I f*kd up, I need your help (undercover, DEA, JAIL)

[REALTalK3]

Hello Psychonauters out there. I am new to the website.
On my birthday the GBI, DEA, and city police came to my house with a warrant for my arrest. I got to spend the night in jail an hour and a half away from my house before I gotten bailed out. I am charged with two Schedule I offenses, selling LSD on blotter paper.
Come to find out I sold to my old "FRIEND" who happend to be driven around by an undercover.
Sold them two times, first time i hit him up, came to him and sold 10 hits of quality LSD. then a few days after 311 we arranged to meet up again in the same area and i get him 25. He was still riding around with that same guy, who came off to me as a retarted X dealer. I had been fooled, shame on me.
Now i need your help. Could anyone tell me what I could be facing. How much jail time. Is it possible too get only probo? Worst and best case scenerio. and if you dont want to do any research could some one point me in the right direction. Anything helpfull will be greatfully appreciated. I am having a hard time falling asleep at night.

thank you

and be careful out there.

 

[REALTalK3]

I am also a perminant resident of the US. I hold a Dutch passport. MY lawyer said that the netherlands and the US have an extradition treaty. fleeing to the motherland isnt to usefull. Do you think I might get deported? or have a hard time renewing my residency when it runs out in 2012?
Im fucked i think, i just wanna know how hard the blow is gonna be.

thanks again.

 

[Caduceus Mercurius]

I have no idea, unfortunately. Thanks for the warning, and thanks for sharing acid with others (it's been referred to on this forum as 'holy work'). All the best to you!

 

[REALTalK3]

dit is echt kut

 

[GOD]

I have no idea about the laws where you are but i think it will have a lot to do with your age , if you have a criminal record , if your white , if your good looking , if your middle class and if you have a stable family background .


People should only sell to people they know personaly , with no witnesses and on ground and at a time of their own choice .

 

[REALTalK3]

yeah, i wasnt careful.
I reside in Georgia.

 

[redhawk]

My advice would be; find a reliable lawyer! He/she can answer most of your questions. And be careful what you write down here, as it might affect your case?

Try to stay calm!

Your family is still living here in Holland? Do they already know?

Stay strong, my friend!

 

[Guest]

The best advices I can give you can be found here :

http://www.erowid.org/freedom/police/police_info1.shtml

...althought I don't know if you already went through all this.

It helped me big time when I was taken into custody, maybe this will help.

Otherwise, there should be something interesting for you to read here :

http://www.erowid.org/freedom/

...and yes, find a good lawyer.

I wish you all the best.

 

[spice]

SECTION 1.1.

1-17 Said chapter is further amended by striking subsection (d)
1-18 of Code Section 16-13-30, relating to purchase and
1-19 possession of controlled substances, and inserting in its
1-20 place the following:

1-21 "(d) Except as otherwise provided, any person who violates
1-22 subsection (b) of this Code section with respect to a
1-23 controlled substance in Schedule I or a narcotic drug in
1-24 Schedule II shall be guilty of a felony and, upon
1-25 conviction thereof, shall be punished by imprisonment for
1-26 not less than five years nor more than 30 years. Upon
1-27 conviction of a second or subsequent offense, he or she
1-28 shall be imprisoned for not less than ten years nor more
1-29 than 40 years or life imprisonment. The provisions of
1-30 subsection (a) of Code Section 17-10-7 shall not apply to
1-31 a sentence imposed for a second such offense; provided,


this is from:

http://www.legis.ga.gov/legis/1995_96/l ... hb1555.htm

The state of Georgias website......

5 to 30 is what my state carries as well......

A lot will depend on your past, but $ plays a role too....

In my state (deep south near Georgia) people go to prison for selling psychedelics to narcs, believe me....I know.

 

[REALTalK3]

My advice would be; find a reliable lawyer! He/she can answer most of your questions. And be careful what you write down here, as it might affect your case?

Try to stay calm!

Your family is still living here in Holland? Do they already know?

Stay strong, my friend!

Yeah I come out of The Hague (Den Haag)/ Schreveningen. My family already knows since i was not able to make out there for my anual Christmas/ new years trip. sucked hardcore.

 

[REALTalK3]

The best advices I can give you can be found here :

http://www.erowid.org/freedom/police/police_info1.shtml

...althought I don't know if you already went through all this.

It helped me big time when I was taken into custody, maybe this will help.

Otherwise, there should be something interesting for you to read here :

http://www.erowid.org/freedom/

...and yes, find a good lawyer.

I wish you all the best.

thanks man, I paid a good amount for a reputable lawyer. the erowid vaults are always a good read.

 

[REALTalK3]

SECTION 1.1.

1-17 Said chapter is further amended by striking subsection (d)
1-18 of Code Section 16-13-30, relating to purchase and
1-19 possession of controlled substances, and inserting in its
1-20 place the following:

1-21 "(d) Except as otherwise provided, any person who violates
1-22 subsection (b) of this Code section with respect to a
1-23 controlled substance in Schedule I or a narcotic drug in
1-24 Schedule II shall be guilty of a felony and, upon
1-25 conviction thereof, shall be punished by imprisonment for
1-26 not less than five years nor more than 30 years. Upon
1-27 conviction of a second or subsequent offense, he or she
1-28 shall be imprisoned for not less than ten years nor more
1-29 than 40 years or life imprisonment. The provisions of
1-30 subsection (a) of Code Section 17-10-7 shall not apply to
1-31 a sentence imposed for a second such offense; provided,


this is from:

http://www.legis.ga.gov/legis/1995_96/l ... hb1555.htm

The state of Georgias website......

5 to 30 is what my state carries as well......

A lot will depend on your past, but $ plays a role too....

In my state (deep south near Georgia) people go to prison for selling psychedelics to narcs, believe me....I know.

Spice i like your reply the least but it helped the most. Thats rough, like i figured. I havent really been in much trouble in the past. Its just so beat that one can go to prison longer than someone who tries to sell 90 kilos of coke. I just dont understand the system.

thanks spice

 

[Guigz]

Fucking D.E.A, magnificent present for your birthday...
Just one things to say: Good Luck guy!! :thumbsup:

 

[mysticwarrior]

1-21 "(d) Except as otherwise provided, any person who violates
1-22 subsection (b) of this Code section with respect to a
1-23 controlled substance in Schedule I or a narcotic drug in
1-24 Schedule II shall be guilty of a felony and, upon
1-25 conviction thereof, shall be punished by imprisonment for
1-26 not less than five years nor more than 30 years. Upon
1-27 conviction of a second or subsequent offense, he or she
1-28 shall be imprisoned for not less than ten years nor more
1-29 than 40 years or life imprisonment.

That's just sick man! Who do they think they are?

I wish i could help you, but since i can't, i wish you good luck and i hope for you that everything turn out to be fine. The law in America is just so fucking sick that it shocked me. Of course it can even get worse in China marlaysia or Thailand. But still i can't understand why you would jail someone for selling some blotters with acid. It will cost the government a lot! How can they prison those silly lovely hippy's for selling some with a drup of acid and letting those criminal coke bastards running away.

I don't want to discriminate, but lately i have read and seen many things about america, and man!! It seems to me, as if America is just almost to full with stupid fucks. Of course there live also some great people, but it seems to me like if the majority is just gone mentally insane. If i did live in America, i would probably felt myself a smart ass instead of feeling my self a dumb ass over here Or is this just imagination?

 

[Ahuaeynjxs]

Hardly imagination... yet each do with what they have.

The thing with the law about drugs you don't understand is that you are being convicted in a commercial court.

I am not a lawyer so don't take my word for it, but there is a distinction ; and if you manage to bring your court into common law, then you will be allowed to walk out a free man.

It won't piss anyone off, the guys are just doing their jobs, they don't necessarly want to put you in for blotters, but if they don't and their superior learns of it, they're in much worse trouble than you.

If you have not been into court yet then you are lucky, because as soon as you acknowledge there is a case, you're basically giving them jurisdiction over you.

The judge will call you to come forward in the little zone in front of him, if you step in there, you're done, they got you.

If you want to rely on the constitution of the USA you need to stand your ground. First of all in a commercial court your name will be spelled as a "war name" in all caps without your middle name. It will be spelled DOE, JOHN instead of John Henry Doe for example.

So you must say to the court (ask your lawyer however I'm not qualified to give legal advice) that there has been an error and that the name stated on the comparution notice isn't you ; you must not IN ANY WAY say that there is a case that might include you. Then still according to the consitution you do not have to step forward until this is clarified, you can ask them to bring the comparution notice to you, have your birth certificate ready.

Then show them how that is not your name, it is not you who the court is prosecuting.

The commercial court cannot prosecute your real person , because noone is willing to actually sue you, there is no victim thus there is no case.

They might try to trick you, not because they re bad people, again thats their job to get money for the government to pay for hospitals and services.

If they try to force you into the little cubicle where you stand in their jurisdiction, then you must protest and say you will sue the court for misproceedings, this should make them question you.

Then if the matter is not cleared you will have to ask the judge and the chief prosecutor if any of them is willing to prosecute your natural person directly, you can even get religion into the picture and say you are a free man under god and the law, and it is truth that you have not broken any law of the land, only a commercial law.

If noone stands and sues you directly then you are free to walk out and say : in the light of these proceedings I walk out of this court.

It might seem easy on paper, but your lawyer might look into it for you, it's more complex than it seems, and it's easy to pitfall and get into more trouble than anything.

 

[Ahuaeynjxs]

You might find more answers here... this site has been running for at least 10 years that I know of.

I have never tried anything in there myself, but I know how to read law and it is not delusion to me... thats where I read what I'm talking to you about, it's in there somewhere, dunno where exactly.

http://www.detaxcanada.org/cmlawintro.htm

I don't condone the selling for drugs however ; I'm just saying you have rights, as we said there are precedents of people selling thousands of kilos of cocaine and walking out the next day after paying huge sums of money.

 

[GOD]

"if you manage to bring your court into common law, then you will be allowed to walk out a free man. "

Where ? On mars ? On the sun ? Show me one person that has done that and won ?

 

[spice]

Hardly imagination... yet each do with what they have.

The thing with the law about drugs you don't understand is that you are being convicted in a commercial court.

I am not a lawyer so don't take my word for it, but there is a distinction ; and if you manage to bring your court into common law, then you will be allowed to walk out a free man.

It won't piss anyone off, the guys are just doing their jobs, they don't necessarly want to put you in for blotters, but if they don't and their superior learns of it, they're in much worse trouble than you.

If you have not been into court yet then you are lucky, because as soon as you acknowledge there is a case, you're basically giving them jurisdiction over you.

The judge will call you to come forward in the little zone in front of him, if you step in there, you're done, they got you.

If you want to rely on the constitution of the USA you need to stand your ground. First of all in a commercial court your name will be spelled as a "war name" in all caps without your middle name. It will be spelled DOE, JOHN instead of John Henry Doe for example.

So you must say to the court (ask your lawyer however I'm not qualified to give legal advice) that there has been an error and that the name stated on the comparution notice isn't you ; you must not IN ANY WAY say that there is a case that might include you. Then still according to the consitution you do not have to step forward until this is clarified, you can ask them to bring the comparution notice to you, have your birth certificate ready.

Then show them how that is not your name, it is not you who the court is prosecuting.

The commercial court cannot prosecute your real person , because noone is willing to actually sue you, there is no victim thus there is no case.

They might try to trick you, not because they re bad people, again thats their job to get money for the government to pay for hospitals and services.

If they try to force you into the little cubicle where you stand in their jurisdiction, then you must protest and say you will sue the court for misproceedings, this should make them question you.

Then if the matter is not cleared you will have to ask the judge and the chief prosecutor if any of them is willing to prosecute your natural person directly, you can even get religion into the picture and say you are a free man under god and the law, and it is truth that you have not broken any law of the land, only a commercial law.

If noone stands and sues you directly then you are free to walk out and say : in the light of these proceedings I walk out of this court.

It might seem easy on paper, but your lawyer might look into it for you, it's more complex than it seems, and it's easy to pitfall and get into more trouble than anything.

Obviously, you don't have direct experience with the criminal justice system in this country.....if you try ANY of that stuff you just talked about, the first thing that'll happen is that you will be laughed at, then, you'll be subject to IMMEDIATE incarceration.....and if you try that here in the deep south, I'd imagine a nice slice of police brutality as well.

YOU CANNOT HANDLE THESE PEOPLE THIS WAY.

Original poster- Your best bet is to begin lobbying for 'rehab'. This is what they want to hear....

" I ask the court to recognize that this has been a stressful time in my life, as my :

(wife left me)

(lost my job)

(close relative died)

etc etc

"....and I sought refuge in drugs. I have been emotionally distraught since________, and I just haven't been myself since. I do not do this as a lifestyle, it was just something I began doing recently. I sold those drugs to support my habit"....


THIS is what they need to hear. It allows them to somewhat, in some little way, identify with you, and you have a much better chance of something good happening than trying to assert your rights according to what was posted above.

Now, the code does proscribe a 5-30 year sentencing range, yes, but here's something that makes it a little less harsh than it would at first seem;

The judge/DA has the authority to SUSPEND all or part of that....meaning he could give you 5 years in DOC (dept. of corrections) but suspended (means you don't have to go to prison) and put you on probation for a few years. The probation could be a couple of years, but it could be ( and frequently is ) the duration of the suspended sentence....if you screw up on the probation, THEN you DO go to prison.

I would GUESS that you probably won't have to actually go and do prison time, if you handle this situation with delicacy.

DO NOT ATTEMPT TO ASSERT YOUR 'rights' (You don't have any).

Your best bet is to not piss them off, and angle for some mercy.

It happens.

I wish you luck.

 

[GOD]

That was a realy good post with the best strategy for you from Spice .

So go to a doctors / drug help organisation and get a therapy.....NOW . Cut your hair , get a job ....... lick arse and pretend you regret it .

I think a lot will depend on if you have a criminal record . Have you ? If so what ?

Remember you MIGHT be able to twist things about your family background = i was abused / beaten up / had a dificult childhood and iI left holland for a new life , to get away from it .

But be very carefull .

 

[spice]

Further, the length of time one has to serve to get parole is less than the actual sentence.....in my state, first offenders are getting parole for nonviolent offenses in 1/3 of their sentence, 5 years = 20 months....which is still a long time, but not compared to 5 years in the joint.

It took me a few months to get back to myself when I got out, and I did 4 years inside.

( I was a first offender, too, but a much worse one than you)

I am not completely familiar with your laws, but I will see what I can dig up.