Arrested

[JustinNed]

Hey guys, I was arrested Thursday night for felony possession of drugs (roughly .01g heroin) was wondering if we had anyone that is very knowledgeable with the laws on here. I just got bonded out this morning and am planning on doing out patient rehab as soon as I can so I can show that to the Judge, advice?

 

[spice]

Where are you?

 

[JustinNed]

I'm in Georgia, I tried looking for the State Laws but had no luck.

 

[spice]

Sorry it took so long for me to reply, it's been a long weekend. I am not currently up to date on your states laws, but I do remember a couple years back taliking with someone from there, and he remarking that my state and GA have a lot of similar legislation.

In this country, there is a basic guideline that all of our controlled substance laws are based on/around, referred to as something like the 'Uniform Controlled Substances Act'.....it was passed in the 60's, by the Federal Gov't......the way wiki describes it;

" the Uniform Act completes a top-down system of control in which drug policy originates through the international legislative process of treatymaking and United Nations Commission on Narcotic Drugs scheduling decisions and is automatically implemented through Controlled Substances Act provisions requiring federal scheduling of internationally controlled drugs, and Uniform Controlled Substances Act provisions requiring state scheduling of federally controlled drugs."

This being the case, there are some DRACONIAN, harsh sentences for heroin in my state. It is treated with fear, and they deal with it accordingly here....


However, usually prior criminal history is the prime determinant with cases like you describe (posession of small amount without sales) as they have a lot of leeway with posession-only scenarios, and not so much when sales/manufacture are involved. Generally, if you look hard enough in your states code of criminal procedure, you'll find where the legislature usually writes these types of things in, and they usually specify a mandatory minimum for sales/manufacture.

We are in THE VERY WORST PLACE to get caught doing ANYTHING. These deep-south religious wack-jobs will never rest as long as someone is getting high somewhere. That being said, they do understand the language of money, and simple economics alone tell them that they have to quit sending every drug user to prison. Unless you live in my state, which is the only one, I would want to be in LESS than where you are. In my state we are under what is colloquially known as ' Napoleonic Law', which, among other things, makes consensual, non-missionary-position sex ILLEGAL EVEN BETWEEN MAN AND WIFE.
( a felony, too, to boot)

Imagine what they do when they see heroin.

(or an X lab)

 

[spice]

Here:

"(a) Whenever any person who has not previously been convicted of any offense under Article 2 or Article 3 of this chapter or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug, the court may without entering a judgment of guilt and with the consent of such person defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require, preferably terms which require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed three years, designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may occur only once with respect to any person."


from this link:

http://law.onecle.com/georgia/16/16-13-2.html

The above link is the source of this information. If you are a first offender, you're in really good shape, and will be getting probation. I have seen even repeat offenders get no time when they are repeating on drug posession......it's hard to say for sure, but I think you're looking at *only* a lot of inconvenience.

 

[JustinNed]

Thanks a lot Spice, you really came through man. I was arrested for minor in possession of alcohol about a year or two ago and that charge was dismissed once I finished my terms of probation, so this is technically my first offense.

When I was arrested I was put in the medical ward/isolation and I came very close to losing my mind in there, even though it was only 22 hours before I was bonded out, I was really worried that I would be doing time as I'm not familiar with laws regarding possession of Heroin as I only messed with it on very rare occasions, now my biggest worry is how I'm going to pay for a lawyer as I make too much money for a public defender but, to little for a decent criminal lawyer (especially considering it is a Felony).

Thanks again though man, you really helped take a load off of my mind! Also if anyone else has any advice, etc please reply here, my first Court Date is the 21'st of December and hopefully I will be able to get the actual real court date pushed back until at least March.
Wish me luck!

 

[JustinNed]

Also, I was wondering if anyone knew where I could find the actual State Laws regarding drugs?

 

[spice]

Some more experience I have had with the system is that I had to learn how it all REALLY works, as opposed to the way TV tells THEM it works.(Because believe me, they don't understand)

How it works 101-

Don't worry about your court date. By Law, you must be given a 'speedy trial', IF YOU ASK FOR ONE, (Don't do this unless you KNOW they fucked up on a technical point of the law, and can prove it with witnesses, documentation, etc)

The first date you are given will be your arraignment date, and absolutely NOTHING will happen at this time. (Unless you want it to, and you plead guilty at arraignment. NEVER DO THIS unless you know exactly what you are doing and why you are doing it) It doesn't even matter if you have a lawyer or not, because all a $100, 000 lawyer would do for you at arraignment is tell you that you were pleading 'not guilty' at arraignment.

I'm sure those unfamiliar with this scenario are asking WHY?

Because of the nature of our criminal justice system and a convenient (for THEM) little process called 'plea bargaining'.

By pleading 'not guilty' at arraignment, you set in motion the grinding, rusty wheels of justice.....this is the actual beginning of the 'let's negotiate for JustinNeds ass' process, whereby the DA will make an 'offer', and the imaginary dialogue might go something like this:

DA: Heroin possession is a very serious crime. We want your client to do some time.
Attorney: That's a crock of shit. He's a first offender. It's a non-violent crime.

DA: True, but Heroin is at the very top of Schedule 1, and sentences are usually harsher than for other drugs in this class.
Attorney: I'd like to see you try to get this guy some time for possession of ten milligrams of heroin. You've completely lost your mind.

(At this point, the negotiators appear to have reached a stalemate.....however, this is an illusion. What just happened was the first phase of a very carefully orchestrated dance, a mating ceremony between attorneys, if you will.....and that's really all it is too, seeing as next year, your 'drug-hip' defense attorney might be running for DA, and the guy gunning for your ass may be defending you....it happens, I swear it.)

The reason I tell you these things is so that you understand;

These people are sluts. Whores for the process. Your 'justice' isn't relevant. What's best for you isn't either. What's best for them IS, and what's best for them is this;

Attorney: But I was wondering if you would be open to an in-house drug program, where he would spend 30 days in treatment and a period of time on probation.

DA- I suppose for such a small amount, it's reasonable.

Attorney- You can still give your 'tough on drugs' line to the newspapers.

DA- Wanna grab some lunch?
Attorney- Sure, it's on JustinNed....

(laughter as they both walk off)

 

[spice]

Generally, when you are looking for the actual statutes that make up the law, usually a search on 'Code of Criminal Procedure' and you'll find a state-ran website, usually by the state legislature, where the actual code is. This code will give the actual sentencing guidelines as well as the actual legal definition for various charges. These codes are an evolving work, and are updated yearly, since the lawmakers can't bear the thought of not dreaming up endless new regulations, restrictions, and reports. So, every year new laws are added and things are changed.

http://www.lexis-nexis.com/hottopics/gacode/default.asp < Here you will find what you're after

When I did time in the state prison system here in the Land of Napoleonic Law, I learned some really, REALLY amazing things
about how the legal system can be manipulated.

the devil is in the details

I saw guys that had 40 year sentences for manslaughter 'give it back' (convict jargon for getting the sentence terminated, usually for technicalities)

I myself was able to win a memorable legal skirmish because I knew some of the old 'convict lawyers' who steered me in the right direction, it probably saved me a few more years of prison time.

Of course, your best defense is always not to get caught. :wink:

 

[spice]

Once you are arraigned, then the state has around 2-3 years to finish prosecuting you, except in capital cases, where there is never any time limits.

After arraignment, you'll typically get a date about 3-4 months away. That will really be the ONLY thing you do at arraignment too. Get your next court date. This isn't your trial date either, it will be what they call 'motions/status'. This is their top-secret way of saying 'Let's put it off some more'.

Your move is to accept that. It seems counter-intuitive, but you are way better off the more everything can be delayed. They are usually thrilled to play the delay game. They are getting paid the whole time.

After that date, it is not unheard of to get two, three, or even four MORE 'motions/status' court dates, where not a damn thing happens. This is where the fool will try to speed things up.

Don't be the fool. Speeding things up gets you more problems, and generally a harsher punishment.

Eventually, you'll get a 'pre-trial date'.....THIS is where 'the offer' will usually come, but sometimes, when the mind games are really flying, (like if they make you an offer and you have the nerve to tell them 'no') they will set a 'trial date'....

More often than not, this is complete bullshit, a bluff move on the part of the prosecutor, to really coerce you into accepting their offer. It requires a bit of experience and a careful attention to the pulse of the situation to recognize when they are bullshitting and when they're not. Yes, somewhat like a poker game.....pretty irritating, huh?

What it boils down to is this:

You were caught with a small amount of a controlled substance. You read the law, it does not say you have to go to jail for this offense. Now, the only way I can see it coming about is if you make someone angry without needing to. Play the system, be patient, and you will benefit.

That's the best I've got, buddy, good luck.

:|

 

[spice]

To give you a more complete picture, consider this, too.........


I found the Georgia Code of Criminal procedure at the link I placed above@ lexisNexis, and the sentencing guideline for possession of a schedule 1 CS is '2 to 15 years'.....

Since I cannot speak from direct experience with Georgia, I will speak from experience in my state, and I assure you that it is very similar in Georgia, because it's like this everywhere in the USA;

Let's say you did somehow manage to make someone mad and get some time, say they give you 'two years in the custody of the GA Dept. of Corrections'. This doesn't mean you actually have to serve two years in prison. You heard me right. In my state, if they give a first-offense drug offender two years, he will do a third of that and be out on parole the remainder, because technically, you are still in the custody of the dept. of corrections when you are at home if you're on parole. From their standpoint, it's (parole) a great way to make someone serve time several different times on the same offense. If you violate parole, you go back into the system, do a third of the time you had remaining, and then out you go again, on parole, and the cycle begins anew.

 

[MelloTrip]

I know nothing about the justice system in the US, but what spice says (the system is a big circus) makes sense to me. Do what you're expected to do and everybody will be happy.

Good luck with that JustinNed, keep us updated.

 

[ophiuchus]

i live in georgia as well.

dont know where you can find them in writing, i looked around the http://www.ga.gov website though, and it (has a shitload of info btw) seemed like it might have something useful if you dig around it for a little while. not 100% on that though. a while back though i had a dui (for weed ) and was gifted with this phone number as part of an "operation 21" class, which needless to say wasn't even relevant to me, but this number is holy. you can call them and leave a message about ANY GA LAW and they will get back to you either same day or a day or so later.the answering machine doesn't specifically note it, but i have used it many times before regarding marijuana laws and know it to be true firsthand. the number is 678 947 1521. feel free to call them as often as you want, as they have to return your messages. OH and dont forget to leave a number for them to contact you on.

from my experience, things you'll need to do beforehand... COMMUNITY SERVICE! i can't stress this enough. ga court people, for whatever reason, highly regard the effort of doing the right thing before court. get as many hours as you possibly can and aim for around 40-80. dont take that amount lightly either, it can, and probably WILL help you get a reduced sentence. if you ARE stuck with the felony charge in court, then you'll have to do community service anyways, and generally alot more than that (due to it being felony, i've heard horror stories of up to 250 hours in extreme cases), so it's best to get it out of the way asap, cause, the best part is, they're rollover minutes. so even if you get charged, after court you wont have to start over. **the outpatient rehab beforehand is a fantastic idea too

long story short, go to goodwill, must ministries, or any other non profit. (american cancer society will let you do community service through them and they let you sit in an office chair all day and fill envelopes for their mailing list) just call around. any non profit organization will do, try to find the closest to you.

other than that, start saving your money, your going to need every penny. my sympathies go out to you, im sorry you have to live in the bible belt as well. (you dont happen to live in cobb county do you? you don't have to answer that publicly..) good luck

 

[ophiuchus]

ammendments to my post:

lexisnexis is where that ga.gov site will direct you, good eye spice.

if you're looking for more info, V.G.C.S.A. is the keyword. stands for "something ga controlled substances act". so if you typed "v.g.c.s.a. marijuana laws" as your syntax in google, you'd get a trove of ga marijuana law technicalities or blogposts and whatnot on the topic i'd imagine. substitute herion or opiates and i imagine you'd get similar results.

my possession/dui case took, an arraignment, three motions, and a year in total. in regards to 2-15 years though, not likely. a kid i used to be friends with has been arrested with xanax (schedule 1 as well i think) multiple times and never served. i mean yes it IS a possibility though, they do have the power. spice hit it dead on with the parole thing as well, even if you DID have to serve some time...

 

[Space-is-the-Place]

JustiNed, ALL THE BEST dude.
Seriously, I'm gonna pray for you!

 

[JustinNed]

Thanks for the good vibes everyone, no I'm in Cherokee County and that's where I sat in jail too, I'm gonna try and get George Stein as I hear he's a really good lawyer and he goes on 100.5 and anwsers legal questions from time to time too.

After being high on one thing or another for so fucking long and than having to stop cold turkey is one of the worse parts, especially considering weed will most likely be in my system for MONTHS and MONTHS.... Anyways nap time, but if anyone wants to help me out with lawyer fees let me know, I feel like scum for even saying that but I'm scared shit less too be honest.

 

[JustinNed]

Called the DA last week, all charges have been dismissed without incarceration.

 

[_Avatar_]

Congratulations!
But be a good boy now, okay? :wink:

 

[fab4598]

SNapoleonic Law', which, among other things, makes consensual, non-missionary-position sex ILLEGAL EVEN BETWEEN MAN AND WIFE.

Blame it on the french?



Sorry, off topic...

 

[spice]

Justin- pm me please.



and congrats