Legal advice and info on drug charges?

[Guest]

I've got a serious question here. A family member of mine was busted yesterday for possession of $1000 of crank. He was hauled off to jail in a different county and once there, he was denied his phone call and he never got his requested public defender. The cops told him if he would turn informant and make a couple buys from a guy they were trying to catch, they'd cut him a deal. For some reason, this doesn't sound right to me.

First of all, I was under the impression that they can't deny a phone call. That makes me angry. Second of all, they refused him an attourney. That's not legal, or so I thought. Last of all, from what I understood, cops can't sut deals on their own like that. I thought it was the DA who had to be involved with making a deal to let someone off.

I don't agree with what my family member did. I've never in my life done drugs. I an terribly disappointed in his behavior, but I do love him and will still love him despite this lax moment in his judgement. Right now, my concern is his rights. I don't want to see my family member denied his legal rights and be made to put himself, his SO and the rest of his family (like myself, my children, our sibling and those children and our parents) in any form of danger because of some sort of possible retaliation. What can be done with this?

Also, if he is charged, which county is going to be involved in the charges? Is it the county where the arrest was made, the county he was jailed and processed in or the county we are from? If he does get a deal because of his cooperation and making the buys for the cops, is there any way he can be forced into making more? I'm so ignorant of any of this stuff. I just know that I don't want to see any of my family in danger.

 

[Savage Kitten]

The laws depend on what state you are in... you can find the state statutes online.

$1000 of crank really isn't saying a whole lot. Depending on the cut, purity, and geographics this can be any where from 3 grams to 10 grams of crank. The charge/sentence will also depend on if this is the person's first offense or not.

I'm sure you are aware of the "good cop/bad cop" scenerio. They do it all the time, they can press the limits of the law without going over. They know if they go out of the boundaries then jeopardize their case, so they tiptoe as close to the edge as possible.

It is up to your relative if they spill their guts with a lawyer present or not. All the police have to do is give them the option. Of course they are gonna promise him the moon and stars... anything to get him to talk... doesn't necessarily mean the DA won't come behind them and agree with the deal they've already made.... he's got his own plans.

Usually the charges are made from the county where the crime was committed. Depending how deep your relative is in this, it could go as far as federal charges.

Sk~

 

[T.H. Oughts]

It is the country they are arrested in that the charges are dealt with. Sorry I can't be of more help to you..... even though he has done wrong, it hurts when it is family... hugs.

 

[Guest]

The laws depend on what state you are in... you can find the state statutes online.

$1000 of crank really isn't saying a whole lot. Depending on the cut, purity, and geographics this can be any where from 3 grams to 10 grams of crank. The charge/sentence will also depend on if this is the person's first offense or not.

I'm sure you are aware of the "good cop/bad cop" scenerio. They do it all the time, they can press the limits of the law without going over. They know if they go out of the boundaries then jeopardize their case, so they tiptoe as close to the edge as possible.

It is up to your relative if they spill their guts with a lawyer present or not. All the police have to do is give them the option. Of course they are gonna promise him the moon and stars... anything to get him to talk... doesn't necessarily mean the DA won't come behind them and agree with the deal they've already made.... he's got his own plans.

Usually the charges are made from the county where the crime was committed. Depending how deep your relative is in this, it could go as far as federal charges.

Sk~

It would be his first drug offence. He's never had any sort of conviction for anything else. He's never spent time in prison. He's had a night or 2 in jail in his past, and has unpaid checks and such around. He's also been in trouble before with driving after revovcation and driving with no insurance. As far as how deep he's in, I don't think it's too far. After talking to his SO earlier, he's been using and selling small amounts of pot before. I'm so worried about what's going to happen right now. So far, I'm the only other one who knows of it. His SO was so scared and had to talk to someone. I'm the only one she feels safe turning to, because she knows I'd never reveal this to anyone else.

I also knew that I could safely bring this here and post for some advice from the lawyers we have here. I'm hoping that a few more of them would come in here and see this. I didn't want to post this under my registered name, in case someone were to see it and be able to make a connection.

So if any of you read this and know of someone who could help, give them a gentle push here and see what you can come up with, please? I'll be forever grateful for anything I can get.

 

[Shy Tall Guy]

So if any of you read this and know of someone who could help, give them a gentle push here and see what you can come up with, please? I'll be forever grateful for anything I can get.

The best advice anybody can give you is to have your relative talk to and retain a lawyer ASAP!

There are just too many details that we don't know that a lawyer would ask your relative that would affect the outcome. Whether he is guilty, whether he wants to work out a deal and inform, or whatever he is going to do, do it with the advice and help of a lawyer.

Cops will always try to prevent this anyway they can because they know just how valuable a lawyer can be for him - anything else they say is just bullshit, and yes I know whereof I speak in this regard as I used to be involved in this (on the law enforcement side).

Anytime anybody is arrested there are two things you should do:

1) Shut up - don't say anything except to demand a lawyer regardless of what the cops/DA/etc. say.

2) Get a lawyer, preferably as good of a lawyer as you can afford, and in confidence, lay it on the line to the lawyer, then listen to what the lawyer has to say and consider his/her advice.

Any advice on my part beyond that is useless for the most part.