Hey everyone! I need some legal advice! I got caught with 3.5 grams of methylone(bk-mdma) "molly" right before getting to Summer Camp Music Festival in Illinois. They stopped soo many people and let most of us continue on to the festival after getting processed. I live in New York so they said that I can call my DA and see if the case can be transferred to here. They said they are just going to charge me with possession and not intent to distribute. But i looked it up and thats still a felony. I've had a clean record until now, and I'm going to plead guilty. so does anyone know what type of punishment I am likely to receive? Will they just put me on probation for a year, or will I have to spend some time in jail? Thanks for reading! any advice or similar experiences would be much appreciated!
In my experience, it completely depends on the judge you get and if he is in a good or bad mood. first time offenses for possesion rarely get jail time....but it can.
it depends what was said, and the circumstances leading up to and surrounding your arrest. methylone was relatively recently made schedule I. I hope you never admitted to what it was, even after you knew you were going to jail anyway. In this situation its best to not say shit because then they have to prove that it is in fact the substance that they are charging you with possessing. don't admit to it being drugs period if you admit to it being a certain thing, even if it is later tested and determined not to contain that substance the charges can still stick. Even fake drugs are still considered to be the actual drugs if that's what they are intended to be claimed as. make them do all the work to make their case against you. i have no idea how they would test it, and if they would be able to readily identify methylone but it's possible that they could test it for MDMA and the most commonly encountered drugs and it show up negative for these and no further testing be done. they may test it by GC/MS and run the spectrum against a database of every known controlled substance however uncommon and in that case you'd be fucked but you should never admit to anything, or really give up any information at all to the police, or anyone involved in the investigation against you unless under the advice of a competent attorney. definitely consult with a lawyer, the best one you can afford and make sure that he is preparing the best possible defense for you and not trying to be lazy and just get you to take a plea without adequately researching the case as some court appointed attorneys will do. if you feel this is the case, hire a new different attorney, or request a new court appointed one. this is your constitutional right. if convicted, probation would most likely be recommended but it would probably be more than a year but it depends. there are other types of programs that can be requested that would probably be shorter. if you opt to serve out your time in jail and be done with it you would likely do a few months. you would still have a felony conviction on your record tho, and you would want to avoid that if at all possible.
pretty much. they will ask you what it is, and/or tell you they know what it is. "that looks like molly to me. c'mon man, that's molly isn't is?" they'll try and convince you that it's in your best interest not to deny it and just 'come clean', as if some leniency will be shown to you by doing so possibly
Lol cool. I'll be all hey I don't know what it is my friend have it to me and yep of she jumped off a bridge I'd jump too lol.
i'd just say i don't have any drugs and that i didn't know what it was and to go ahead and take me to jail if thats what has to happen if they tried to ask me if it looked like molly i'd say that i don't know if it looks like it or not cuz ive never seen molly before probably still be fucked when they tested it and shit but its still worth a shot cuz anything you say tell them is more evidence and it's better for you the less evidence that they have because a lawyer can get certain evidence thrown out or suppressed in certain circumstances but if you tell them you know what it is and that it's yours and shit it's a done deal.
I don't think I've ever heard of "Molly" where I live. If a policeman asked me that I'd say "who?" Cause it's like a girls name lol.
Im still stuck on the getting caught part. Dont you know you gotta hide that shit somewhere that they wont want to look. I guess having it right there in the open is ok if your gonna go with acek's defense but i would rather have it stuffed in the back of my wallet or i have this thin fanny pack thing that goes under your pants. Now that im thinking about it, that would be perfect for hiding small amounts of drugs.
I think a good hiding mechanism would be ear plugs. You hollow them out and then put your pills inside. If anything you'll look totally responsible for using ear protection and like no one is going to want to touch your "dirty" ear plugs.
I second this. Do what you can to not get a felony on your record. Much more important than avoidig a few weeks in jail
What colour is your skin? Unfortunately, that tends to play a rather large role in determining what your punishment will be.
Sad but true. My comment is, you dunnit, why deny it? In some cases if you are found guilty it's more chance of harsher punishment then if you admitted it before you make them work to prove it. I don't get why peeps decide knowingly to carry illegal drugs or commit crime then when caught plead Not guilty. That's like thinking you are above the rest and have special rights. No wonder we pay so much to deal with crime. You are now a cost on our wallets. Thank you. And sorry if I sound harsh myself but I have no time for peeps who blow their minds so we can deal with their court cases and then their medical or homeless issues later. Don't do the crime if you wont pay the time, is my motto.
Well they said if we cooperated and didn't try and make their job harder then they'd still let us go to the festival. So now they've got a video of me saying I bought what I at least thought was molly. I got finger printed and mug shotted but not taken to jail at all. Then a few days ago I got a letter in the mail saying their running my stuff through a lab to be tested and weighed and that then they will send me a charge with a set court date
If they have you on video admitting to buying this drug then the question isn't whether you're guilty or not, but what your punishment will be. Were you read your rights before you made this statement on video? A good attorney in a case like this will make all the difference. And get it transferred if you can. Otherwise you'll be traveling 800 miles maybe more than once just for a court appearance that could be continued.
Get a lawyer. Lawyer. Lawyer. Also, lawyer. Hope you kept your big trap shut and didn't say anything.