Stay Safe, Bros. Important Info

[Trevdog]

This is an excellent thread.

I'm a California attorney. Although I don't specialize in criminal law, my understanding is that California's rules regarding entrapment and those governing the behavior of undercover officers are substantially the same as those described by Immortal Juicer and NYCDefender.

Entrapment is a defense that exists mostly in fiction, it is nearly impossible to prevail on.

An undercover law enforcement officer is never compelled to reveal his true identity and there are no "magic words" that would trigger a duty to do so.

I would like to add some general comments regarding civil rights. Our Supreme Court has been pretty consistent in eroding protection of the accused and in giving law enforcement broad latitude in investigating crimes. The police are allowed to play all kinds of dirty tricks, such as "good cop, bad cop", lying to a suspect about how his friend has already "spilled the beans" and he had better come clean, if he does "they will go easy on him", etc. Never assume that police have to play fair or be truthful.

As already mentioned, you have the right to remain silent - DON'T WAIVE IT! If you say anything at all, it should be "I want to speak to an attorney." Also, NEVER CONSENT TO A SEARCH!

 

[Immortal Juicer]

The police are allowed to play all kinds of dirty tricks, such as "good cop, bad cop", lying to a suspect about how his friend has already "spilled the beans" and he had better come clean, if he does "they will go easy on him", etc. Never assume that police have to play fair or be truthful.

As already mentioned, you have the right to remain silent - DON'T WAIVE IT! If you say anything at all, it should be "I want to speak to an attorney." Also, NEVER CONSENT TO A SEARCH!

Great one! I forgot all about it. Lying to a suspect about how his friend, the real suspect, had already pointed the finger at him, will cause a panic real quick.

"WTF? HE is the one that...!"

Another one I heard was that they act like they believe you are guilty of a much more severe offense, say heroin trafficking, and in the middle of grilling you about it, the "good cop" steps in and says "I think we have the wrong guy, all this kid has is some steroids, right?"

"Yeah, yeah. Steroids, no heroin, just steroids. I swear."

BUSTED.

Mabye I've been watching too many movies.

 

[Dexter]

Uh, I don't there are that many movies of such nature as you've suggested, Immortal.

I think you have a good head on your shoulders. And I'm glad to see Trev chime in on this one, too, along with nycdefender, and, of course, others.

This thread is an "Elite Fitness Classic."

Dexter

 

[barbell265]

So....

So being caught with 1 -or- 100 units without the intent to distribute brings the same penalty; 0-6 months, level 6 offense. But let me get this straight, it is a FEDERAL offense not a misdemeanor offense if caught with gear for personal use?? Meaning that with one bust your a "felon"? I thought there were misdemeanor and felony offenses, but this is a federal issue correct? Does this mean you would be classified as a felon if convicted? or is it a misdemeanor offense?

 

[Wombat]

Re: So....

So being caught with 1 -or- 100 units without the intent to distribute brings the same penalty; 0-6 months, level 6 offense. But let me get this straight, it is a FEDERAL offense not a misdemeanor offense if caught with gear for personal use?? Meaning that with one bust your a "felon"? I thought there were misdemeanor and felony offenses, but this is a federal issue correct? Does this mean you would be classified as a felon if convicted? or is it a misdemeanor offense?

What is sad is a person is better off being caught smuggling gear over the U.S. border(for personal use) then to be nailed threw the mail-----In a lot of cases one won't even see a court date....

Lets say I have a friend that is caught at the border bringing over a small amount----and he doesn't see in the inside of a court house but just fined $500 dollars and he is on his way with some paper work to sign-----My question is lets say I'm nailed with a small amount of gear(personal use) that I got threw lets say the mail-----I get a court date and all that bullshit----Couldn't my lawyer use whats happing at the border as some kind of plea bargin(to me that looks like a double standard) NO? Just wondering--any lawyers out their?

 

[Dr.Evil]

Re: So....

So being caught with 1 -or- 100 units without the intent to distribute brings the same penalty; 0-6 months, level 6 offense. But let me get this straight, it is a FEDERAL offense not a misdemeanor offense if caught with gear for personal use?? Meaning that with one bust your a "felon"? I thought there were misdemeanor and felony offenses, but this is a federal issue correct? Does this mean you would be classified as a felon if convicted? or is it a misdemeanor offense?

good question barbells. my earlier post was pretty messed up, so i'll try to clarify a bit more.

the federal sentencing guidelines only would apply to you if you are caught selling the gear and then they find more gear in your home afterward, so they can reasonably get you for intent to distribute for the gear found in your home. this is a felony charge.

if you're just caught receiving a large amnt of gear and not actually caught selling with a controlled buy then it is likely that the state will handle your case, not a federal prosecutor. i'm not too familiar with state charges and sentencing rules, so i don't know if this would be a just a misdemeanor or a felony posession.

 

[JaTruTheGreat]

: )

Great post Juicer! Educational indeed. Late!!!

 

[bigguns7]

Awesome post. To further your point, an attaorney once told me that 90% of all people who end up getting convicted on drug charges get convicted because they consented to search. He said you basically forfeit all of your constitutional rights when you consent.

 

[nycdefender]

Re: So....

So being caught with 1 -or- 100 units without the intent to distribute brings the same penalty; 0-6 months, level 6 offense. But let me get this straight, it is a FEDERAL offense not a misdemeanor offense if caught with gear for personal use?? Meaning that with one bust your a "felon"? I thought there were misdemeanor and felony offenses, but this is a federal issue correct? Does this mean you would be classified as a felon if convicted? or is it a misdemeanor offense?

Although Dr. Evil answered your question, I believe that you are confused between the terms "federal" vs. "felony."

The jursidiction that prosecutes you can either be the federal or the state authorities.

A felony is a crime for which a period of incarceration in excess of one year is authorized. A "felon" is a person who has been convicted of a felony. A misdemeanor is a crime for which the maximum period of incarceration can be up to and including one year of incarceration.

Barbell, I assume your question was, "If I get busted by the federal authorities for possession (not possession with intent to distribute), will the resulting criminal conviction result in a felony conviction? No. Simple federal possession is a misdemeanor. There are a couple of members of this board who have been convicted of federal, misdemanor, possession charges. So I don't agree with part of Dr. Evil's response in that: 1) the federal sentencing guidelines do apply to misdemeanor possessions (it's just not the same section as the penalties for distribution); and 2) federal authorities don't just turn over simple possession cases to state authorities. I'm sure it does happen, but I can't say what the odds might be.

 

[Immortal Juicer]

NYC Defender,

Thanks for the great advice you have given. Where can we find more info about individual rights, and precautionary measures to help stay out of trouble?

As you can probably tell, I like to learn about the CJ system before I have to!

One more thing, how big of a factor is a statement in the DA's decision to press charges? If you invoke your right to counsel and do not give a statement to police, would the DA be less likely to prosecute because they have nothing to work with (other than evidence, of course) and your defense is still open to any explanation possible?

I know whatever explanation I came up with after being arrested by law enforcement would not be as good as my attorney's explanation after analyzing all the facts!

I remember hearing that the % of people that waive their right to counsel and talk to police is >%90 their first time being arrested, then drops to ~40%, then ~15% their 2nd and 3rd times

Thanks again.