joshualeneir
Junior Member
What is the name of your state? New York
My son has been arrested for the sale of a IMITATION CONTROLLED SUBSTANCE. They allegate that he sold to an undercover officer on 3 different occasions and received 2 felony charges and 1 misdemeanor per incident for a total of 6 felony and 3 misdemeanors. The charges are as follows: 1) 3 felonys of criminal nuisance in the first, violation of section 240.46, 2) 3 felonys of criminal sale of a controlled substance in the third, violation of section 220.39, 3) 3 misdemeanors of imit control subs-1st violation violation of section 3383. All charges are worded as follows: said substance was a white powder which he purported to be cocaine.
I have numerous questions, first being how can a white powder that is not cocaine, or a controlled substance of any kind for that matter (nor was this substance found to be harmful), be not only referred to as a controlled substance but also be classified as the same in regards to felony or misdemeanor charges?
I have spent some time researching an imitation controlled substance and have found that this purported cocaine substance has to fall under the following catagories: it must be said at time of sale that it is a controlled substance, it must look like a controlled substance and it must be within the same price range of the controlled substance. If this is true does it have to be all 3 of the previous descriptions, or is only 1 or 2 of the descriptions in one allegated sale sufficeint to charge a person or hold up in court? There seems to be a very large grey area where this is concerned and the way I see it, which I am well aware is not the way others may see it, is this is no place for a grey area. Should it not be cut and dry? The price range they are claiming for these allegated sales are as follows: 1) 6 grams of a white powder substance which was purported it would be cocaine for $100, 2) 4.5 grams of a white powder substance which was purported it would be cocaine for $100, 3) 2 grams of a white powder substance which was purported it would be cocaine for $100, in that order(all worded as "purported it would be cocaine, kind of like they were disappointed it was not huh?).
I have spoke with a couple of lawyers, of course none of which I can afford but will NOT GIVE UP, one of which stated she had not heard of charges like this or similar to in years. Is this true? We are in a small county, small town...nothing else needs to be added to that.
Do you know of similar cases? What is the status of the current phasing out of the Rockerfeller drug policys? Do these charges fall under any part of the drug law reform?
Any feedback at all will be appreciated and thank you.
My son has been arrested for the sale of a IMITATION CONTROLLED SUBSTANCE. They allegate that he sold to an undercover officer on 3 different occasions and received 2 felony charges and 1 misdemeanor per incident for a total of 6 felony and 3 misdemeanors. The charges are as follows: 1) 3 felonys of criminal nuisance in the first, violation of section 240.46, 2) 3 felonys of criminal sale of a controlled substance in the third, violation of section 220.39, 3) 3 misdemeanors of imit control subs-1st violation violation of section 3383. All charges are worded as follows: said substance was a white powder which he purported to be cocaine.
I have numerous questions, first being how can a white powder that is not cocaine, or a controlled substance of any kind for that matter (nor was this substance found to be harmful), be not only referred to as a controlled substance but also be classified as the same in regards to felony or misdemeanor charges?
I have spent some time researching an imitation controlled substance and have found that this purported cocaine substance has to fall under the following catagories: it must be said at time of sale that it is a controlled substance, it must look like a controlled substance and it must be within the same price range of the controlled substance. If this is true does it have to be all 3 of the previous descriptions, or is only 1 or 2 of the descriptions in one allegated sale sufficeint to charge a person or hold up in court? There seems to be a very large grey area where this is concerned and the way I see it, which I am well aware is not the way others may see it, is this is no place for a grey area. Should it not be cut and dry? The price range they are claiming for these allegated sales are as follows: 1) 6 grams of a white powder substance which was purported it would be cocaine for $100, 2) 4.5 grams of a white powder substance which was purported it would be cocaine for $100, 3) 2 grams of a white powder substance which was purported it would be cocaine for $100, in that order(all worded as "purported it would be cocaine, kind of like they were disappointed it was not huh?).
I have spoke with a couple of lawyers, of course none of which I can afford but will NOT GIVE UP, one of which stated she had not heard of charges like this or similar to in years. Is this true? We are in a small county, small town...nothing else needs to be added to that.
Do you know of similar cases? What is the status of the current phasing out of the Rockerfeller drug policys? Do these charges fall under any part of the drug law reform?
Any feedback at all will be appreciated and thank you.