The MA heroin thread

[Welderman]

Wow, what state do you live in? Iran? ( I actually have read that before tho)

In MA blood could be used for an OUI but not drug possession.

I hope thats correct anyway..

In some states, like the one I'm originally from, you can get a DUI/OUI for just being passed out or asleep in the drivers seat of the car, not even operating! So actually, if you want to pull over because you feel too fucked up to drive, you have to climb into the passenger seat or even better the back seat. Kinda weird to punish someone for doing the safe thing and not OUI'ing just because they are in the wrong seat of the car...

I could be wrong about the possession charge having it in your blood. The DUI is what I was probably thinking of.

 

[BlueHues]

^You can be charged with DUI just about anywhere if it appears that you were driving, especially if you're sitting in the driver's seat on public property...Private property is different, but a store parking lot doesn't count as private property really....

As far as being charged after the fact for possession of drugs with no evidence, I highly doubt that. And if nobody was there in the car, how could they possibly establish that the boyfriend was the supplier without him being there or finding any drugs....

They could have found paraphernalia, tested it and be charging you for residue...who knows...this is probably why legal discussion isn't allowed on BL...It leads to endless speculation...The laws are different everywhere....

I know you can be charged with conspiracy to possess drugs, which can be a serious felony if it's conspiracy to possess a large amount with intent to distribute. For example, if you are caught on a recording ordering drugs on the phone from a dealer who is subsequently caught with a large amount of drugs....It's rare that this would happen, but there was a case a few years ago I remember where a bunch of people were charged with it...The Feds have all sorts of bogus conspiracy charges they slap on people in order to get them to testify or sign statements, but in the real world being charged by "normal cops", that doesn't usually happen...If you have the bad luck of buying small quantities from a dealer that's buying drugs from someone who's under active federal investigation you could be charged with a federal felony just for making a phone call....

 

[Johnny blue]

If she's got more to say than I'm sure she will. Speculating isn't getting us anywhere and comes off a little accusatory at times.

 

[Welderman]

Wow, what state do you live in? Iran? ( I actually have read that before tho)

In MA blood could be used for an OUI but not drug possession.

I hope thats correct anyway..

If she's got more to say than I'm sure she will. Speculating isn't getting us anywhere and comes off a little accusatory at times.

I thought the internet was all about speculation and assumptions? Or is that Facebook?

 

[Johnny blue]

I thought the internet was all about speculation and assumptions? Or is that Facebook?

I assume you're speculating?

 

[Welderman]

I assume you're speculating?

You sir can read my mind. Thank you for making my point.

 

[Jabberwocky]

^The whole story's a little bit off...

They found you OD'd in the car alone, didn't search the car and find anything but they're charging you with possession?

They think your boyfriend is the supplier but he wasn't there? Why would they think that unless you told them that?

I think you may be omitting some major details here for fear of judgment....

Exactly what I was thinking.. and I've been to court enough to have an idea of how it all works, ha.

You were passed out in driver seat? Shooter or sniffer? Left over dope? Did he know you were OD'd or just sleeping at the wheel while parked and knocked only to see you wake up w/ drugs next to you? So then what? They bring you to court asking where you got the drugs, get names etc.. your BF somehow comes up? Last call you made? Based on texts (2 things they cant even check). Lastly, before ANY of this can happen they have to ask you if you WANT A LAWYER before YOU TALK. so what did you say? I assume you didnt even hear that.

To anyone who's been arrested before you'd realize this story makes no sense. There is a lot more than just an OD behind a parked car.

 

[Nocturne83]

Sniffer at the time. I managed to stumble out pf my car and throw away the leftover dope about an hour before I was found. I was driving to my BF's house a few days before I got the summons and was pulled over for swerving. I was tired at the time- not high. I passed a sobriety test. They escorted me to BF's house and his door, and asked him to make sure I got a good night's sleep.

 

[BlueHues]

^I don't know how old you are or how much experience you have dealing with the police, but it really sounds like they're fucking with you and trying to scare you...They can think whatever they want...Shit, they can know you, your boyfriend and everyone you know is on heroin, but unless they catch you dead-to-rights, they can't do anything!

The police where I'm from know without a doubt that I do it..I'm from Providence, RI but not living there now....Every time they pull me over they fuck with me and ask me where my needles and dope are...Threaten me, tell me that if they see me in certain areas again that they'll arrest me...They've never caught me with a single bag o dope though....They can say whatever they want, I always treat them with respect and let them do what they have to do....but until they catch me drugs on me, they know and I know that they can go fuck themselves!

Go Red SO1x

 

[Tommyboy]

I'm not sure if Massachusetts has this law, but for those of you saying you can't get arrested for being high read this. I know that's a different state but people were talking as though it's unheard of to get arrested for that in the US. 'Public Intoxication' laws certainly exist, so I'm not surprised some states have the same thing for those under the influence of drugs.

Most certainly. If you can't afford it there are court appointed attorneys. I'm not sure how the payment goes for them, but if you can afford a personal lawyer its a much better option.

As for your situation I'll tell you some info that might be relevant. If a person ODs and 911 is called for them in the state of Taxxachusetts, the cops have no right to search, detain or charge anyone at the scene(edit: I should note that AFAIK that is only for drug charges, you can't have AK-47 laying out on the coffee table and have no worries). Its obviously a law intended to keep people from neglecting to call 911 during ODs in fear of being charged of a crime. Unfortunately your situation is a gray area where I am not sure about a few issues. For one you were in public, this might only be in the case of a private residence, not sure about that. Two, no one called 911, the police just showed up without a 911 call being entered. If a friend/relative/sig other or bystander came by, called 911 and then the police arrived (which they arrive to ODs before fire or EMS the majority of the time), your chances of being protected under that law might be better. Of course all these questions are reasons why you need counsel, on top of being taken at all seriously.

You are referring to the 'Good Samaritan Law' which only protects the ones calling 911. I'm pretty sure the person ODing is still fair game for the cops to charge if they are in possession, but the others are safe against prosecution.

 

[RTrain]

^That is a good point, as the person OD'ing may very well get a summons to court in the mail or something.

 

[Nocturne83]

Yeah, gonna try and get me a lawyer tomorrow. I'm waiting on trying to get in on a suboxone program. Hoping that will help, as I'm actually seeing a drug counselor. If they see that I'm enrolled in a recovery program, that can only help my case.

 

[RTrain]

^Yeah all that self-disciplinary action the courts really like. Your lawyer will probably suggest it to you as well, including going to NA meetings and maybe trying to do something to help the community. The lawyer is probably going to suggest not discussing your case one the internet either. I know it probably won't make a difference, but in the eyes of the lawyer there is no benefit in mentioning the case to anyone, even through the anonymity of this forum.

 

[Jabberwocky]

what is your case? what am I missing here? how old are you? they dropped you off at your BF's and told him to take care of you and now they dont want you to see him any more? none of what was said makes much sense thus far. you are going to TRY and get a lawyer tomorrow? lawyers come immediate once the arrest happens and you are brought to the station/court. you can ask to speak to a lawyer. it seems its been weeks. what have you been up to since? best thing to do is show you want to get clean. you were arrested for nothing it seems. cuz you were jammed behind the wheel? well, its cuz youre a junkie. show that you dont want to be that junkie. go to a rehab, get into a program, get on subox or whatever it is you decide, just show them this is NOT the life you want to live. unless you have a prior record this is a very easy case.

 

[Zerrr]

I'm not sure if Massachusetts has this law, but for those of you saying you can't get arrested for being high read this. I know that's a different state but people were talking as though it's unheard of to get arrested for that in the US. 'Public Intoxication' laws certainly exist, so I'm not surprised some states have the same thing for those under the influence of drugs.

You are referring to the 'Good Samaritan Law' which only protects the ones calling 911. I'm pretty sure the person ODing is still fair game for the cops to charge if they are in possession, but the others are safe against prosecution.

I was talking about being charged with drug possession, which (afaik) cannot happen for being high or U.T.I.

Yeah, gonna try and get me a lawyer tomorrow. I'm waiting on trying to get in on a suboxone program. Hoping that will help, as I'm actually seeing a drug counselor. If they see that I'm enrolled in a recovery program, that can only help my case.

All those things will make you look better but more than likely will not change the outcome of your case.

If this is your first arrest and even if its beyond obvious that you're guilty here, a CWOF (continuance without a finding) is the most likely outcome.

Its basically another form of a diversion program.

gl

 

[Jabberwocky]

anyone on here from the Northshore? You know.. North of Boston? How's the dope scene doing around here? Heard there were some killer (legit KILLER) stuff around the Lynn area not too long ago. A few OD's in the area; not sure if it was the dope of just some peeps wanting to get super jammed that day.

 

[RTrain]

Yeah I agree, as long as you have a clean record they will probably call it a continuance w/o a finding (CWAF), as someone else already mentioned. What this means is they don't have much of a case on you and/or they don't want to waste anymore time pursuing a petty case. So they lock the case up for something like 1 or3 years. If you are charged with something else in between that time they can bring the case back up, but otherwise it stays locked up and disappears after the 1 or 3 years or however long it is they take to expire. I am not 100% sure but they still might be able to require some community service hours or a fine with a CWAF,

I had a charge that ended in a CWAF'd where me and some friends got in trouble when we were like 14 to 16 years old and they CWAF'd it but we had to pay a restitution to the business involved for damages that we caused. I remember after it there were no charges, it was a CWAF, bit I was on edge all the time for possibly getting in trouble. Especially when my idiot friends( not the ones involved in the other situation) would want to do stupid shit. I remember one time I jumped out of a friend' s dad's SUV at a stop light because someone with us did some stupid shit and dad who owned the SUV called and said the police were looking for us in the vehicle. So the kid driving was just going to drive it home and turn himself in, I said let me get out before that and they were being douches about it so I said F it and jumped out and booked it. They ended up not getting in trouble though because one kid in the SUV was a son of a cop in the city, so just a stern talking to, but no way I was taking the risk. It was all because this one kid with us (also the cop' son) expelled pepper spray in a McD's bathroom, so they ended up having to shut the place down for chemical exposure reasons.

anyone on here from the Northshore? You know.. North of Boston? How's the dope scene doing around here? Heard there were some killer (legit KILLER) stuff around the Lynn area not too long ago. A few OD's in the area; not sure if it was the dope of just some peeps wanting to get super jammed that day.

I had stopped for about 2 weeks when I mentioned that shit to you about how they had some serious OD issues over a short time period in Lynn. Haven't noticed anything liek that since. Now I have started using again and some of the stuff I think is heavy cut with quinine. I just feel that way from the color (very off white), taste (very chemically, nasty aftertaste), and some adverse reactions (headaches, dizziness and vague nausea which is unusual for me on H). Now the last 2 times I picked up it seems better, tastes isn't as prominent and isn't as chemically, no headaches & no nausea. Colors the same, though. I wouldn't doubt the ODs were a result of some idiot dealers dumping tons of quinine in their dope.

 

[Zerrr]

I am not 100% sure but they still might be able to require some community service hours or a fine with a CWAF,

(Call this ballpark speculation)

Depending on the charge you usually get put on real probation.
(meetings with PO 1 to 4 times a month, random UA's, monthly fee + any fines given by the judge)

If its a class A poss you're most likely looking at 1-2 years of this in MA.
(as time goes on, the better you do, the less supervision/restrictions)

The acronym the court uses for a continuance without a finding is CWOF.

Might be worth mentioning..if you agree to a CWOF you're giving up your right to a trial.

So if you mess up while on probation the CWOF can turn into a conviction without a trial.

Its the Massachusetts form of Deferred adjudication.

Deferred adjudication is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "No Contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation, treatment, community service, some form of community supervision, or some other diversion program, the defendant may avoid a formal conviction on their record or have their case dismissed.[1] In some cases, an order of non-disclosure can be obtained, and sometimes a record can be expunged.

 

[Welderman]

The summons for court is for the arraignment most likely. That is where you plead guilty or not and possibly be ordered to pay a bond. Always plead not guilty and I would get an attorney before your hearing but I believe at the first hearing is when they give you the oppertunity to be appointed one by the court.

In my opinion it's always best to get the best lawyer you can afford. I have used a public defender before and it wasn't too bad but the next time I was arrested I hired a private attorney and he got me out of a lot of shit that the pd prolly couldn't have.

 

[Nocturne83]

Will they drug test me at the hearing?