Drug Crimes, Substance Abuse possesion and intent to distribute

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JimmyBlaze

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honestly these are the charges being held against my friend and i was in the passenger seat and feel real bad for him and this are the first time hes ever been arrested so any information would be appreciated!!

here is the charges he's facing:

AS11.71.030(a)(1): MICS 3-Deliver/Poss w/Intent IIA, IIIA

AS11.71.060(a)(1): Cntrld Substc 6-Displ/poss any amt VIA

the narcotic he had on his person was 30 methadone pills with 15 in one bag and the other half in the other he had recently been introduced to oxycotton and was looking for a way to ease off of them his friend offered him the methodone that i explained.
he took it not knowing what the substance was or the penalties of having them but unfortunately thats not the point he was arrested later that night with all 30 methadone with intent to sell but he claimed he didn't consume any and wasn't planning on selling or giving anyone the substance.
:confused:also the cop didn't inform him he was under arrest or read him his rights till after he took him to the police station and when he was being booked into jail he gave them premission to take blood samples wich show that he did have oxycotton in his system but not methodone so it totally backs up his story.
so shouldn't it be reduced to just possesion??

ANY information will greatly be appreciated and thnx for going out of your way
 
You watch too much TV. Unless he was questioned and gave incriminating statements Miranda will not apply. Your friend faces very serious charges and should be consulting Lawyers!
 
It's almost like a game they play. They charge something severe, like intent to sell, knowing that odds are it will be plead down to possession.

If he can afford a lawyer, he should get one as soon as possible. Make sure it's a criminal defense attorney, make sure they have done drug cases such as this one.

Good Luck

Also, there are clinics that give out methadone, getting drugs from friends is ridiculous. As far as his knowledge of what methadone is, that doesn't matter as far as legal penalties go.
 
I forgot.

If he has been convicted of anything before this, it will matter as far as sentencing goes, also, it may influence the plea bargaining process.
 
jacksgal said:
You watch too much TV. Unless he was questioned and gave incriminating statements Miranda will not apply. Your friend faces very serious charges and should be consulting Lawyers!
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What if police question you with no intention of arrest at that particular time and you make incriminating statements about your self ? Is there anything binding about your confession ? Does the Miranda rule apply in this situation ?
 
tomsmith said:
Could then statements i make in a non arrest situation be used of as a formal confession in a criminal case ?
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If not made under conditions that a court would see as requiring Miranda, sure. It happens all the time that people confess to things before being taken in to custody or formally interrogated.

- Carl
 
CdwJava said:
If not made under conditions that a court would see as requiring Miranda, sure. It happens all the time that people confess to things before being taken in to custody or formally interrogated.

- Carl
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well they pulled me over , had me get out of my vehicle , checked me for weapons , put me in the back of a police car , interrogated me , i thought i was going to jail , (i have never been arrested before) , then right at the end they said you are not under arrest you are free to go any time if you wanted too .

They said they didnt want me and if i wanted to come out of this unscathed that i needed to confess my part . They said almost always when they do this and the guy cooperates he is not charged . Now they are saying there could be some culpability . Is this an acceptable example of police work ?
 
tomsmith said:
well they pulled me over , had me get out of my vehicle , checked me for weapons , put me in the back of a police car , interrogated me , i thought i was going to jail , (i have never been arrested before) , then right at the end they said you are not under arrest you are free to go any time if you wanted too .
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If you made any incriminating statements that are going to be used against you at trial, then your attorney might have a good shot at getting the confession suppressed as a Miranda violation. What did you confess to doing?

- Carl
 
Transporting marijuana over state lines in a commercial motor vehicle on multiple occasions . Thats all .... I have never ever been in trouble in my life and they scared me pretty good . they had me under survielance for months but never caught me at anything because i had quit that activity before they ever were onto me. i was told on by some associates who got caught . ive heard from a lot of different people (not lawyers) i could get from nothing to prison . i kinda figured that much . i spoke to a lawyer but he said seeing how i have not been charged their is no way for him to talk to the prosecutor to see what im up against . what do you think ? i appretiate your opinion carl
 
tomsmith said:
Transporting marijuana over state lines in a commercial motor vehicle on multiple occasions . Thats all
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That's all?!? That's enough!

i spoke to a lawyer but he said seeing how i have not been charged their is no way for him to talk to the prosecutor to see what im up against . what do you think ? i appretiate your opinion carl
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If you have not been charged, then cross your fingers, go to church, pray, and get rid of all your doper friends ... then, MAYBE you will get lucky and walk away unscathed.

- Carl
 
Carl thank you for the quick reply . i am trying to remain calm and put my trust into the police . these associates approached me on this and i was motivated by money and my financial situation . i screwed up pretty bad i know but for what its worth i had good intentions . the money was not for my drug habit ( i have none) or to buy a harley or a corvette . i did it for my kid to buy him a shwartz appliance (like a retainer) for his teeth . i know it makes no difference but.... like i said before my record is spottless and im 40ish . i think they realize i am no arch criminal but again i have made a huge error and i dearly regret it . in trouble or not .

thanks again ill keep you posted .
 
CdwJava said:
That's all?!? That's enough!


If you have not been charged, then cross your fingers, go to church, pray, and get rid of all your doper friends ... then, MAYBE you will get lucky and walk away unscathed.

- Carl
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interesting quote,,, i did go back to church after 20 years of not going (before any of this happened) and i am praying . we shall see...
 
tomsmith said:
interesting quote,,, i did go back to church after 20 years of not going (before any of this happened) and i am praying . we shall see...
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There's a saying that sometimes God's greatest gift is in his UN-answered prayer. Since all things are done for a reason, if you do have to suffer for this there may be a reason for it that you might not understand until soem time down the road.

- carl
 
tomsmith said:
Carl thank you for the quick reply . i am trying to remain calm and put my trust into the police . these associates approached me on this and i was motivated by money and my financial situation . i screwed up pretty bad i know but for what its worth i had good intentions . the money was not for my drug habit ( i have none) or to buy a harley or a corvette . i did it for my kid to buy him a shwartz appliance (like a retainer) for his teeth . i know it makes no difference but.... like i said before my record is spottless and im 40ish . i think they realize i am no arch criminal but again i have made a huge error and i dearly regret it . in trouble or not .

thanks again ill keep you posted .
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Good luck.

- Carl
 
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