Legal Case, please help

SayNoToCops

Bluelighter
Joined
Dec 23, 1999
Messages
1
Ok, here’s the deal, I am writing this for a friend because he is on here and knows a lot of you. This is true and any advice is appreciated, here is the complete story as I have been told…
On one day my friend, we’ll call him "Bill" was asked to go buy 1000 of these special pills that people use at raves. Bill knew a friend that sold these things so he went ahead and asked him we’ll call him "Ed". La de da, skip to a few days later and the "deal" was going down, it ended up being done along with another two guys that Bill did not know we’ll call them "Ying and Yang". Now the way it went down from what I gather was a bit screwy but it ended up that the kid that Ed usually deals with we’ll call him shitbag, tried to pull a fast one on Bill and the other guys by using the equivalent to over the counted cold meds. The reason they didn’t catch this before the person dropping the pills off and taking the money left was that no one was allowed in the room while the droppers were I the room. Ok they leave and now the shit hits the fan, Bill and Ying and Yang know these are fake pills and are sitting in the house with this dumbass kid who thought that him and his boy (the dropper) could put one over on some experienced people. Well, now apparently Bill just stayed pretty calm and listen to what these other guys were going to do. They were threatening "Shitbag" and making him call his friend to come back with the money or he was in deep shit. Now I guess Bill thought that this was going to turn even worse so he said he was leaving and would get his money back from Ed some other time, exchanged numbers Ying and Yang to find out what happened and left. This leaves in the house "Shitbag", Ed, Ying and Yang and 2000 fake pills pissed off enough to beat someone into a bloody pulp.
From what Bill says they sat in the house threatening this kid for some time, but somehow when "Sjitbag" was calling this friend he told him to call the cops. The cops came with there sirens going so hearing this Ed, Ying and Yang got out of there. That doesn’t matter too much, skip to a few days later and Ed gets arrested and charged with 5 felonies and one misdemeanor, Ying was on parole so just by hopping the border and going into Ed’s state he was violated and sent back to jail, Yang we don’t know about. Shitbag is in Jail now because he couldn’t come up with bail but apparently he gave a 12 hour statement which implicates everything I just wrote and in 12 hours somehow involves his mom the pope and being so close to X-mas probably Santa Clause. After all this My friend Bill has been hiding out, the cops came and saw his weeks ago to question him, he asked if they had a warrant and when they said no he calmly told them to piss off until they had one and he would then get a lawyer. Kinda ballsey, I almost died laughing. Well guess what, he has a warrant out on him and is wondering what they could have him on. Technically they never got the money, they did get the pills but they were not real pills. What they got Ed for was legitimate, they took his car and found real drugs in it so I’m sure they have him on possession as well as other things. But What could they have on Bill? Intent to buy? But buy what? And isn’t it all just hearsay unless a cop was there?
 
Okay, your friend is in deep shit. I don't know what state your in or whether or not any federal charges were briught, but if the feds step in and also charge him he is looking at a 10 year minimum mandatory sentense without the possibility of parole, per the something or another drug act on 1986. As of 1989 I think they added conspiracy to the MMS guidlines and thus, Bill is guilty of conspiracy to disrtribute, regardless if he was the actual distributer, and since the amount exceeds 5 grams he is going to be facing alot of time unless he offers "substancial assistance"(rolling over) which is the ONLY way to get a reduced sentence, and the US attorney's office has a 98%conviction rate. Anyway, good luck to yout friend.
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TBritton
"Tis better to understand what you hate, than to hate what you don't understand."
[This message has been edited by TBritton (edited 25 December 1999).]
 
You think? I had a ex-friend that was in a simmilar situation.....well ok, not too similar but he was popped in WA state and he was giving out fake pills (bastard, well they tried to get him for intent to sell poession, you know the full boat of things. The thing is they couldn't get him for possession and a few others due to the fact that they were fake. I'm no lawyer but because they didn't have any drugs and no money is there a problem?
Hey SayNoToCops......tell your friend to mail himself to Italy just in case, ya never know and if TB is right, ya never want to know. IS THERE A LAWYER IN THE HOUSE????
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J
"......I'm so funny I have people rolling in the isles"!
 
well the only thign they should have on him is what they found in the car because if they were fake pills then he cant get in trouble, all he would have to say is that he wanted those over the counter pills, how can he get busted for that? especially since the guy that sold them wasnt a cop, just make sure he doesnt further incriminate himself, make sure he stays away from all dealers and that he doesnt directly talk to any of them, also he shouldnt give any names or anythign ever even if they do arrest him, or hes a fucking snitch and there aint nothing worse than that
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AleX
"Believe nothing, no matter where you read it, or who said it, no matter if I have said it, unless it agrees with your own reason and your own common sense"
- Buddha -
 
I don't know what the state laws are, but since the intent was clearly to distribute MDMA the federal conspiracy laws still apply. That's what's so unfair. You can be convicted with NO physical evidence. One boy in Mississippi is serving 3 life sentences for conspiricy and the deal fell through, but because his friends got scared and ratted this straught A scholarship student out and he was convicted. Go to www.pbs.org and look up the frontline special entitled "snitch". Well, time to go.
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TBritton
"Tis better to understand what you hate, than to hate what you don't understand."
 
If you want legal advice, your best bet is to consult an attorney. Many criminal defense lawyers offer free initial consultations... just look in the Yellow Pages for one.
"Legal advice" offered over the Internet is always suspect. Take it with a grain, no, make that a barrel of salt. :)
 
Ok I realize that net advice is suspect, but right now thats all I have. My friend is gone, I haven't been able to contact him and I know that there are some of you out there that has seen this kinda stuff. I'll break it down in detail from what I heard...
"Shitbag"-The intermediorary, the one that knew the person who had the pills. (Status:In jail awaiting trial)
Ed - My friends friend that introduced him to the "shitbag" that was making the deal.
(Status:Home on bail)
Bill - My friend that was there atempting to buy drugs. (Status:Hiding, unknown)
"Ying"-#1 of the two others that were there to buy the pills (Status:In Jail due to violating his paroll)
"Yang"-#2 of the two others that were there to buy the pills (Status:Unknown)
"Laura" - The woman that supplied the fake pills (Status:Being located and extradited)
The charges that were on the warrent that was presented to Bill's mom.....
#1 Conspiracy to poss. Methamphetamine w/intent to sell
#2 Conspiracy to poss. Methamphetamine
#3 Criminal Attempt to poss. Methamphetamine w/intent to sell
#4 Criminal Attempt to poss. Methamphetamine
#5 Unlawful Restraint 2nd degree
My question and Bill's mom's question is do they really have a case without any drugs and without any drugs. I find it hard to believe, I told Bill to go see a lawyer but since he hasn't surfaced I'm sure he hasn't done so.
 
Well I know that in a murder case there is such a thing as "Having no habious corpus with no corpus deliecti", that means no body no crime, so it might be the same with drugs. No drugs, no money, no crime? Whatchya think?
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J
"......I'm so funny I have people rolling in the isles"!
 
I'm definitely no legal expert, but it doesn't sound like much of a case to me. Regardless, your friend should seek legal consultation right away. A good lawyer can probably put and end to this for your friend before it goes any further. It sounds like a classic case of police scare tactics. They produce enough bullshit probability to justify a warrant, hoping they can get information out of people.
 
well, it sounds like they are really trying to slam-dunk his ass with him leading the way kicking his own ass. it's good he told them to come back with a warrant. well, not the way he told them...but oh well, too late now! cops will often watch you dig your own hole in a moment of scared wits but it sounds like he responded well, except for the lipping off part. it doesn't seem fair but then again sometimes the law isn't! i would tell him to stay the hell out of the state for now and consult a good attorney. good luck...
 
Well I'm no lawyer also - but i called my firend - only problem is that you haven't specified what state this took place in ..
As for the answer TBritton was right !! they can charge hem for Conspiracy for poss with int to sell (for that amount) even without actual drugs located in the crime scene !! thats in most states !! if you want email me with the states and I will get back to you for sure - The sentence will be reduced (according to hem) if he will "cooperate" which means become a rat - well I won't tell you my opinion about this issue but he should think before doing anything.
Please have hem hook up with a lawyer before doing anything - without one he could get into a lot of trouble (not that he doesn't have enough now).
Best of luck !!
Plur
SK
 
I'm sorry let me repost the link but directly to the story you need to read. http://www.pbs.org/wgbh/pages/frontline/shows/snitch/index.html
Read the story of clarence aaron. He's doing 3 life sentences w/p the possibility of parole, had no prior record, and there was NO physical evidence. But, I don't know YOUR state laws and it doesn't sound like he was charged w/ a federal crime...yet. The best thing anyone involved can do is get a lawyer and absolutey say NOTHING to the police. They WILL try to trick whomever into saying, "oh well, they were bunk so you can't charge me because it wasn't real." In that sentence INTENT is established and it sounds like that is what they are basing the case on. Let your lawyer do all the arguing. Anyway, good luck!
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TBritton
"Tis better to understand what you hate, than to hate what you don't understand."
 
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