Arrested over selling pills by mail

[candystryper]

My brother was arrested for 11351 and 11352. He stupidly sold his Oxycontin to somebody in New York from California. The guy he sold to was selling to in New York sold the pills to a DEA agent. The DEA agent found out they were getting the pills via mail and when he went to pick them up at the post office the next day he was arrested.for trafficking/or transporting 22 pills. Anything over 20 pills I found out in New York is intent to sell. Anyway a couple days later the DEA and local police knocked on my brothers door and did a search warrant and confiscated his computer and bank statements and 300.00 cash and 35 pills from his last prescription last month. They sited him with 11351 and 11352. The DEA told the local Police they were handing it over to them and left 20 minutes into the search warrant and he was sited locally not from the DEA.
Can the DEA add charges later?
Does anyone know what good scenario vs bad scenario here?
Is it good that the DEA let local police handle it?
Will he be able to get his things back?
He has never had a ticket, can he get diversion?
The prescription was his legally he didn't do anything to illegally obtain them. Does the doctor find out?
Any light you can shed would be great. He was a dumb ass here but this is a isolated incident, what can we expect?What is the name of your state (only U.S. law)?

 

[CdwJava]

Can the DEA add charges later?

Yes. It is doubtful that they WILL, but they can as they would file it in a federal court for federal violations.

Does anyone know what good scenario vs bad scenario here?

Good (for him) is that he can arrange a guilty plea that allows him to enter rehab and take probation. A bad scenario sees him go to prison.

Is it good that the DEA let local police handle it?

Only in that he stands a chance of rehab with state charges, not generally so with federal charges. But, if he is found guilty, the feds will have an easier case if they come back later.

Will he be able to get his things back?

Probably not.

He has never had a ticket, can he get diversion?

Only if they lower the charges. he'll need a good plea offer from the DA.

The prescription was his legally he didn't do anything to illegally obtain them. Does the doctor find out?

If someone tells him. As part of the investigation, they probably will contact the doctor to verify the prescriptions.

Any light you can shed would be great. He was a dumb ass here but this is a isolated incident, what can we expect?

'We" can expect to watch him struggle ... HE can expect to have a felony dope conviction on his record. If he is really lucky, he can get rehab and diversion ... if he is unlucky he can get state prison and then maybe a federal rap on top of it.

- Carl