Caught with 2C-I, then got coke charges from it

Mahan says:
As far as the .1 g weight they quoted -- Either their scales don't go any lower, or they weighed the drug in the capsule. Either way it's bogus, and you should be able to call them out on it. Hell, they probably had to destroy a good chunk of the substance when they tested it...
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I find it very hard to believe that a state analytical lab wouldn't be able to get at least .01g or .001g readability. 0.1g means you're probably using a 20yr-old high school triple-beam balance. A 0.001 digital scale is cheap these days; every university lab I've been in has scales that are at least this good. At a prior place of employment I could get 0.0001g readability, and that rather nice scale cost less than 10 grand.

Mahan has a good point though - an "0" size gel cap does weigh approx 0.096g +/- 0.001 last time I checked ...
 
Symmetrical Daze said:
Thanks again. I don't have much to worry about if the cops are going to do the right thing and they have the evidence. I wonder if a test that only uses color or whatever simple test they used, is admissable evidence if they used it all to test.

Is there going to be a prosecutor? Thats scary. I didn't plead not guilty. I thought just the cop shows up, or are you referring to the cop?
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I don't know whether the cops will do the right thing, or what sort of tests they use.

Yes, there's already a prosecutor. Cops don't press charges, prosecutors do. He or she probably signed the papers you got. Is there a name and signature at the bottom?

When you say you didn't plead not guilty -- have you even been to court, in front of a judge and all? You didn't plead "guilty" or "no contest", did you? That's not something you do for the cops; that's something you do in front of a judge.
 
zarquon said:
Mahan says:

I find it very hard to believe that a state analytical lab wouldn't be able to get at least .01g or .001g readability. 0.1g means you're probably using a 20yr-old high school triple-beam balance. A 0.001 digital scale is cheap these days; every university lab I've been in has scales that are at least this good. At a prior place of employment I could get 0.0001g readability, and that rather nice scale cost less than 10 grand.
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I'm just guessing, who knows. You'd be amazed at the fucked up shit some police labs do. They probably aren't used to weighing shit down to the mg.
 
The powder was probably tested using a simple cocaine reagent test. There are a lot of different substances which can give the appearance of cocaine, if the test is administered improperly (and the cocaine test is notorious for being administered in the incorrect manner). Even if they decided to do a thorough test via GC/MS, they would need the spectral reference for 2C-I, which probably isn't very common at your basic police crime lab. As for the weight, it was probably weighed when it was brought into the evidence control room, inside the gelcap, on some shitty scale.
 
I've been to court 2 times for pleading not guily on 2 different citations. I guess this will be more complicated than dealing with a citation.

I hope the cocaine regeant test (if thats what they used) is not admissable in court if they tested it all. I will get discovery and find out.

For the gc/ms test, I assume that they don't need the reference for 2c-i, just the reference for cocaine to see if it matches.
 
I just read the whole report. It says "The powder was analyzed at the PSP Crime Lab.

I am afraid that their ruling will be enough support for them to not even need the evidence.
 
Symmetrical Daze said:
I've been to court 2 times for pleading not guily on 2 different citations. I guess this will be more complicated than dealing with a citation.
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OK, but you never entered a plea in court on this charge, correct? You don't need to enter a plea the cops, only the judge. (Although the cops often give you the impression otherwise!)

Symmetrical Daze said:
I hope the cocaine regeant test (if thats what they used) is not admissable in court if they tested it all. I will get discovery and find out.
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It is probably admissable, the question is whether it is sufficient for a conviction.

Symmetrical Daze said:
For the gc/ms test, I assume that they don't need the reference for 2c-i, just the reference for cocaine to see if it matches.
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There's no way they've done a gc/ms test though. That's something you're going to have to ask for. And it should be sufficient for you to show that it isn't cocaine or any other scheduled substance.
 
Symmetrical Daze said:
I just read the whole report. It says "The powder was analyzed at the PSP Crime Lab.

I am afraid that their ruling will be enough support for them to not even need the evidence.
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It is usually the case that the defendant must be allowed some degree of access to the evidence. You need to be allowed to present a defense, and that means being able to do your own tests. If they've completely destroyed the evidence, that is most likely a due process violation, and ought to get you a dismissal of the charges, in theory. Nothing is guaranteed though. As I say, best to find out what the situation actually is, rather than worry about all the possible things that could go wrong.

Haven't you made any headway towards getting a lawyer?
 
For the gc/ms test, I assume that they don't need the reference for 2c-i, just the reference for cocaine to see if it matches.
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Your are correct, I was just pointing out that the crime lab would likely not be able to identify the substance at all, via GC/MS. A decent lawyer will likely get this case dismissed with very little effort.
 
I contacted a pubic defender, i am going to have to go apply sometime. sounds like a hassle but i am near being broke. If they don't seem hopeful or are lazy then i will get a real attourney.

No I haven't entered a plea on these charges (cocaine possesion and underage drinking).

It says I have a preliminary hearing to set bail... will I be able to have results on that day or will I have to go back on a different day?
 
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Symmetrical Daze said:
I contacted a pubic defender, i am going to have to go apply sometime. sounds like a hassle but i am near being broke. If they don't seem hopeful or are lazy then i will get a real attourney.
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Good luck. Contrary to popular opinion, some public defenders are really kick-ass lawyers. I plan to be one myself, in the near future!

Symmetrical Daze said:
It says I have a preliminary hearing to set bail... will I be able to have results on that day or will I have to go back on a different day?
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Hard to say. You should get some kind of discovery before your hearing, and it may be possible for your lawyer to get the charges dismissed before then.
 
Most studies have said public defenders are no less competent than private attorneys. Perhaps the only difference is that private attorneys are super greedy and wish to maximize their own fortunes, while public defenders actually have a conscience and wish to help the disadvantaged.
The PDs I've met have also been very competent, friendly, and professional ..
If you/your attorney can raise any doubt about the cocaine posession charge, it might be dropped entirely, provided you plead guilty to the underage drinking charge ... this is one possible plea bargain anyhow, hopefully whatever happens works out for the best. Either way, good luck!
 
If I get out of this, I want to sue the police department for deformation of character since this shit is probably going to be in the newspaper this week, and wrongful procesution. Is it possible?
 
Symmetrical Daze said:
If I get out of this, I want to sue the police department for deformation of character since this shit is probably going to be in the newspaper this week, and wrongful procesution. Is it possible?
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Most likely not a good idea, as you are unlikely to succeed even if you are right.

Ask your attorney about it, he or she will be able to tell you a lot more about that, and they will know more about how vulnerable (or invulnerable) the police department there is to such a suit.
 
As Mahan says, this is unlikely to win. Prosecutorial decisions are not typically vulnerable to civil suit if they are made in good faith .. and as far as the prosecutor knows, you got busted with a white powder the lab said was cocaine.

Now if you have a "smoking gun" memo that says "I'm gonna frame this kid with a .1g coke possession charge because he kissed my daughter" .. and the prosecutor signed it, put his thumbprint on, and had it notarized .. then you might have a chance :)
 
A big worry now is what if they don't have the evidence.. I talked to an attorney he said I would have to petition to get the evidence. I hope it is a due process violation like Mahan Atma said if they threw it out.

He also might go on the fact that I was searched without consent. They started searching me and didn't tell me I was detained. I said "hey you can only search me for weapons" and they said "no you are being detained for underage drinking".

This is so painful to be innocent and having to put up with this shit.
 
Could you not easily prove that you are not guilty of the charges you have been presented with "beyond a reasonable doubt" (I believe this phrase is used in US Law, it is in Canada), simply by going to a university/college, and asking a proffesor to weigh out a non-conspicious powder (NaCl, NaHCO3). Weigh out ~15 mg of a powder, and ~.1 g's of a powder. Have the cop testify first that of the amount of powder present in capsule 1 (15 mg) is approximately equal in size as the sample you were arrested for possession of, and then present a capsule with the amount of powder which you were accused of be arrested for the possession of? This, in a reasonable court, shows "reasonable doubt" of guilt for the charge presented to the court! Along with this, I believe there is a responsibility for them to provide you with information on how the compound was tested (if this goes to court), and obviously their testing system was inadequate to prove guilt sufficiently. Just a thought...
 
I would like to make a few comments. Regarding public defenders versus private attorneys, this debate is generated because neither is really inferior, it's because public defenders commonly possess a more collegial relationship with the prosecutor because public defenders are part of the courtroom work group. Private attorneys have a more adversarial relationship to the prosecutor and are more likely to fight the charges than settle.

Also Daze, you know you messed up, but that doesn't make you completely innocent as you state. Yes, it is bullshit being charged with cocaine if you had none. Technically, you did break the law by possessing an analogue ready for human consumption whether they will charge you for it or not. You were also caught which could have been prevented is you were less careless by trying to buy weed in a public place and by bringing the 2c-i out in public in the manner you had it prepared.

Nevertheless, I wish you luck and hope everything turns out okay.
 
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uNivErSaL said:
Also Daze, you know you messed up, but that doesn't make you completely innocent as you state. Yes it is bullshit being charged with cocaine if you had none. Technically you did break the law by possessing an analogue ready for human consumption whether they will charge you for it or not. You were also caught which could have prevented had you been less careless by trying to buy weed in a public place and by bringing the 2c-i out in public in the manner you had it prepared.
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Please read the above posts. Under state law he is innocent, because his state has no analogue laws. He may have violated federal law, but the feds aren't charging him, and the state has no power to do so.

Second, please refrain from the preachy-type advice, it is against this forum's policy (see the guidelines).
 
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