help me please? We only have 9 days to decide!!! desperate!!!

[joshandme20]

What is the name of your state? North Dakota

Help me please, my fiance is being charged with conspiracy to posess and distribute a controlled substance.
A few months ago he was approached by 2 DEA agents and asked a bunch of questions to help with a case. He used to be a heavy meth user and had since cleaned up his act, so he had nothing to hide. He spoke with the agents and answered every question they asked. He was told that they were after the "big dogs" and nothing he said would be used against him.

Now months later he is being charged. All the court has on him is his "talk" with the agents- which they said that it wouldn't be used against him. He was arrested with nothing on him, but a small amt of marijuana and a bowl/pipe. This wasn't included in his charge nor was it reported. There are many things that just do not add up in this case, such as...

-He was never read his miranda rights at the time of his arrest,

-everytime he spat out some numbers and date he guessed believing it wouldn't be used against him in court and the agents always went with the highest number he said,

-there is no documented proof that this "talk" involving specific date, times, and amts. is accurate-he just ballpark figured it.

(-there are many others, but this would get too long!)

Anyway they are giving him until April 29th to take a plea bargain of 3-4 years. If he doesn't take the plea bargain he may face up to 10 years! They cannot prove that he was dealing, there is no evidence, just his word against whatever the DEA agents and the guy who ratted out a bunch of names including his says. He is innocent and his lawyer(court appointed) is treating him as if he was guilty and not even fighting for him. He is my whole life and the thought of him not being around for 4yrs scares me to death!-esp. cause I know he is innocent! He didn't have any meth on him or near him for that matter-Is this fair? Can they do this? Should he take the plea bargain or fight this in court? We don't know what to do and there isn't much time! Doesn't it matter that he voluntarily cooperated with the agents-no one forced him? We also feel that the agents and the "dealer" may have had a grudge or something against him. Does the punishment fit the so-called crime?!? The only thing he is guilty of is being a heavy user in the past-He has been clean for nearly 3 years!- sorry this is so long, I've never done this before - I need any advice out there PLEASE!!!!- Lacie

 

[smutlydog]

What is the name of your state? North Dakota

Help me please, my fiance is being charged with conspiracy to posess and distribute a controlled substance.
A few months ago he was approached by 2 DEA agents and asked a bunch of questions to help with a case. He used to be a heavy meth user and had since cleaned up his act, so he had nothing to hide. He spoke with the agents and answered every question they asked. He was told that they were after the "big dogs" and nothing he said would be used against him.

Now months later he is being charged. All the court has on him is his "talk" with the agents- which they said that it wouldn't be used against him. He was arrested with nothing on him, but a small amt of marijuana and a bowl/pipe. This wasn't included in his charge nor was it reported. There are many things that just do not add up in this case, such as...

-He was never read his miranda rights at the time of his arrest,

-everytime he spat out some numbers and date he guessed believing it wouldn't be used against him in court and the agents always went with the highest number he said,

-there is no documented proof that this "talk" involving specific date, times, and amts. is accurate-he just ballpark figured it.

(-there are many others, but this would get too long!)

Anyway they are giving him until April 29th to take a plea bargain of 3-4 years. If he doesn't take the plea bargain he may face up to 10 years! They cannot prove that he was dealing, there is no evidence, just his word against whatever the DEA agents and the guy who ratted out a bunch of names including his says. He is innocent and his lawyer(court appointed) is treating him as if he was guilty and not even fighting for him. He is my whole life and the thought of him not being around for 4yrs scares me to death!-esp. cause I know he is innocent! He didn't have any meth on him or near him for that matter-Is this fair? Can they do this? Should he take the plea bargain or fight this in court? We don't know what to do and there isn't much time! Doesn't it matter that he voluntarily cooperated with the agents-no one forced him? We also feel that the agents and the "dealer" may have had a grudge or something against him. Does the punishment fit the so-called crime?!? The only thing he is guilty of is being a heavy user in the past-He has been clean for nearly 3 years!- sorry this is so long, I've never done this before - I need any advice out there PLEASE!!!!- Lacie

It doesn't sound like your getting the entire story from your fiance.

"A few months ago he was approached by 2 DEA agents and asked a bunch of questions to help with a case."

It sounds like they already had evidence when they approached him.Why would he answer questions if he wasn't in any trouble?The DEA wouldn't screw up their own investigation by blowing their cover unless they already had evidence.Maybe I am wrong but it doesn't sound right.

And he should have had it in writing through an attorney what he would get in return for his testimoney. Now they can use what he said against him.

"there is no evidence, just his word against whatever the DEA agents and the guy who ratted out a bunch of names including his says."

To be indicted on federal drug conspiracy charges no physical evidence is needed.I think they just need 2 people that have been busted to say the exact same thing about him.


" The only thing he is guilty of is being a heavy user in the past-He has been clean for nearly 3 years!"

It's common for the feds to go back in time and bust someone for what they once did.

"Does the punishment fit the so-called crime?!?"
In my opinion no.I think that someday Americans will look back at the way addicts were treated in the same way we now look at the way witches were once treated. I know your boyfreind was involved in something big(DEA agents investigating) but I have a feeling his addiction is what led him to that.

"Anyway they are giving him until April 29th to take a plea bargain of 3-4 years. "
After looking at the discovery if he thinks they have the dirt on him he probably should plead guilty. Otherwise 10 years of his life will almost surely be gone.Keep in mind that the burdon of proof is much lowerer in federal court than state court.

He will probably go to a federal prison with no bars and have it much better than people sitting in state prisons.The worst part will be that may have to wait up to a year to be transferred from the county jail to the federal prison.

 

[seniorjudge]

What is the name of your state? North Dakota

Help me please, my fiance is being charged with conspiracy to posess and distribute a controlled substance.
A few months ago he was approached by 2 DEA agents and asked a bunch of questions to help with a case. He used to be a heavy meth user and had since cleaned up his act, so he had nothing to hide. He spoke with the agents and answered every question they asked. He was told that they were after the "big dogs" and nothing he said would be used against him.

Now months later he is being charged. All the court has on him is his "talk" with the agents- which they said that it wouldn't be used against him. He was arrested with nothing on him, but a small amt of marijuana and a bowl/pipe. This wasn't included in his charge nor was it reported. There are many things that just do not add up in this case, such as...

-He was never read his miranda rights at the time of his arrest,

-everytime he spat out some numbers and date he guessed believing it wouldn't be used against him in court and the agents always went with the highest number he said,

-there is no documented proof that this "talk" involving specific date, times, and amts. is accurate-he just ballpark figured it.

(-there are many others, but this would get too long!)

Anyway they are giving him until April 29th to take a plea bargain of 3-4 years. If he doesn't take the plea bargain he may face up to 10 years! They cannot prove that he was dealing, there is no evidence, just his word against whatever the DEA agents and the guy who ratted out a bunch of names including his says. He is innocent and his lawyer(court appointed) is treating him as if he was guilty and not even fighting for him. He is my whole life and the thought of him not being around for 4yrs scares me to death!-esp. cause I know he is innocent! He didn't have any meth on him or near him for that matter-Is this fair? Can they do this? Should he take the plea bargain or fight this in court? We don't know what to do and there isn't much time! Doesn't it matter that he voluntarily cooperated with the agents-no one forced him? We also feel that the agents and the "dealer" may have had a grudge or something against him. Does the punishment fit the so-called crime?!? The only thing he is guilty of is being a heavy user in the past-He has been clean for nearly 3 years!- sorry this is so long, I've never done this before - I need any advice out there PLEASE!!!!- Lacie

US attorneys will not file a case unless it is air tight. (Your federal public defender knows this and has tried to tell you this.) So, it looks like your friend has this choice (1) 3-4 years with a guilty plea, or (B) up to 10 years with a trial.

I suspect you do not know all of the facts.

 

[Bravo8]

He was arrested with nothing on him, but a small amt of marijuana and a bowl/pipe.

Per dictionary.com:

noth·ing ( P ) Pronunciation Key (nthng)

pron.
No thing; not anything: The box contained nothing. I've heard nothing about it.
No part; no portion: Nothing remains of the old house but the cellar hole.
One of no consequence, significance, or interest: The new nonsmoking policy is nothing to me.

n.
Something that has no existence.
Something that has no quantitative value; zero: a score of two to nothing.
One that has no substance or importance; a nonentity: “A nothing is a dreadful thing to hold onto” (Edna O'Brien).

adj.
Insignificant or worthless: “the utterly nothing role of a wealthy suitor” (Bosley Crowther).

adv.
In no way or degree; not at all: She looks nothing like her sister.



Perhaps you should review your use of the word "nothing".

 

[omgplzthx]

Maybe she just meant "nothing" specific to the charges he is facing or the things being presented to him in court like she said right after that.

3 to 5 years in jail is still the last thing you want to do, but I don't know if another 5 or 7 would be worth the risk of getting off when these guys potentially have a lot of testimony that would control the case. If you don't want to give up you should hire a new lawyer or something if yours isn't trying to help you and then get an extension of the court date if that is possible.

 

[Bravo8]

Maybe she just meant "nothing" specific to the charges he is facing or the things being presented to him in court like she said right after that.

Yeah, I realize that, but I just found it amusing that she said "nothing", then went on to detail that he was found in possession of a controlled substance. That, coupled with the fact that "he used to be a heavy meth user and had since cleaned up his act", yet was found with dope on him, just made me laugh. It's amazing how some people rationalize their behavior.

 

[seniorjudge]

...He was arrested with nothing on him, but a small amt of marijuana and a bowl/pipe....

An old farmer in my area when out to look for his bull one morning and, he reported, "I looked for him in the pasture and there he was...gone."

 

[thomas111]

in federal courts the burden of proof is much lower, like someone pointed out earlier here. basically, its a case of proving LOGICALLY that someone has done something rather than having proof beyond a reasonable doubt.

It sounds awkward that you would be looking for "LOOPHOLES" in the legal system while remaining confident that he did nothing. Don't you believe in the consistency of the legal system?

The Omnibus Crime Control Act (Title 18 U.S.C.A. sec. 3501):

"In any criminal prosecution [in federal court] a confession...shall be admissible in evidence if it is voluntarily given...but the trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession..."

 

[seniorjudge]

in federal courts the burden of proof is much lower, like someone pointed out earlier here. basically, its a case of proving LOGICALLY that someone has done something rather than having proof beyond a reasonable doubt.

This statement is 100% false.

 

[nanaII]

I didn't see anything about him having been arrested or officially charged, yet you said he has a court-appointed attorney. Has he been arrested and/or offically charged? If so, under what statute is he being charged?

One thing he has to keep in mind also, is that with federal time, you do 85% of your sentence, and that there is no federal parole.

This is why I've said time and again on this site not to cooperate. It WILL backfire.

 

[smutlydog]

in federal courts the burden of proof is much lower, like someone pointed out earlier here. basically, its a case of proving LOGICALLY that someone has done something rather than having proof beyond a reasonable doubt.

It sounds awkward that you would be looking for "LOOPHOLES" in the legal system while remaining confident that he did nothing. Don't you believe in the consistency of the legal system?

The Omnibus Crime Control Act (Title 18 U.S.C.A. sec. 3501):

"In any criminal prosecution [in federal court] a confession...shall be admissible in evidence if it is voluntarily given...but the trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession..."

Federal judges seem to have a much narrower interpretation of the constitution. This is probably because they don't have to answer to the voters.

I just don't see how a drug conspiracy is enough for a conviction. After all the evidence is based on the testimony of 2 or more individuals that are in deep sh#%.I am told that even in China it is impossible to be convicted on a conspiracy .

The prosecution can say that the 2 stories match but what if they both agreed ahead of time before they were busted what they would say and who they would say it about.

I suspect some innocent people are in federal prisons right now convicted on this kind of evidence.

 

[panzertanker]

Federal judges seem to have a much narrower interpretation of the constitution. This is probably because they don't have to answer to the voters.

I just don't see how a drug conspiracy is enough for a conviction. After all the evidence is based on the testimony of 2 or more individuals that are in deep sh#%.I am told that even in China it is impossible to be convicted on a conspiracy .

The prosecution can say that the 2 stories match but what if they both agreed ahead of time before they were busted what they would say and who they would say it about.

I suspect some innocent people are in federal prisons right now convicted on this kind of evidence.

Um...smutlydog, are you IN FAVOR of drug use??

In my opinion no. I think that someday Americans will look back at the way addicts were treated in the same way we now look at the way witches were once treated. I know your boyfreind was involved in something big(DEA agents investigating) but I have a feeling his addiction is what led him to that.

You really don't believe the crap you just wrote, do you?

 

[smutlydog]

Um...smutlydog, are you IN FAVOR of drug use??



You really don't believe the crap you just wrote, do you?

No I am not in favor of drug use but I am against the drug war. In Texas people convicted of aggravated robbery are getting probation because the prison system is filled with non violent drug offenders. If we get all these addicts in clinics where they can use drugs in a controlled environment the criminal drug trade along with the cartels in Columbia will collapse.

It works a lot like alcohol. Ten percent of the drinkers (addicts) provide 90% of the profits for the industry.

 

[panzertanker]

No I am not in favor of drug use but I am against the drug war. In Texas people convicted of aggravated robbery are getting probation because the prison system is filled with non violent drug offenders. If we get all these addicts in clinics where they can use drugs in a controlled environment the criminal drug trade along with the cartels in Columbia will collapse.

It works a lot like alcohol. Ten percent of the drinkers (addicts) provide 90% of the profits for the industry.

Ok, you had me worried there for a minute.
1. I wish I lived in TX, you guys have a 3 judge panel that hears all capital murder appeals so as to reduce the time from conviction till final appeal to just 7 years!!!
2. Unfortunately, if you read the data, it is a proven fact that drug abuse escalates to other criminal action. Meaning, they might not be criminals now, but statistically they WILL be.
3. I definitely advocate a different approach to the "war on drugs", however, I do not think a complete legalization of all drugs is a wise choice. There are too many drugs that are ABSOLUTELY too dangerous; even under "controlled" situations such as clinics.
4. The problem with the situation you have described is that the morons that are making the decisions on sentencing don't have a clue. I do not see a problem with prisons, other than there are not enough of them! Build more, make the prisoners work, and have them come mow my lawn, dammit! As tax payers we are owed a return on our investment. No one rides for free. I pay for your "3 hots and a cot", and you clean my roadways, mow my lawn, paint the buildings...you get the idea.

The problem is that some people in our society think people are able to be rehabilitated. I know differently through working with addicts. Sure, there are a few that possess the ability to be rehabilitated, but the VAST majority do not. I don't subscribe to the "feel good society" school of thought that states we should feel pity for the poor people who broke the law. I say, "You broke the law, now pay the price". Imagine how you would feel if you were a victim of a crime.....forgiveness CAN be possible, but accountability for one's actions is still a necessity in our society....

 

[smutlydog]

Ok, you had me worried there for a minute.
1. I wish I lived in TX, you guys have a 3 judge panel that hears all capital murder appeals so as to reduce the time from conviction till final appeal to just 7 years!!!
2. Unfortunately, if you read the data, it is a proven fact that drug abuse escalates to other criminal action. Meaning, they might not be criminals now, but statistically they WILL be.
3. I definitely advocate a different approach to the "war on drugs", however, I do not think a complete legalization of all drugs is a wise choice. There are too many drugs that are ABSOLUTELY too dangerous; even under "controlled" situations such as clinics.
4. The problem with the situation you have described is that the morons that are making the decisions on sentencing don't have a clue. I do not see a problem with prisons, other than there are not enough of them! Build more, make the prisoners work, and have them come mow my lawn, dammit! As tax payers we are owed a return on our investment. No one rides for free. I pay for your "3 hots and a cot", and you clean my roadways, mow my lawn, paint the buildings...you get the idea.

The problem is that some people in our society think people are able to be rehabilitated. I know differently through working with addicts. Sure, there are a few that possess the ability to be rehabilitated, but the VAST majority do not. I don't subscribe to the "feel good society" school of thought that states we should feel pity for the poor people who broke the law. I say, "You broke the law, now pay the price". Imagine how you would feel if you were a victim of a crime.....forgiveness CAN be possible, but accountability for one's actions is still a necessity in our society....

"There are too many drugs that are ABSOLUTELY too dangerous; even under "controlled" situations such as clinics."
In this instance you show some concern for addicts
I certainly wouldn't loose any sleep if all the addicts were somewhere away from the rest of us doing their drugs.

Some domestic problems are associated with drugs but the real danger is addicts that need money for more drugs. Can you imagine how dangerous the streets would be if beer was $50.00 a six pack? It wouldn't be safe to leave your front door.


"I do not see a problem with prisons, other than there are not enough of them!"
Here you show disgust
In Texas that is what they have been doing and now are realizing that these prisons are breeding grounds for more criminal activity. Some people choose prison over probation because they actually like it there.

"I definitely advocate a different approach to the "war on drugs", however, I do not think a complete legalization of all drugs is a wise choice."
It doesn't have to be a choice between drug legalization and more prisons. Why can’t an addict just go to a doctor for help? The doctor can make a determination if the individual is indeed an addict and then direct him or her to a clinic.

The weekend warriors and our children will have a harder time finding drugs on the streets because drug profits will take a nose dive.