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If you are arrested for possessing (or selling!) anabolic steroids, the best advice is to remain silent, ask for the opportunity to contact a lawyer immediately, and answer no questions until you speak with him or her. Once you request a lawyer and refuse to talk to the police without one, the police are legally prohibited from questioning you further.
What happens after the arrest? After the arrest processing by police or other law enforcement agents, the next step is generally a court arraignment at which the judge or magistrate will provide your attorney with a copy of the charges against you, and decide whether bail should be set. The purpose of bail is for the judge to help ensure that the accused comes back to court. Whether bail is set depends upon numerous factors, including the seriousness of the charges, risk of flight, prior record of the accused, etc. If an unaffordable bail is set, you could remain in a detention facility while awaiting the resolution of your case. An experienced criminal lawyer can argue against the setting of bail for you. Of course, a detailed explanation of the progress of a criminal case in state or federal court is beyond the scope of this site, and it is strongly suggested that you consult directly with a criminal defense attorney if you are being investigated or have been charged with a crime.
What is police entrapment? Simply put, entrapment refers to a legal defense where a person commits a crime solely because he was actively pressured by the police to do it. Each state has its own statutes and case law dealing with this issue. Under the New York state law, for example, entrapment is an affirmative defense when a person is pressured by the police to commit a crime just for the purpose of arresting him, and when the methods used by the police are such as to create “a substantial risk that the offense would be committed by a person not otherwise disposed to commit it” (emphasis added). (The New York State Penal Law Section 40.05 defines the affirmative defense of entrapment.) This defense protects people who are not predisposed to committing a crime, but who give in only because of the nature and persistence of police pressure. Just giving a person the opportunity to commit a crime (such as merely asking a person to sell a controlled substance) is not entrapment. Moreover, undercover police are lawfully entitled to lie while acting undercover. So asking, “Are you a cop?” before making a sale of anabolic steroids will not get the case thrown out of court.
What are my chances of going to jail? A very important question, but one that is impossible to answer without knowing the specifics in a given case. Whether an individual serves any prison time at all depends upon numerous factors including but not limited to the person’s past criminal history, the strength of the prosecution’s case, the person’s role in the offense, the amounts of steroids involved, and how effectively the case is either negotiated or litigated by defense counsel. In our experience, few first-time offenders charged with mere possession for personal use are sentenced to jail in the New York state courts. Sellers are treated more harshly. The Federal Sentencing Guidelines generally mete out stiffer sentences for distributing steroids than would apply in the state courts.
If you are arrested for possessing (or selling!) anabolic steroids, the best advice is to remain silent, ask for the opportunity to contact a lawyer immediately, and answer no questions until you speak with him or her. Once you request a lawyer and refuse to talk to the police without one, the police are legally prohibited from questioning you further.
What happens after the arrest? After the arrest processing by police or other law enforcement agents, the next step is generally a court arraignment at which the judge or magistrate will provide your attorney with a copy of the charges against you, and decide whether bail should be set. The purpose of bail is for the judge to help ensure that the accused comes back to court. Whether bail is set depends upon numerous factors, including the seriousness of the charges, risk of flight, prior record of the accused, etc. If an unaffordable bail is set, you could remain in a detention facility while awaiting the resolution of your case. An experienced criminal lawyer can argue against the setting of bail for you. Of course, a detailed explanation of the progress of a criminal case in state or federal court is beyond the scope of this site, and it is strongly suggested that you consult directly with a criminal defense attorney if you are being investigated or have been charged with a crime.
What is police entrapment? Simply put, entrapment refers to a legal defense where a person commits a crime solely because he was actively pressured by the police to do it. Each state has its own statutes and case law dealing with this issue. Under the New York state law, for example, entrapment is an affirmative defense when a person is pressured by the police to commit a crime just for the purpose of arresting him, and when the methods used by the police are such as to create “a substantial risk that the offense would be committed by a person not otherwise disposed to commit it” (emphasis added). (The New York State Penal Law Section 40.05 defines the affirmative defense of entrapment.) This defense protects people who are not predisposed to committing a crime, but who give in only because of the nature and persistence of police pressure. Just giving a person the opportunity to commit a crime (such as merely asking a person to sell a controlled substance) is not entrapment. Moreover, undercover police are lawfully entitled to lie while acting undercover. So asking, “Are you a cop?” before making a sale of anabolic steroids will not get the case thrown out of court.
What are my chances of going to jail? A very important question, but one that is impossible to answer without knowing the specifics in a given case. Whether an individual serves any prison time at all depends upon numerous factors including but not limited to the person’s past criminal history, the strength of the prosecution’s case, the person’s role in the offense, the amounts of steroids involved, and how effectively the case is either negotiated or litigated by defense counsel. In our experience, few first-time offenders charged with mere possession for personal use are sentenced to jail in the New York state courts. Sellers are treated more harshly. The Federal Sentencing Guidelines generally mete out stiffer sentences for distributing steroids than would apply in the state courts.
