Silk Road forums

Discussion => Philosophy, Economics and Justice => Topic started by: barmanon on November 21, 2012, 10:10 pm

Title: Ask a lawyer (USA)
Post by: barmanon on November 21, 2012, 10:10 pm
So I'm trying this idea out that I've had for a while... not sure where this thread will go or how much interest there is, but I happen to be in a position to answer some legal questions in a very general sense (i.e., not specific to your state) for those who might have questions about legal myths, situations, etc.

If this is something that people are interested in doing, I worry that there will be too many questions for me to get to.  I expect I'd be able to log in to answer questions once or twice a week, and I plan to just pick through and answer a few questions at random (providing there are too many to answer them all).

First, I would urge every American citizen (or those who expect they may ever be in a position to assert an individual right in America) to watch these (clearnet) videos:

Don't talk to cops, part 1: http://www.youtube.com/watch?v=i8z7NC5sgik
Don't talk to cops, part 2: http://www.youtube.com/watch?v=08fZQWjDVKE&feature=relmfu

With all that said, I hope I can be of some help and potentially assist in dispelling some common myths surrounding drugs laws, search and seizure, etc.... Ask away...
Title: Re: Ask a lawyer (USA)
Post by: ttd on November 22, 2012, 01:17 am
I have a simple one I think. If I have a prescription for lets say Oxycontin, I have a right to possess those pills and can't be prosecuted.

How long does that protection last, does it ever expire? Do I now have a right to possess let's say, 90x40MG Oxycontin pills forever?

If I keep refilling that bottle nobody is ever going to know I ran out a long time ago, etc.
Title: Re: Ask a lawyer (USA)
Post by: Donny Donowitz on November 22, 2012, 01:43 am
I have a question:

A friend of mine might have impregnated a woman who was married to another man at the time. She broke up with her husband, then hooked up with another guy, who for some reason signed the birth certificate of the child. Does the father have any legal responsibility for the child?

Title: Re: Ask a lawyer (USA)
Post by: peek on November 22, 2012, 02:21 am
In the USA, I know its legal for companies to import generic versions of certain medications from India, if and only if they are licensed by the DEA. How legal is it for an individual to purchase medications from these companies either with, or without a prescription?
Title: Re: Ask a lawyer (USA)
Post by: barmanon on November 22, 2012, 06:30 am
I have a simple one I think. If I have a prescription for lets say Oxycontin, I have a right to possess those pills and can't be prosecuted.

How long does that protection last, does it ever expire? Do I now have a right to possess let's say, 90x40MG Oxycontin pills forever?

If I keep refilling that bottle nobody is ever going to know I ran out a long time ago, etc.

If you check your state's law, unlawful possession of oxycontin probably has a provision saying that it's legal to possess pursuant to a valid prescription.  So the short answer that the prescription will not last forever, but it may not have a bright line end to it.

For the most part however, it seems unlikely that anyone would take a second look at a bottle of prescription meds with pills in them.  You'd have to raise an awful lot of suspicion to have someone checking the date issued or number of refills or something.  At this point we're really just talking about proof - if you get caught purchasing them illegally, it wouldn't matter if you had a valid prescription or not, otherwise, it seems like you could always say you just never finished the original one, which arguably remains valid until you've finished it.  However, your local friendly district attorney is likely to take the view that you have a "reasonable amount of time" to finish your prescription or some other bullshit.
Title: Re: Ask a lawyer (USA)
Post by: Stormtrooper420 on November 22, 2012, 06:58 am
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?
Title: Re: Ask a lawyer (USA)
Post by: sniper123 on November 23, 2012, 07:20 am
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?

Jail.
Jail if they are lucky. In certain states you would be looking at prison.
Title: Re: Ask a lawyer (USA)
Post by: Novartis on November 23, 2012, 07:42 am
Cool a lawyer thread, I always liked these classes in college... I got one for ya regarding HIPPA laws and patient privacy/rights

Say 911 is called to someone's residence because someone is "freaking out" eg. panic attack (medical condition) on LSD etc.... once the paramedics have arrived and the person is deemed a "patient" shouldn't law enforcement have no right into the "patient's" confidential medical information (which is everything surrounding their condition during this situation). All this assuming there are no illegal substances left in the residence.

It seems to me, and from my experience, that police have no right to enforce anything due to patient privacy laws - someone can be high on meth freaking out and the cops be in their house but once the medics arrive (in California) it seems as if the police usually just cut the person loose and don't even cite them - maybe this is county specific?

What do you think - could a person sue the police for infringing on their patient confidentiality by arresting them after calling 911 and being treated for a medical emergency?

Thanks for being here - very much appreciate a good lawyer in company
Title: Re: Ask a lawyer (USA)
Post by: sniper123 on November 23, 2012, 08:25 am
Cool a lawyer thread, I always liked these classes in college... I got one for ya regarding HIPPA laws and patient privacy/rights

Say 911 is called to someone's residence because someone is "freaking out" eg. panic attack (medical condition) on LSD etc.... once the paramedics have arrived and the person is deemed a "patient" shouldn't law enforcement have no right into the "patient's" confidential medical information (which is everything surrounding their condition during this situation). All this assuming there are no illegal substances left in the residence.

It seems to me, and from my experience, that police have no right to enforce anything due to patient privacy laws - someone can be high on meth freaking out and the cops be in their house but once the medics arrive (in California) it seems as if the police usually just cut the person loose and don't even cite them - maybe this is county specific?

What do you think - could a person sue the police for infringing on their patient confidentiality by arresting them after calling 911 and being treated for a medical emergency?

Thanks for being here - very much appreciate a good lawyer in company
As long as the individual doesn't harm them self, or anyone else, doesn't admit that they are on a substance, or allows a urine sample, or blood sample at the hospital. The person will be fine when it comes to the law. As long as they claim they were having an anxiety attack and doesn't admit to doing anything illegal. It will remain protected by HIPPA.

If a substance is found on person, in persons blood, or in their urine. In some states this can violate HIPPA and by law the medical professional are required to turn over this evidence to law enforcement.
Title: Re: Ask a lawyer (USA)
Post by: jorg796 on November 23, 2012, 08:47 am
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?

Jail.

Definitely jail. Depending on where you live, you could even be done for trafficking.
Police & prosecutors seem to think that anyone who has a larger quantity of drugs than what is needed for a couple of days, you're selling too.
It only makes sense to buy larger quantities if you have the cash, because buying bulk means you get a discount and you don't have to be visiting your dealer or receiving mail every other day.

If I were you, I would leave perhaps 2 grams in your house for personal use and find a safe spot outside of the house to store the remainder.
It may be inconvenient, but it's better than ending up in jail!
Title: Re: Ask a lawyer (USA)
Post by: sniper123 on November 23, 2012, 08:54 am
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?

Jail.

Definitely jail. Depending on where you live, you could even be done for trafficking.
Police & prosecutors seem to think that anyone who has a larger quantity of drugs than what is needed for a couple of days, you're selling too.
It only makes sense to buy larger quantities if you have the cash, because buying bulk means you get a discount and you don't have to be visiting your dealer or receiving mail every other day.

If I were you, I would leave perhaps 2 grams in your house for personal use and find a safe spot outside of the house to store the remainder.
It may be inconvenient, but it's better than ending up in jail!
Yeah, it would be a good idea to look up what the regulations in your local law say about quantity. Some states are specific up to a certain amount becomes intent to distribute and then an additional amount becoming trafficking. Also, scales and extra baggies in some states escalates the charge.
Title: Re: Ask a lawyer (USA)
Post by: Novartis on November 23, 2012, 09:00 am
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?

Jail.

Definitely jail. Depending on where you live, you could even be done for trafficking.
Police & prosecutors seem to think that anyone who has a larger quantity of drugs than what is needed for a couple of days, you're selling too.
It only makes sense to buy larger quantities if you have the cash, because buying bulk means you get a discount and you don't have to be visiting your dealer or receiving mail every other day.

If I were you, I would leave perhaps 2 grams in your house for personal use and find a safe spot outside of the house to store the remainder.
It may be inconvenient, but it's better than ending up in jail!
Yeah, it would be a good idea to look up what the regulations in your local law say about quantity. Some states are specific up to a certain amount becomes intent to distribute and then an additional amount becoming trafficking. Also, scales and extra baggies in some states escalates the charge.

around here, you're not going to get your house raided unless you're fucking around with pedo shit on your comp OR selling massive amount of drugs (usually IRL with informants). The pedo stuff is what you will get busted for - they can see each and every single person looking at child porn. and IMO, I hope swat fucks those pedo peeps up.
Title: Re: Ask a lawyer (USA)
Post by: Dread on November 24, 2012, 09:57 pm
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?

Jail.

Definitely jail. Depending on where you live, you could even be done for trafficking.
Police & prosecutors seem to think that anyone who has a larger quantity of drugs than what is needed for a couple of days, you're selling too.
It only makes sense to buy larger quantities if you have the cash, because buying bulk means you get a discount and you don't have to be visiting your dealer or receiving mail every other day.

If I were you, I would leave perhaps 2 grams in your house for personal use and find a safe spot outside of the house to store the remainder.
It may be inconvenient, but it's better than ending up in jail!
Yeah, it would be a good idea to look up what the regulations in your local law say about quantity. Some states are specific up to a certain amount becomes intent to distribute and then an additional amount becoming trafficking. Also, scales and extra baggies in some states escalates the charge.

around here, you're not going to get your house raided unless you're fucking around with pedo shit on your comp OR selling massive amount of drugs (usually IRL with informants). The pedo stuff is what you will get busted for - they can see each and every single person looking at child porn. and IMO, I hope swat fucks those pedo peeps up.
If this were true then it's likely they would be able to see the real identities of everybody buying drugs on websites like this as well. Sites for both of these things are on the same network, if for some reason they could see peoples unprotected data (other than FBI run exit nodes or the like) as it's sent to websites on Tor then they would be able to do the same for any other type of site on the network too they wouldn't just use it as a secret weapon against pedos. But who knows, maybe they do have such technology and they're just waiting to bust all of us at once.
Title: Re: Ask a lawyer (USA)
Post by: painbow on November 25, 2012, 12:00 am
My question is simple.

Could this be enough "evidence" to charge someone of crime in US?

Evidence: A package containing small amount of illegal substance mailed to your address under your name and history of Tor usage at home.
Title: Re: Ask a lawyer (USA)
Post by: ZenAndTheArt on November 25, 2012, 01:05 am
I'd be interested to know exactly which offenses the owner of Silk Road would be tried for under American law?

Because, although Silk Road facilitates the international trafficking of drugs, the owner doesn't physically get involved with it. Although he does profit from the sales.
I'm interested in the specific laws he'd be tried under.
Title: Re: Ask a lawyer (USA)
Post by: BlarghRawr on November 25, 2012, 02:11 am
I'd be interested to know exactly which offenses the owner of Silk Road would be tried for under American law?

Because, although Silk Road facilitates the international trafficking of drugs, the owner doesn't physically get involved with it. Although he does profit from the sales.
I'm interested in the specific laws he'd be tried under.
I want to see this answered as well.
Title: Re: Ask a lawyer (USA)
Post by: Jill Stein on November 25, 2012, 03:56 am
here are my questions:

1)  are you employed?

2)  what is your drug of choice?
Title: Re: Ask a lawyer (USA)
Post by: jorg796 on November 25, 2012, 04:49 am
I'd be interested to know exactly which offenses the owner of Silk Road would be tried for under American law?

Because, although Silk Road facilitates the international trafficking of drugs, the owner doesn't physically get involved with it. Although he does profit from the sales.
I'm interested in the specific laws he'd be tried under.

Dealing in the proceeds of crime, accepting money from drug profits, money laundering...

That's my best guess anyway. Although there would be additional charges. Prosecutors would probably try and get him for drug trafficking
Title: Re: Ask a lawyer (USA)
Post by: Novartis on November 25, 2012, 05:26 am
Cool a lawyer thread, I always liked these classes in college... I got one for ya regarding HIPPA laws and patient privacy/rights

Say 911 is called to someone's residence because someone is "freaking out" eg. panic attack (medical condition) on LSD etc.... once the paramedics have arrived and the person is deemed a "patient" shouldn't law enforcement have no right into the "patient's" confidential medical information (which is everything surrounding their condition during this situation). All this assuming there are no illegal substances left in the residence.

It seems to me, and from my experience, that police have no right to enforce anything due to patient privacy laws - someone can be high on meth freaking out and the cops be in their house but once the medics arrive (in California) it seems as if the police usually just cut the person loose and don't even cite them - maybe this is county specific?

What do you think - could a person sue the police for infringing on their patient confidentiality by arresting them after calling 911 and being treated for a medical emergency?

Thanks for being here - very much appreciate a good lawyer in company
As long as the individual doesn't harm them self, or anyone else, doesn't admit that they are on a substance, or allows a urine sample, or blood sample at the hospital. The person will be fine when it comes to the law. As long as they claim they were having an anxiety attack and doesn't admit to doing anything illegal. It will remain protected by HIPPA.

If a substance is found on person, in persons blood, or in their urine. In some states this can violate HIPPA and by law the medical professional are required to turn over this evidence to law enforcement.


ah fantastic.. well not really.
Very much appreciate your advice, THANK YOU!


...and on certain locations we have enough ************* to completely destroy our computers if our video surveillance and security systmes pick up any sign of police. like we've said before, we go above and beyond when it comes to multiple locations, computers, people, storage locations, and more
Title: Re: Ask a lawyer (USA)
Post by: LEGACY on November 26, 2012, 11:50 pm
I'd be interested to know exactly which offenses the owner of Silk Road would be tried for under American law?

Because, although Silk Road facilitates the international trafficking of drugs, the owner doesn't physically get involved with it. Although he does profit from the sales.
I'm interested in the specific laws he'd be tried under.

If you really want to understand what's actually going on and how it's possible for other living entities to exert force to imprison another living entity then duckduckgo Retired Judge Dale THE great american adventure. Read the 5th part. The problem gents is that we believe it's the living entity being "charged". The only way a fictitious entity can CONTRACT with a LIVING BEING is....... wait for it.....
through their consent.

Sorry my good friend the lawyer. Hope you can help everyone here out a bit. Though I can't see myself granting my own live personal jurisdiction straight through a lawyer and then immediately to the court ever ever again. I hope some day bro you can truly know what the system you support is.
Title: Re: Ask a lawyer (USA)
Post by: middleBiggy on November 26, 2012, 11:52 pm
Is there any language a vendor can put on her page that evokes any responsibility for government agents to  identify themselves?  Would anything change if we had a "confirm you are not an agent" button to go through?

I realize the naivete of my question and understand it wouldn't serve as a preemptive but what value might it have in a courtroom? At least it establishes the agents as liars.

Thanks :)
Title: Re: Ask a lawyer (USA)
Post by: rmsher on November 27, 2012, 12:18 am

Scenario - I will be making a purchase soon on SR but i cannot have it sent to my house so i will be sending it to a friends house (with them knowing of course)

My question - If something were to happen that involved the package being discovered and the LE coming into play would my friend be able to pretend like he did not know the package was intended for him? basically ruling him out of any wrong doing? keep in mind that the purchase will be done on my end, on my computer, in my home, with no evidence of any sort that would lead LE to pin the contents of the package to my friend.

as soon as he receives the package he will be writing "return to sender" on it for the first few days.

PLEASE answer back ASAP as i would like to know how to approach this.  :)
Title: Re: Ask a lawyer (USA)
Post by: SelfSovereignty on November 27, 2012, 01:19 am

Scenario - I will be making a purchase soon on SR but i cannot have it sent to my house so i will be sending it to a friends house (with them knowing of course)

My question - If something were to happen that involved the package being discovered and the LE coming into play would my friend be able to pretend like he did not know the package was intended for him? basically ruling him out of any wrong doing? keep in mind that the purchase will be done on my end, on my computer, in my home, with no evidence of any sort that would lead LE to pin the contents of the package to my friend.

as soon as he receives the package he will be writing "return to sender" on it for the first few days.

PLEASE answer back ASAP as i would like to know how to approach this.  :)

In the interests of ASAP (someone else can get detailed or contradict me later): no, that offers him very little protection (if any).  Anybody can be charged with just about anything, really -- the only thing stopping them are law suits for wrongful arrest/prosecution, or disciplinary demotion or something like that.  They don't just let good guys go if they really didn't seem to know.  Ignorance is not a defense.  It can certainly change the actual crime you're being charged with, but I think that's the extent of it.

Your friend is taking a big risk for you by doing this.  In a controlled delivery, he's the one they'll get -- not you.  The "return to sender," thing is only really a last-ditch effort to get out of the charges by making it harder for them to prove you had foreknowledge of the delivery and intended to receive the package.  Will that work?  Maybe.  Maybe not.  Depends on the judge and whether you take it to trial or not.  But either way, it's going to cost a fortune and be a lot of pain and misery for whoever receives the package, I'd wager.

It doesn't really matter what computer the purchase was made from.  They have no way of knowing that anyway -- what they'll know is a package containing drugs is addressed to your friend's residence.
Title: Re: Ask a lawyer (USA)
Post by: rmsher on November 27, 2012, 01:36 am

Scenario - I will be making a purchase soon on SR but i cannot have it sent to my house so i will be sending it to a friends house (with them knowing of course)

My question - If something were to happen that involved the package being discovered and the LE coming into play would my friend be able to pretend like he did not know the package was intended for him? basically ruling him out of any wrong doing? keep in mind that the purchase will be done on my end, on my computer, in my home, with no evidence of any sort that would lead LE to pin the contents of the package to my friend.

as soon as he receives the package he will be writing "return to sender" on it for the first few days.

PLEASE answer back ASAP as i would like to know how to approach this.  :)

In the interests of ASAP (someone else can get detailed or contradict me later): no, that offers him very little protection (if any).  Anybody can be charged with just about anything, really -- the only thing stopping them are law suits for wrongful arrest/prosecution, or disciplinary demotion or something like that.  They don't just let good guys go if they really didn't seem to know.  Ignorance is not a defense.  It can certainly change the actual crime you're being charged with, but I think that's the extent of it.

Your friend is taking a big risk for you by doing this.  In a controlled delivery, he's the one they'll get -- not you.  The "return to sender," thing is only really a last-ditch effort to get out of the charges by making it harder for them to prove you had foreknowledge of the delivery and intended to receive the package.  Will that work?  Maybe.  Maybe not.  Depends on the judge and whether you take it to trial or not.  But either way, it's going to cost a fortune and be a lot of pain and misery for whoever receives the package, I'd wager.

It doesn't really matter what computer the purchase was made from.  They have no way of knowing that anyway -- what they'll know is a package containing drugs is addressed to your friend's residence.

thanks for your insight. should i be paranoid when it comes to ordering bud from domestic vendors in the US? I'm looking to order in the QP/HP range.
Title: Re: Ask a lawyer (USA)
Post by: BlarghRawr on November 27, 2012, 01:47 am

Scenario - I will be making a purchase soon on SR but i cannot have it sent to my house so i will be sending it to a friends house (with them knowing of course)

My question - If something were to happen that involved the package being discovered and the LE coming into play would my friend be able to pretend like he did not know the package was intended for him? basically ruling him out of any wrong doing? keep in mind that the purchase will be done on my end, on my computer, in my home, with no evidence of any sort that would lead LE to pin the contents of the package to my friend.

as soon as he receives the package he will be writing "return to sender" on it for the first few days.

PLEASE answer back ASAP as i would like to know how to approach this.  :)

In the interests of ASAP (someone else can get detailed or contradict me later): no, that offers him very little protection (if any).  Anybody can be charged with just about anything, really -- the only thing stopping them are law suits for wrongful arrest/prosecution, or disciplinary demotion or something like that.  They don't just let good guys go if they really didn't seem to know.  Ignorance is not a defense.  It can certainly change the actual crime you're being charged with, but I think that's the extent of it.

Your friend is taking a big risk for you by doing this.  In a controlled delivery, he's the one they'll get -- not you.  The "return to sender," thing is only really a last-ditch effort to get out of the charges by making it harder for them to prove you had foreknowledge of the delivery and intended to receive the package.  Will that work?  Maybe.  Maybe not.  Depends on the judge and whether you take it to trial or not.  But either way, it's going to cost a fortune and be a lot of pain and misery for whoever receives the package, I'd wager.

It doesn't really matter what computer the purchase was made from.  They have no way of knowing that anyway -- what they'll know is a package containing drugs is addressed to your friend's residence.

thanks for your insight. should i be paranoid when it comes to ordering bud from domestic vendors in the US? I'm looking to order in the QP/HP range.
Yes, if you are ordering that much at a time, you should always be paranoid.
Title: Re: Ask a lawyer (USA)
Post by: SelfSovereignty on November 27, 2012, 02:03 am
Yeah, I second the paranoia recommendation.  I don't enjoy weed, personally, so honestly I don't even know how big a lump a half pound really is... but I'd be really, REALLY careful about only ordering from a vendor who has really good reviews for large quantities.  Remember, you're at more risk than the seller the way we do things here.  Find somebody who either cares about their clients, or who understands that clients who get arrested do not come back to pay you more money (i.e. the most profits come from ensuring the safety of your buyers).
Title: Re: Ask a lawyer (USA)
Post by: sunny1 on November 27, 2012, 02:42 am
Having something delivered to your home is not a crime unless they can show you knew what it was and were involved. Otherwise, your enemy could mail drugs to you and tip off the cops and they would bust you.

Read the thread by the employee of usps. It states that unless the person signs for the package they can't even execute a search warrant. Signing does not prove you ordered it either but it is evidence which the jury could consider. I would not even take the package in right away, let it sit and cool a while. If someone comes asking questions, hand the package over and say you know nothing about it. Opening it and lying about it is evidence of guilty knowledge.
Title: Re: Ask a lawyer (USA)
Post by: LEGACY on November 27, 2012, 04:18 am
I know you guys are real about being paranoid.I'm no different. But if everything is clean inside and out... expect it to always be there and all to be fine.

If things go array, remember, they must have your consent to snag you. The first and ultimately fatal mistake is to give them your name.
Title: Re: Ask a lawyer (USA)
Post by: ilovesrdrugs on November 28, 2012, 07:01 am
How long until you can be sure "your package is safe"

For example lets say I check my mail and I received 10 Grams of MDMA, I put return to sender on it and toss it somewhere to "return it"

How long until I would be in the clear and not have to worry about being watched? 2 hours? 2 days? 2 weeks?

Also, isn't under 30 grams always considered personal?
Title: Re: Ask a lawyer (USA)
Post by: ZenAndTheArt on November 28, 2012, 09:50 pm
I'd be interested to know exactly which offenses the owner of Silk Road would be tried for under American law?

Because, although Silk Road facilitates the international trafficking of drugs, the owner doesn't physically get involved with it. Although he does profit from the sales.
I'm interested in the specific laws he'd be tried under.

Dealing in the proceeds of crime, accepting money from drug profits, money laundering...

That's my best guess anyway. Although there would be additional charges. Prosecutors would probably try and get him for drug trafficking

Maybe I should have been more clear... Are there any laws relating to the on-line anonymous market aspects of Silk Road?

I'm sure he's breaking a few laws with regards to money laundering, profiting from crime, maybe even tax dodging of on-line business (some items are legal on the Road after all!). But 'money crimes' aside, do any laws exist that specifically cover running an on-line blackmarket? Or, are all the aspects of running such an on-line enterprise already covered by the more traditional 'money law'?
Title: Re: Ask a lawyer (USA)
Post by: jorg796 on November 29, 2012, 12:04 am
How long until you can be sure "your package is safe"

For example lets say I check my mail and I received 10 Grams of MDMA, I put return to sender on it and toss it somewhere to "return it"

How long until I would be in the clear and not have to worry about being watched? 2 hours? 2 days? 2 weeks?

Also, isn't under 30 grams always considered personal?

I don't know where you live, but I very much doubt 30g would be personal use. That's about the limit for marijuana. 30g MDMA = about 300 pills. 300 pills wouldn't be classified as personal use. Get caught with that and you're most likely fucked and going to prison.
Title: Re: Ask a lawyer (USA)
Post by: SelfSovereignty on November 29, 2012, 07:35 am
How long until you can be sure "your package is safe"

For example lets say I check my mail and I received 10 Grams of MDMA, I put return to sender on it and toss it somewhere to "return it"

How long until I would be in the clear and not have to worry about being watched? 2 hours? 2 days? 2 weeks?

Also, isn't under 30 grams always considered personal?

I don't know where you live, but I very much doubt 30g would be personal use. That's about the limit for marijuana. 30g MDMA = about 300 pills. 300 pills wouldn't be classified as personal use. Get caught with that and you're most likely fucked and going to prison.

Of course MDMA is a little different, but with meth at least in my neck of the woods, 30g means you're getting charged with major trafficking and are fucked.  I think anything at an ounce or more is major trafficker, and my memory is that the sentence is 15/25 to life imprisonment (first offense/repeat).

That's with the cut, by the way, I believe.  As in you could have super shitty meth that's really only 7g methamphetamine, and not only would your seller have screwed you, the legal system will then further screw you just for getting duped.

I cannot substantiate these claims with specific instances, but I believe this to be accurate.  Though I never really say anything specific like this without believing it to be accurate... which isn't to say I'm never wrong, of course.  Maybe I should stop wasting time doing giving the strength of my faith in the information like that... nobody seems to hear that part and just remembers me saying shit that was wrong.  Oh well, whatever.  If I'm wrong, I'm wrong.

Anyway, yeah.  30g is nowhere near personal.  Personal, to the law seems to be enough for a day or two.  By the way, I think you're responsible for the taxes on illegal profits as well as on legal ones.  In other words, DPR owes the government a few million.  Which they'd just confiscate as illegally obtained anyway  :)
Title: Re: Ask a lawyer (USA)
Post by: sniper123 on November 29, 2012, 07:41 pm
How long until you can be sure "your package is safe"

For example lets say I check my mail and I received 10 Grams of MDMA, I put return to sender on it and toss it somewhere to "return it"

How long until I would be in the clear and not have to worry about being watched? 2 hours? 2 days? 2 weeks?

Also, isn't under 30 grams always considered personal?

I don't know where you live, but I very much doubt 30g would be personal use. That's about the limit for marijuana. 30g MDMA = about 300 pills. 300 pills wouldn't be classified as personal use. Get caught with that and you're most likely fucked and going to prison.

Of course MDMA is a little different, but with meth at least in my neck of the woods, 30g means you're getting charged with major trafficking and are fucked.  I think anything at an ounce or more is major trafficker, and my memory is that the sentence is 15/25 to life imprisonment (first offense/repeat).

That's with the cut, by the way, I believe.  As in you could have super shitty meth that's really only 7g methamphetamine, and not only would your seller have screwed you, the legal system will then further screw you just for getting duped.

I cannot substantiate these claims with specific instances, but I believe this to be accurate.  Though I never really say anything specific like this without believing it to be accurate... which isn't to say I'm never wrong, of course.  Maybe I should stop wasting time doing giving the strength of my faith in the information like that... nobody seems to hear that part and just remembers me saying shit that was wrong.  Oh well, whatever.  If I'm wrong, I'm wrong.

Anyway, yeah.  30g is nowhere near personal.  Personal, to the law seems to be enough for a day or two.  By the way, I think you're responsible for the taxes on illegal profits as well as on legal ones.  In other words, DPR owes the government a few million.  Which they'd just confiscate as illegally obtained anyway  :)
Very good points. I wouldn't be surprised if they tried to slap you with manufacturing if they happened to find a large quantity of meth, and something as simple as few bottles of acetone. I hope in the future we see decriminalization on all substances, but I'll continue to day dream.
Title: Re: Ask a lawyer (USA)
Post by: jorg796 on November 30, 2012, 03:59 am
How long until you can be sure "your package is safe"

For example lets say I check my mail and I received 10 Grams of MDMA, I put return to sender on it and toss it somewhere to "return it"

How long until I would be in the clear and not have to worry about being watched? 2 hours? 2 days? 2 weeks?

Also, isn't under 30 grams always considered personal?

I don't know where you live, but I very much doubt 30g would be personal use. That's about the limit for marijuana. 30g MDMA = about 300 pills. 300 pills wouldn't be classified as personal use. Get caught with that and you're most likely fucked and going to prison.

Of course MDMA is a little different, but with meth at least in my neck of the woods, 30g means you're getting charged with major trafficking and are fucked.  I think anything at an ounce or more is major trafficker, and my memory is that the sentence is 15/25 to life imprisonment (first offense/repeat).

That's with the cut, by the way, I believe.  As in you could have super shitty meth that's really only 7g methamphetamine, and not only would your seller have screwed you, the legal system will then further screw you just for getting duped.

I cannot substantiate these claims with specific instances, but I believe this to be accurate.  Though I never really say anything specific like this without believing it to be accurate... which isn't to say I'm never wrong, of course.  Maybe I should stop wasting time doing giving the strength of my faith in the information like that... nobody seems to hear that part and just remembers me saying shit that was wrong.  Oh well, whatever.  If I'm wrong, I'm wrong.

Anyway, yeah.  30g is nowhere near personal.  Personal, to the law seems to be enough for a day or two.  By the way, I think you're responsible for the taxes on illegal profits as well as on legal ones.  In other words, DPR owes the government a few million.  Which they'd just confiscate as illegally obtained anyway  :)
Very good points. I wouldn't be surprised if they tried to slap you with manufacturing if they happened to find a large quantity of meth, and something as simple as few bottles of acetone. I hope in the future we see decriminalization on all substances, but I'll continue to day dream.

Decriminalising makes perfect sense. It benefits everyone and prison population would decline drastically.
Unfortunately Governments around the world don't have common sense, so I doubt drugs will be decriminalised in the next decade :-(
Title: Re: Ask a lawyer (USA)
Post by: HassleHoff on November 30, 2012, 05:20 am
I would like to ask , what are the limits (if any) on police entrapment of drug buyers in the US. For instance Ive heard that LE cant sell a buyer real drugs - without keeping control of those drugs and immediately trying to arrest the buyer. If for example somebody buys drugs here on SR repeatedly from the same seller and receives real drugs , and nobody shows up to arrest him, can this be taken as an assurance that the seller is not LE? 
Title: Re: Ask a lawyer (USA)
Post by: jorg796 on November 30, 2012, 08:17 am
I would like to ask , what are the limits (if any) on police entrapment of drug buyers in the US. For instance Ive heard that LE cant sell a buyer real drugs - without keeping control of those drugs and immediately trying to arrest the buyer. If for example somebody buys drugs here on SR repeatedly from the same seller and receives real drugs , and nobody shows up to arrest him, can this be taken as an assurance that the seller is not LE?

I very much doubt any type of law enforcement would actually send out drugs, or even send out anything.
If law enforcement made a SR vendor account, they would most likely put up cheap samples and get hundreds of people's addresses and names, etc and work from there.
I still think it's unlikely though... They should be solving real crime anyway, not chasing drug users who cause no harm!
Title: Re: Ask a lawyer (USA)
Post by: pharmer_pete on December 01, 2012, 06:20 am
How legal is it for an individual to purchase medications from these companies either with, or without a prescription?

^   I wonder about this too... importing meds that are not part of the Controlled Substances Act,but nevertheless without a script.  I suspect this could be problematic especially if you order more than a 90-day supply. But plenty of SR buyers have shown that Customs approves these packages and USPS delivers them.  Maybe customs never sees them?  I think if your meds do not show up in the CSA, then you've probably broken a law but not in a way that anyone is going to expend a lot of resources on enforcing.  I am guessing here.

If you have a prescription, then I suspect you are home free.  Big Government doesn't like it, because the Big Pharma lobbyists tell them to not like it. It eats into profits. But I don't think you're in violation of anything, especially if customs lets it in.

I stand to be corrected on this.  It's a valid question, since many SR members are buying/importing non-CSA meds.
Title: Re: Ask a lawyer (USA)
Post by: barmanon on December 01, 2012, 08:13 am
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?

Jail.

Definitely jail. Depending on where you live, you could even be done for trafficking.
Police & prosecutors seem to think that anyone who has a larger quantity of drugs than what is needed for a couple of days, you're selling too.
It only makes sense to buy larger quantities if you have the cash, because buying bulk means you get a discount and you don't have to be visiting your dealer or receiving mail every other day.

If I were you, I would leave perhaps 2 grams in your house for personal use and find a safe spot outside of the house to store the remainder.
It may be inconvenient, but it's better than ending up in jail!

Probationary sentence and jail can sometimes go together.  For drug delivery charges, most people face a term of prison (usually 1+ year sentence).  Some people who are facing this great exposure can get "probationary treatment" and serve 30-90 days in jail w/ 3+ years of probation, etc.  It's always difficult to guess what sentence a person can receive because each situation is so different, and there are so many ways to serve a sentence or take advantage of jail programs.

You can probably be sure that on a first offense, prison is unlikely, but anywhere from 10-180 days could be likely.  Watch out for mandatory minimums, and talk to a lawyer!
Title: Re: Ask a lawyer (USA)
Post by: barmanon on December 01, 2012, 08:26 am
My question is simple.

Could this be enough "evidence" to charge someone of crime in US?

Evidence: A package containing small amount of illegal substance mailed to your address under your name and history of Tor usage at home.

Probably no.  Though, because all you're asking is whether it's enough to charge someone, as LE gets more desperate to take down drugs-by-mail, one brave officer may think he's got probable cause, but it seems to me any lawyer worth his salt would have a heyday with that one.

At some point, they're going to need to prove you actually placed the order/caused it to be mailed, or mailed the contraband yourself, so if along with this history of Tor use there were SR bookmarks, and other records that are also gathered, I'm thinking that's when you're getting to PC to arrest/charge a crime.
Title: Re: Ask a lawyer (USA)
Post by: barmanon on December 01, 2012, 08:48 am
here are my questions:

1)  are you employed?

2)  what is your drug of choice?
1. yes
2. marijuana
Title: Re: Ask a lawyer (USA)
Post by: barmanon on December 01, 2012, 08:55 am
How long until you can be sure "your package is safe"

For example lets say I check my mail and I received 10 Grams of MDMA, I put return to sender on it and toss it somewhere to "return it"

How long until I would be in the clear and not have to worry about being watched? 2 hours? 2 days? 2 weeks?

Also, isn't under 30 grams always considered personal?

The correct answer is after the statute of limitations has run.

In reality, if you didn't sign for it, and you've got it in your house undisturbed, you are most likely okay.  Especially if you're just ordering personal use amounts, it would seem unlikely that a long-term sting would be conducted, so I'd probably be more cautious if I was getting weight through the mail, because then they might want to count packages for a while if they're monitoring you.

Re: under 30 grams being personal use -- no way.  you're likely to incur at least some aggravating factors or other sentencing enhancement for like 5+g of mdma. 
Title: Re: Ask a lawyer (USA)
Post by: paxous on December 31, 2012, 06:25 pm
If someone were to have their house raided and have less than 2 ounces of MDMA and got busted with possession and intent to sell, as well as possession, with no criminal history, is this person likely to go to jail or would they be more likely to get probation since its a first offense?

Jail.
Jail if they are lucky. In certain states you would be looking at prison.

x2

in pakistan if you get caught with 1gr of weed you are killed!!!
(NOT SURE IF PAKISTAN OR OTHER OF THOSE CONTRYS)
Title: Re: Ask a lawyer (USA)
Post by: Novartis on January 01, 2013, 07:10 am
How long until you can be sure "your package is safe"

For example lets say I check my mail and I received 10 Grams of MDMA, I put return to sender on it and toss it somewhere to "return it"

How long until I would be in the clear and not have to worry about being watched? 2 hours? 2 days? 2 weeks?

Also, isn't under 30 grams always considered personal?

The correct answer is after the statute of limitations has run.

In reality, if you didn't sign for it, and you've got it in your house undisturbed, you are most likely okay.  Especially if you're just ordering personal use amounts, it would seem unlikely that a long-term sting would be conducted, so I'd probably be more cautious if I was getting weight through the mail, because then they might want to count packages for a while if they're monitoring you.

Re: under 30 grams being personal use -- no way.  you're likely to incur at least some aggravating factors or other sentencing enhancement for like 5+g of mdma.

I'm not sure of the details with law regarding the home, but if ANYTHING is in your car, they can seize the entire car. Even if it's your buddy in the back with a half packed bong. not cool man, had it happen to a POS I was driving 20+ years ago........... just for a little weed. fucking ridiculous.
Title: Re: Ask a lawyer (USA)
Post by: DrugChargeDefender on January 01, 2013, 07:35 pm
barmanon,
1. Have you taken Professional Responsibility, and
2. If so, have you passed the bar?

Let the big boys handle the questions....
Title: Re: Ask a lawyer (USA)
Post by: Novartis on January 05, 2013, 10:03 am
I have a member in desperate need of legal advice regarding an incompetent doctor who essentially killed and seriously harmed a few patients but due to her vast amount of legal resources is still practicing medicine. only a matter of time before someone else dies because of her.

This person needs to be brought down before more lives are lost.

Any help, from ANYONE is appreciated. And if you have an SR Vendor page, make a listing and we will pay for results.

All we have is full name, work address and work phone/fax

We need current living address, and hopefully SS#, DOB, email, and RATs on her comps.

Thanks, and if this is illegal, then why is it she can falsify patient care reports to take the heat off herself when she is responsible for the deaths of multiple children/infants but has the legal resources to defend her license??
Title: Re: Ask a lawyer (USA)
Post by: warmkitty on January 05, 2013, 12:39 pm
Is it legal to take gun parts on an aircraft in the usa , specifically not the frame.