 3.5 GPA (mastering in Engineering 3rd year student) got busted with $3k and quarter pound in the wrong state and got sent up north for a 3 year vacation.




this is so fucked up

I've had that much back when I used to smoke, and I wasn't any drug dealer (while maybe i was technically as I smoked out my friends)


This is bullshit. Just cuz you've got money and drugs doesn't make you a dealer.


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