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  1. #1
    UnicornLogic is offline Junior Member
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    Jan 2006
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    Federal drug conspiracy, statute of limitations, and many other questions

    In California:

    Thanks in advance for any help on this...
    A friend of mine (we'll call him Joe) has a federal indictment (conspiracy to distribute meth). I'm a bit confused, and trying to get some basic info. He's currently in rehab, and doesn't have access to web or library, so I'm trying to get answers to some of his questions. Before I start on his questions, though, I need some answers myself. Thankfully I have no experience with cops, lawyers, judges or getting busted. Great for me, but makes my (self-appointed) job of helping him out a bit harder!

    He was served an indictment for conspiracy in July 05. The case involves a phone tap on a former business partners' phone (we'll call this guy Chris). Chris' phone was tapped for aprox.10 months, and there was something like 50,000 calls during this time period. If I remember right, about 16 or 18 of the phone calls had Joe discussing large transactions with Chris over the phone. STOOOOOPPPID BOYS! Anyhow, that's besides the point...

    I'm not sure, but I don't think that Joe has been charged with a crime yet. Does an idictment mean a charge? If not, what is the statute of limitations on this sort of thing? He has been in jail awaiting trial/pre-trial/plea agreement until a few weeks ago, when he was released on bail into a treatment program, where he will be for 3-6 months.

    If he successfully completes this program (he's adament about being done with his old ways, and seems sincere about his desire/intent to return to a "normal" life), how big of an affect will that have in the judges' eyes? He wants to go back to his white collar job ASAP, and I'm curious how big of an impact that will have on his sentencing, etc. The conspiracy charge carries a mandatory min. of 10 years. What are the chances that he is pled down to lesser charges?

    Unfortunately, he has one previous charge of possesion of paraphenelia, thus eliminating the chance for the "safety valve."

    He is also facing a state charge of possession with intent (busted with 5lbs. of crystal). This bust happened during the same time the alleged conspiracy was happening. Will the sentencing for both be able to be served at the same time?Or will he have to (if found guilty, of course) serve one sentence for the Federal charges, then afterwards serve time on the state case? What are the chances of the state case being thrown out because the alleged federal crime was at the same time? Is there anyone who can give me an idea of possible alternate charges (I believe phone charges have been discussed), and what the sentencing may be for those charges? If he is found guilty on the conspiracy charge with the ten year manditory, how much time will he actually serve? If I'm right, it used to be that a prisoner would serve 65% of the sentence, but that has changed. Will he serve 100% assuming he is on good behavior, completes this drug program, and continues with D&A education/information classes while incarcerated and perhaps after release?

    Like I said, I'm a little lost in all of this, and have no idea where to start looking. The internet is a phenomenal resource, but a bit overwhelming at times! This site seems like the most comprehensive (read: idiot friendly) site I've come across, so figured it was a good bet for me

    Thanks again for any help you have to offer, and I hope I've made my questions and all the pertinant info as clear as I can. Take care.
  2. #2
    smutlydog is offline Member
    Join Date
    Feb 2005
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    586
    Quote Originally Posted by UnicornLogic
    In California:

    Thanks in advance for any help on this...
    A friend of mine (we'll call him Joe) has a federal indictment (conspiracy to distribute meth). I'm a bit confused, and trying to get some basic info. He's currently in rehab, and doesn't have access to web or library, so I'm trying to get answers to some of his questions. Before I start on his questions, though, I need some answers myself. Thankfully I have no experience with cops, lawyers, judges or getting busted. Great for me, but makes my (self-appointed) job of helping him out a bit harder!

    He was served an indictment for conspiracy in July 05. The case involves a phone tap on a former business partners' phone (we'll call this guy Chris). Chris' phone was tapped for aprox.10 months, and there was something like 50,000 calls during this time period. If I remember right, about 16 or 18 of the phone calls had Joe discussing large transactions with Chris over the phone. STOOOOOPPPID BOYS! Anyhow, that's besides the point...

    I'm not sure, but I don't think that Joe has been charged with a crime yet. Does an idictment mean a charge? If not, what is the statute of limitations on this sort of thing? He has been in jail awaiting trial/pre-trial/plea agreement until a few weeks ago, when he was released on bail into a treatment program, where he will be for 3-6 months.

    If he successfully completes this program (he's adament about being done with his old ways, and seems sincere about his desire/intent to return to a "normal" life), how big of an affect will that have in the judges' eyes? He wants to go back to his white collar job ASAP, and I'm curious how big of an impact that will have on his sentencing, etc. The conspiracy charge carries a mandatory min. of 10 years. What are the chances that he is pled down to lesser charges?

    Unfortunately, he has one previous charge of possesion of paraphenelia, thus eliminating the chance for the "safety valve."

    He is also facing a state charge of possession with intent (busted with 5lbs. of crystal). This bust happened during the same time the alleged conspiracy was happening. Will the sentencing for both be able to be served at the same time?Or will he have to (if found guilty, of course) serve one sentence for the Federal charges, then afterwards serve time on the state case? What are the chances of the state case being thrown out because the alleged federal crime was at the same time? Is there anyone who can give me an idea of possible alternate charges (I believe phone charges have been discussed), and what the sentencing may be for those charges? If he is found guilty on the conspiracy charge with the ten year manditory, how much time will he actually serve? If I'm right, it used to be that a prisoner would serve 65% of the sentence, but that has changed. Will he serve 100% assuming he is on good behavior, completes this drug program, and continues with D&A education/information classes while incarcerated and perhaps after release?

    Like I said, I'm a little lost in all of this, and have no idea where to start looking. The internet is a phenomenal resource, but a bit overwhelming at times! This site seems like the most comprehensive (read: idiot friendly) site I've come across, so figured it was a good bet for me

    Thanks again for any help you have to offer, and I hope I've made my questions and all the pertinant info as clear as I can. Take care.
    Does an idictment mean a charge?
    it means they have enough on him to go foward with the prosecution.If you asking if he has been charged or not the answer is yes he has.

    what is the statute of limitations on this sort of thing?
    the clock stopped ticking once formal charges were brought against him

    how big of an affect will that have in the judges' eyes?
    none
    the judges hands are tied because of the mandatory minimums that are required
    What are the chances that he is pled down to lesser charges?
    Zero
    If he helps bust other people he will be out in 5-7 years
    He is also facing a state charge of possession with intent (busted with 5lbs. of crystal).
    the state will drop charges and the feds will pick up the case
    Add 10-20 years to his original sentence
    Will the sentencing for both be able to be served at the same time?Or will he have to (if found guilty, of course) serve one sentence for the Federal charges, then afterwards serve time on the state case?
    At the end of the day it will probably end up in federal court


    Will he serve 100% assuming he is on good behavior, completes this drug program, and continues with D&A education/information classes while incarcerated and perhaps after release?
    If he helps them bust others he could be out in about 10 years. the prosecuter have some discretion here but not much. He could very well be gone for 20 years

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