RC and psychedelics alibi

[GDxCAT]

SWIM has gotten himself into quite a big steamy pile of shit.

He was holding on to a pound of marijuana for a friend. The deal being, as long as SWIM just keeps it for him SWIM can smoke as much as he wants. This same friend got busted and gave cops a tip and SWIM had his house raided.

The search turned up:
14oz of marijuana
Various RC's (all under 1 gram. also one of the RC's was scheduled, AMT)
poppy pods
dried cactus skins
empty vials and capsules

Now SWIM is facing 3-5 years for something that he is technically not guilty of (selling pot).

SWIM wants to know how bad all the other charges (rc's, cactus, pods, etc)will affect his case. And also if there is some alibi he can use for possessing them.

any and all help is greatly appreciated. thanks you

and plz send swim good vibes. He needs them more than ever right now.

[Solidly-here]

Your question has many facets to it.

Suffice it to say: If you can make a showing that you are NOT a Drug-Dealer, you will be a lot happier at your Sentencing hearing.

Personal Use (even of multiple Drugs) is something the DAs (and Judges) see every day. They see people from all walks of life (from Janitors, to Doctors, from Fast-food employees, to Rocket Scientists). If they "put" you in with this group, you will be happy. It is possible you could receive Probation, even.

The main thing to remember is: It does not matter what the law says about something. What DOES matter is how your Local County handles Drug cases . . . because, you will (probably) "Settle" your case with the District Attorney.

If this was just a case of the Pot, it might make an interesting Trial, but you have many other "illegals" (like AMT). The simple Pot case could be handled by asking the Cops if they saw several "suspicious" visitors coming to your house (come in, stay 3 minutes, and leave). And asking them if they found any "Business" records (Buy-and-Sell sheets).

That being said, there are several variables, which will affect any advice I (or even an attorney) could give you:
1) What state do you live in? This is important, because some states (even if their laws are similar) have different ways of handling cases. And some states (like California) have generous "Diversion" programs (so you guarantee yourself with Probation, if you get the "selling" aspect of the case dealt with);
2) What county (in that state) do you live? Each DA (himself) has his own manner of handling cases (local attorney's know this, and could tell you);
3) The Search Warrant. It is possible that the Cops jumped-the-gun a little, by getting a Warrant with no corroboration of actual "selling" going on; and
4) What your "current" Criminal record is. A clean arrest record is a valuable asset to any defendant.

One whimsical question: Out of 16 ounces of Pot (for you to hold), you smoked 2 whole ounces of it? Gee what kind of friend are you?

Reputation Comments on this post:

[GDxCAT]

SWIM lives in NJ. He was told by his lawyer since this is his first offense he may get something called PTI (pre trial immunity) which means he is put on probation and if he doesnt get in trouble in the probation period everything will be dropped from his criminal record. This is what SWIM is hoping to get. His alternative is 3-5 years in prison for distribution of marijuana.

Oh and the cops did not have a warrant. When they knocked on the door (at 3 am) swims sister opened it and signed a sheet allowing them to search the house. SWIMS sister did not suspect SWIM of being in any way involved with drugs, let alone drug dealing.

It seemed like the cops believed SWIM when he said he wasnt a dealer. He had no bags, no scale, no people stop by house regularly for 3-5 minutes. In fact not many ppl stop by at all. If they had been watching the house it would be obvious SWIM is not a dealer.

1 of swims charges was possesion with the intent to distribute mushrooms. The problem is swim had no mushrooms in his house. The cactus chips were misidentified as mushrooms. Could this work in swims favor, or when the test results show mescaline will the consequences be just as bad?

Oh and SWIM did not smoke 2 o's of his friends weed (although he could have and his friend would have no problem with it). He smoked perhaps a 1/2 O, maybe a bit more in the time he had the pot in his posession (about 1.5 weeks) SWIM has a head stash of finer quality nugget that he uses and the friends weed was used primarily for mixing with other weed or for joints, blunts etc.
I'd consider SWIM a pretty good friend, as he was not the narc in this situation nor would he be.

[FrankenChrist]

Good luck.

[Solidly-here]

OK, things are looking a lot like I hoped they would. "Diversion" is a wonderful thing. The DA "diverts" you from the Criminal Justice system. Be a good boy (during the Probation), and you (still) will have a "clean" record.

GDxCAT responds with: "SWIM lives in NJ. He was told by his lawyer since this is his first offense he may get something called PTI (pre-trial immunity) [Diversion] which means he is put on probation and if he doesn't get in trouble during the probation period, everything will be dropped from his criminal record."

None of the other stuff matters (like your lack of sellable Mushrooms). When you are diverted, it takes care of everything.

You don't have to worry about the Judge (possibly) NOT giving you Diversion, because if you qualify, you will get it. Attorneys do NOT like to talk in absolute terms (everything is maybe).

[GDxCAT]

Solidly, thanks for the advice. Thats really helpful. Swim feels alot more relief now.

peace.

[Alfa]

Do yourself a big favor and get into contact with Richard Glen Boire. He is the man when it comes to exotic drugs & RC's. He is not in your neighbourhood, but at least get his advise. I have given this advise to others before and none of them regret following it. Here is his website: www.convictionfree.com

[Pinkavvy]

Yes, RG Boire will give great adivce and refer you to somebody i nyour area that can be of great help and work closely with him.

[GDxCAT]

SWIM has already told his lawyer (a NORML lawyer) to get in contact with him. Thanks for the advice though.
Seems that NJ is pretty strict on analogues.
SWIMS worst fear is going to prison for dealing even though he had no part in drug dealing EVER.

[raven3davis]

Okay just some advise from SWIM. SWIM is not sure about this but somewhere (he thinks here) he saw someone talking about geting busted with small amounts of RCS. He said that use of RCs as an antidepressant is not covered under the analog act so maybe you could integrate that into your offense. Just some advise man sorry to hear what happened to you.

It is all going depend on the situation. You will probably be able to get some kind of a deal they should not put you away for RCs and bud but you never know. Dont say anything and ask for a lawyer. Stay clean and on the up and up for now. You might even go to rehab or something as part of a sentence, swim has heard of this happening. Just do what you can in your power to stay outa jail.

Your lawyer will know more than anyone on here so talk to him about these matters but yo will likely be able to get some of the charges thrown out. Especially the shroom charges, shit like that is going to work for your defense. If they find that it is cacti then try to find some loophole. Your lawyer will know what to do and good luck.

[fatal]

I would reccomend against saying the RCs were used as antidepressants. if you are in fact charged for the analogues then if you admit that you used them in any fashion on any human being then they meet their burden of proof that they were for human consumption. I wouldnt honestly worry too much about it tho. SWIM had trial last year on 5 criminal charges from 2 cases and one of those cases was a drug raid for psilocybin(fortunately swim did not have any questionable analogue drugs at that point). All but one of the actual criminal charges just got thrown away and swim plead to the shrooms 1 1/2 months county time, and they thought swim was selling for sure. trust me dude jails not bad anyways. you get free cable.

[raven3davis]

SWIM just thought this would be the best idea considering empty gel-caps were found. Of course run this idea across your lawyer, SWIM is not a lawyer and he doubts anyone here is so a true professional would know the law more than anyone here. Just an idea SWIM figured he would run across. The chemicals were not found in a research setting and they were together with weed so it is kind of obvious they were intended for human consumption. Just run this idea across your lawyer it might be of some value. SWIM just heard someone use this as their abili he thinks they were a member here.

[GDxCAT]

If SWIM is facing 3-5 is it possible that even if he does have to serve jail time it would be less than 3 years.

Swim knows alot of the charges will be dropped because some of them are flat out lies. And he is hoping the lawyer that he paying a ton of money will do his job.

SWIM also found out today that because of his charges he may have to face deportation.

This is just a smack in the face on how unjust our laws are. SWIM has been a resident of the US for 17 years. It is the only country he knows and now he may be sent back to place where he doesnt even speak the langage fluently.

oh well, i guess now SWIM just plays the waiting game.
Send good vibes.


peace.

[Alfa]

You got my vibes.

[Pinkavvy]

good vived to gd!

raven - by saying you use the rc's as an anti-depresent is in violation of the intended use of the product. any human consumtion is illegal, as it has not been tested and approved by the fda. the intent of research chemicals is simply non-human use testing... such as swim's ongoing study which is to find a substance that will cause an ant colony (in a home or property) to abandon the area without harm.

[Toltec]

Originally Posted by Pinkavvy

good vived to gd!

raven - by saying you use the rc's as an anti-depresent is in violation of the intended use of the product. any human consumtion is illegal, as it has not been tested and approved by the fda. the intent of research chemicals is simply non-human use testing... such as swim's ongoing study which is to find a substance that will cause an ant colony (in a home or property) to abandon the area without harm.

AMT was used as an anti-depresent in Russia, does that count?

Cat I feel realy bad for you, i'm sending you as much energies as I can buddy.

[Alfa]

Would that approach hold when used paraphernalia was found?

[Mezza]

Good vibes man, best of luck.

Mezza

[Silence_Inc]

good luck man!

i just do'nt undertsand how someone can be accused of doing something he didn't do ... if you don't sell - YOU DON'T SELL - right??... and that friend, damn - that's no friend man. if that was arround here - he would know what shit he got himself and others into. Silence is golden - espesially when it come sto drugz!

I didn't do it!

'bart simpson'

[GDxCAT]

thanks for all the good vibes guys.
SWIM pleaded not guilty on his first court appearance and now he has to wait at least a month untill he hears something. As long as SWIM is not in jail he's happy.

Silence_Inc, SWIM does not sell pot. I guess his biggest mistake was becoming friends with a pot dealer who ended up being a scumbag. SWIM has friends who are willing to act as Karma Police for him but he would rather good old KARMA do its job itself. SWIM is not spiteful, and he isnt even mad at the guy who ratted him out. He pitties him.

Namaste

[GDxCAT]

Well, SWIM had trial yesterday.
He had all charges dropped except posession with intent to distribute.
He pleaded guilty and recieved 18 months of probation. Once the probation period is over it all gets expunged from his record.

Thats good news for SWIM.
thanks to everyone that sent good vibes.

peace.

[Mezza]

That's a relief man, very glad to hear. Are you under 18? If not, then thats excellent that you got expungement, you must have had a heck of a lawyer

What did the judge do about the RC's? Was any attempt made to invoke the analog act?

Mezza

[Solidly-here]

Whew! Boy, I'm glad that's over . . . All's well that ends well.

Well, GDxCAT, I am guessing that you'll be having one heck of a good night's sleep tonight. Just "be good" for a year-and-a-half (well, not TOO good now, just good enough).

And by the way, could you help me out? I need someone to store a couple Kilos of AMT for me (and only for a few years). Ha ha. Peace.

[motorhead]

Pity him GD? Na, Swim would put him in the hospital. But your right, karma can be powerful. Glad things worked out for you.

[snapper]

You have the right attitude. Desire for revenge just ends up eating you up. People mostly get what's comin' to them.

Little late, but I'm sorry about what happened! It is a huge waste of time to fuck with someone like you when there are so many amoral, violent, nasty people in way deeper. I think it just shows that cop bully mentality of picking on those that will not put up a scary fight.

SWIM wonders if your stash 'll end up on microgram in a few months ?

Snapper