Legal Help: Posession with Intent

[Ashop]

Google search Attorney Rick Collins.... He is out of NY.


Good luck..

YES, definitely proceed with an attorney.

 

[jay_dub]

This doesnt make any sense to me. Were you arrested and charged? Did they read you your rights? Did you get a free ride to the local jailhouse where you would have been booked on charges of possession? Did you post bail? Where are you now? It seems that whenever people ask these types of legal questions the self proclaimed attorneys come crawling out of the woodwork with ridiculous mis-information. Lets make one point absolutely clear about warrants. Things are not like they used to be in the "good ol days" folks. Lets say a warrant is issued for pot and they search your dwelling for pot. In the process of searching for the pot they find an ounce of coke. Do you honestly think that you are not going to be charged with possession of coke just because it wasnt named on the warrant? YOU WILL be charged with anything illegal that turns up regardless to the facts stated on the warrant. Think about it. If your dwelling is full of stolen property are the cops just gonna leave it there and say "oh well". This fact is clearly illustrated when someone gets pulled over on a traffic stop. The cop pulled you over for speeding but when he walked up to your car he saw drugs in the ashtray. Do you honestly think hes gonna let you go on the drugs ? Im not trying to start an arguement here but I know from experience that when law enforcement finds something illegal whether you or the items in question are named on the warrant, someone is going to get charged with it. In more cases than not they will charge all parties involved. Everyone in the dwelling can get charged whether they had a hand in it or not. Guilt through association.

Were you arrested and/or questioned...Have you actually been charged...Are you out on bail...Are you using the same hd and cpu they'd prob. confinscate...What are you using right now for board access???

This story does not yet have hardly any info to be considered credible or help us to help you...other than to tell you to zip it and retain a good lawyer, no matter the cost...If this is all true, hit up Rick Collins and he'll point ya in the right direction.

To answer both of you, it just happened this morning. They read me my rights. I was completely stunned when they said I wasn't being arrested after everything was packed away in some fucking labeled brown paper grocery bags. They didnt even question us, he just said that since they found 2 envelopes with overseas addresses that it was federal and that they wanted my source. I nervously laughed and asked if he was willing to go to China. He said "not me, but thats what the feds are for". (I havent ordered anything from China btw). I havent been charged with shit, I was given a card and told to call him by friday and they would "work something out" with me, and that it would be "like we never even met". A warrant for my arrest will be issued by the end of next week.

And yeah, they took my laptop, I've been logging on from the university's computers. I deleted all history of any email mentioning gear earlier today.

I really appreciate you guys taking the time to reply, I know absolutely nothing when it comes to legal issues. I got no one to talk to about this, I'm not telling my parents unless I have to (they live in another town).

 

[Tyrone]

If it were me, I'd just contact Rick Collins ASAP and retain what ever lawyer he said to if it wasn't himself solely...Monetary debt. can be paid off and is usually easier than "debt. to society" ya know

 

[jay_dub]

A little more info...

I didnt admit to anything, he told me to come into my room with him. He proceeded to tell me that it was now a new ball game since it had gone federal. I told him my record was clean and that the charges wouldnt stick. He then told me that that may be true if it were state charges, but since it would be considered federal (becuase of the use of the mailing system) that it would be a minumum penalty of 8 years blah blah. Thats when he mentioned working with the feds, and making it all go away.

It was so weird, they never once asked if it was mine, just named off charges for the items that were in each of our rooms. We have a 3 page list of things they took from us, and in the description it says who's room it was found.

It was nothing like you see on tv, no questioning or interogation, just a search, a threat on charges, asking to sit down and talk, and then giving us a card to call. They were in and out in about 45 minutes.

 

[pesty4077]

A little more info...

I didnt admit to anything, he told me to come into my room with him. He proceeded to tell me that it was now a new ball game since it had gone federal. I told him my record was clean and that the charges wouldnt stick. He then told me that that may be true if it were state charges, but since it would be considered federal (becuase of the use of the mailing system) that it would be a minumum penalty of 8 years blah blah. Thats when he mentioned working with the feds, and making it all go away.

It was so weird, they never once asked if it was mine, just named off charges for the items that were in each of our rooms. We have a 3 page list of things they took from us, and in the description it says who's room it was found.

It was nothing like you see on tv, no questioning or interogation, just a search, a threat on charges, asking to sit down and talk, and then giving us a card to call. They were in and out in about 45 minutes.

It sounds fishy at best. When you get read your rights, they book you, finger print you and then bail. They want info for a bigger fish, not you. They can play games with you and they can get some charges to stick. Please get yourself a Lawyer, He will find something to your favor.

 

[jay_dub]

It sounds fishy at best. When you get read your rights, they book you, finger print you and then bail. They want info for a bigger fish, not you. They can play games with you and they can get some charges to stick. Please get yourself a Lawyer, He will find something to your favor.

Thanks Pesty, I've emailed Rick, and plan on calling tomorrow during the open hours.

Thanks again for the input everyone.

 

[Power Juicer]

Keep us posted bro and good luck.

 

[zaven]

I still don't understand why they didn't arrest you right there....unless something wasn't quite Kosher on their end, therefore they're trying to get you to spill the beans......heck I don't know

 

[Thick1]

Again what does the search warrant say? You said it was for your room mate? Was your room mate involved in drugs? You said they read you your rights but they didn't arrest you? That does not make sense. This really sounds and smells fishy.

 

[brother_iron]

The LEOs had to leave a copy of the search warrant, look at the scope of the search. It seems the officers went beyond the scope of the search making all the evidence inadmissable in court and any and all information gained from that point is also tainted and not admissable.

Do not answer questions if anyone speaks to you advise them that you want a lawyer present.

Exactly. A while ago I was working with local LE, we conducted a search of an apartment (3 bedroom) after serving the arrest warrant. We found 2 keys of coke in the room mates room. It was thrown out as that was technically his "eminent domain".

 

[kaoz]

IF ITS YOUR FIRST FELONY U CAN EASILY GET PROBATION. I HAD A POSSESION WITH INTENT WITH DRUGS FIRST DEGREE FELONY. PAYED MY LAWYER 2500 GOT ME 5 YRS PROBATION DEFFERED. I DID IT NOW IM NOT CONVICTED OF A FELONY AN U CAN GET IT EXSPUNGED OFF YOUR RECORD.

 

[jay_dub]

Again what does the search warrant say? You said it was for your room mate? Was your room mate involved in drugs? You said they read you your rights but they didn't arrest you? That does not make sense. This really sounds and smells fishy.

Yep, I couldn't believe it either, especially with amount I had. We're not talking just a few vials. I will type out exactly what the warrant says later tonight. The reason for the search was because supposedly my roommate sold some weed to somone working for these guys. My roommate was read his rights immediately, I was brought out into the living room, sat down on the couch for awhile, and then later read my rights. We were both in handcuffs the whole time. After the search was over, he told us we had until friday to contact him, and that if we didnt, he would assume that we were not cooperating and a warrant for our arrest would be issued sometime at the end of the next week.

The whole day I've been wondering why I wasnt arrested, it just doesnt make any sense.

 

[brother_iron]

Yep, I couldn't believe it either, especially with amount I had. We're not talking just a few vials. I will type out exactly what the warrant says later tonight. The reason for the search was because supposedly my roommate sold some weed to somone working for these guys. My roommate was read his rights immediately, I was brought out into the living room, sat down on the couch for awhile, and then later read my rights. We were both in handcuffs the whole time. After the search was over, he told us we had until friday to contact him, and that if we didnt, he would assume that we were not cooperating and a warrant for our arrest would be issued sometime at the end of the next week.

The whole day I've been wondering why I wasnt arrested, it just doesn't make any sense.

Few problems there already

If the search warrant was issued for him they shouldn't have put you in cuffs nor detained you in the living room.

Simply saying "if you don't contact us we will issue an arrest warrent" doesn't cut it by a long shot. If he didn't arrest you and book you there are no charges. You don't get written a ticket (like for a misdemeanor) for a felony charge. Assuming I read what you put up correctly.

 

[jay_dub]

Few problems there already

If the search warrant was issued for him they shouldn't have put you in cuffs nor detained you in the living room.

Simply saying "if you don't contact us we will issue an arrest warrent" doesn't cut it by a long shot. If he didn't arrest you and book you there are no charges. You don't get written a ticket (like for a misdemeanor) for a felony charge. Assuming I read what you put up correctly.

I wasn't issued any tickets, neither was my roommate. My roommate also had more weed in his room, scales, stash safe, etc. Neither of us were arrested.

The bastards even took my food scale.

 

[jalsmiley]

Yep, I couldn't believe it either, especially with amount I had. We're not talking just a few vials. I will type out exactly what the warrant says later tonight. The reason for the search was because supposedly my roommate sold some weed to somone working for these guys. My roommate was read his rights immediately, I was brought out into the living room, sat down on the couch for awhile, and then later read my rights. We were both in handcuffs the whole time. After the search was over, he told us we had until friday to contact him, and that if we didnt, he would assume that we were not cooperating and a warrant for our arrest would be issued sometime at the end of the next week.

The whole day I've been wondering why I wasnt arrested, it just doesnt make any sense.

sounds like they know what they found in ur room wouldnt stick and want you to cooperate so you admit etc everything and they dont need to go through having stuff tossed on technicalities....there is no expungement in federal system so talk to lawyer quick cause your permanent record depends on it being tossed totally! good luck

 

[jalsmiley]

IF ITS YOUR FIRST FELONY U CAN EASILY GET PROBATION. I HAD A POSSESION WITH INTENT WITH DRUGS FIRST DEGREE FELONY. PAYED MY LAWYER 2500 GOT ME 5 YRS PROBATION DEFFERED. I DID IT NOW IM NOT CONVICTED OF A FELONY AN U CAN GET IT EXSPUNGED OFF YOUR RECORD.

no expungement in federal system....and i dont know what state you are in but in NJ intent to distribute charges i believe also dont qualify for expungements

 

[brother_iron]

I wasn't issued any tickets, neither was my roommate. My roommate also had more weed in his room, scales, stash safe, etc. Neither of us were arrested.

The bastards even took my food scale.

Then no charges were filed if you weren't properly arrested, brought in, and booked. Mandatory for a felony charge.

You need to talk to a lawyer ASAFP man, but it looks good for you from what little I have read in this thread and know about the situation.

Local LE? Specialized division?

If you can put up EVERYTHING you know in regards to this situation

 

[jay_dub]

Then no charges were filed if you weren't properly arrested, brought in, and booked. Mandatory for a felony charge.

You need to talk to a lawyer ASAFP man, but it looks good for you from what little I have read in this thread and know about the situation.

Local LE? Specialized division?

If you can put up EVERYTHING you know in regards to this situation

Local.

Oh and now that I keep replaying this all, I may have fucked myself. It was early in the morning when this all happened, I was still half asleep. I woke up to them standing in my doorway telling me to get up and that they had a warrant. I got up, put a shirt on (with their permission of course) and was taken to the living room and handcuffed. He explained that they were searching our apartment and asked if there was anything they should know about before they searched my room. Cooperation was the first thing that jumped into my head, and there was a vial right out in the open on my desk, so I said "maybe". He asked what? I told him "I dont know".

Does that fuck it all up for me? I also had half of a pill of aderall on my desk, so could I claim thats what I was referring to?

 

[ironjunkie]

I've been there bro...on both sides. Life changing.

Okay now, you've gotten great advice about the search, search warrant, going into your room etx...I bump it all!!!! It won't stick!

Handcuffing you, they did it for their safety at the very least.

Custody+miranda rights= interogation. Sounds like you were detained instead of in custody, which moslty likely then you would have been arrested. Sounds like these guys are dumb as fuck and conducted poor L.E. work!!!

The mailing situation they don't have shit unless you incriminate yourself.

Sounds like you are going to go through some shit before it ends up good...more like stressing you and making you go through ringer so you can work for them!!! DON"T BE A RAT!!! A RAT IS WHAT GOT ME INTO TROUBLE. HE FELL FOR THE SAME SHIT THESE GUYS ARE TRYING TO GET YOU FOR......JUST ABOUT! KEEP YOUR MOUTH SHUT AND TALK TO A LAWYER!!! If your in the West coast pm me I have a great one.

Now you may find that they relaize they don't have shit and you may never hear from them again!

Now if this does go federal. They will not play. Most likely they will attempt to get you for poss with intent to distribute it's a felony charge. Straight possession is a misd. They don't want you to get a misd. In either case it sounds like a junk case. If I were you I wouldn't trust your roomate. He amy set you up!!! For reals! He may attempt to get you recorded so don't talk about shit with him!!!!!!!!!!



Kaoz we gotta talk you gave me hope about my past situation. I will PM you in a minute.

 

[BigCracker]

They're likely waiting to arrest you so will be so freaked out the next few days by not knowing what's up that you will cooperate with the feds.

I've had dozens of friends busted over the past 20 yrs for AAS and 75% were not arrested on the spot. They were arrested a few weeks later after LE had built a stronger case against them.

You basically have 3 options:

1. Cooperate w/ LE and hope for a deal that you can live with(which doesn't mean that LE can't arrest you anyway). This will likely involve you ratting someone out or setting people up. Not cool-but if you are a puss you can do it and hope the guys you screw over don't have you off'ed someday.

2. Fork out around $5000 retainer for a criminal attorney and have them start working on your case asap. (highly recommended)

3. Wait until you are arrested(hopefully it won't be at your school or place of employment), post bail, and get a court appointed attorney.

As much as you hate burdening your folks with this you may wanna hit them up for $ for an attorney as opposed to taking your chances w/ a public defender in a less than perfect legal system. A felony on your record will screw you big time in the white collar world.