Charged with possession and distribution of 5 sheets of lsd.. without possession

What is the name of your state? Louisiana

My boyfriend was charged with posession and distribution of lsd when he got into a friends car.... his friend stopped by and had 5 sheets of lsd in his pocket... my boyfriend was the passenger in the car.. got out of the car.. and got thrown down on the ground searched...

they found nothing except 150.00 and they ended up stealing that so on the report their is no money at all.

how can he get charged with posession and distribution when the lsd was in the drivers pocket and not his?


I am trying to understand this.

First of all think of the scenario from another perspective… Two guys in a car with a large amount of LSD and a decent amount of cash on them as well. It is probably safe to assume that they aren’t going to take all 500 hits of acid, thus leaving the conclusion that they (or at the very least the driver) had every intention of selling LSD. In addition (at least) one of the people in the car was carrying quite a bit of money; which would lead the police to believe that the sale of drugs had occurred. So it is a very reasonable assumption that the driver and passenger in the car were working as a team to sell the drugs.

but my boyfriend the passenger without the drugs, had only 150.00 and they took that.. so that's no money even on the slip when put in jail.

150.00 doesn't show that your selling drugs or buying drugs, and the other guy i don't know what he had on him except 5 sheets of acid in his pocket....

he might of had alot of money, or none, no clue.

but why would my boyfriend get in trouble for that? it's not his car, if it was his car I'd understand under crackhouse laws, and if it was just sitting in the car I'd understand cause they wouldn't know who it belonged 2, but it was in the other guys pocket.

My response:

"Uh, Cilla - - can you get me, uh, a peanut butter and pickle sandwich - - and slap some banana and mayonnaise on it too.

Thank you, momma baby."

Elvis has left the building . . .

I’m going to start with a few questions for you…

#1 how old are you and your boyfriend?

#2 why did the police stop your boyfriend’s friend?

#3 Do you and your boyfriend use drugs? (How do you know your boyfriend does/does not?)

#4 Have you seen the actual police report?

#5 Is walking around with $2,500 (or more) worth of drugs is normal behavior to you?


Now to answer your questions… It doesn’t matter if your boyfriend had the drugs or not he was with someone in possession of 500 separate doses of LSD (100 ‘hits’ per sheet), he had an unusual amount of money on his person. Why would your boyfriend get in trouble for that? Probably because any police officer in their right mind would see that the two people in the car were working as a team to sell the drugs.

This is not a case of your innocent boyfriend being in the wrong place at the wrong time. Someone in possession of 5 Sheets of LSD is into drugs fairly heavily and all their friends would know. Your boyfriend knew that his friend had drugs, and if he didn’t know that he had the drugs on him, he knew that there was a certain risk that this person would have drugs.

Cilla:
Since none of us were there at the time, and we have no opportunity to review the police report with the facts, we can't answer your questions.

Your B/F will get the opportunity to raise all those issues at his trial.

cilla said:

they found nothing except 150.00 and they ended up stealing that so on the report their is no money at all.

Click to expand...

The money was probably taken as evidence or seized for forfeiture.

Cilla

You are going by what your boyfriend told you, and it may well be all true. If it is, he can address each issue in court. But, I think that there is more to it than simply what you are saying or what you know about. Why do I say that? I don't know...I have absolutely no basis in fact, I just have that feeling. But, in answer to "how can they charge him with poss/dist", well, simply put, very easily...they are cops. If these charges are wholly bogus, the DA will likely not pursue it. If I were you, I would PERSONALLY read the police report if I could.

I’m going to start with a few questions for you…

#1 how old are you and your boyfriend?
I'm 21 my boyfriends 19
#2 why did the police stop your boyfriend’s friend?
Not sure, not sure if we'll ever really know, it was state police we think they followed him.
#3 Do you and your boyfriend use drugs? (How do you know your boyfriend does/does not?) use to be occasionally but not anymore

#4 Have you seen the actual police report? no

#5 Is walking around with $2,500 (or more) worth of drugs is normal behavior to you? no, he had no drugs on him at all, im not sure if it is normal behavior for his friend or not. his friend deals drugs.

Well then....

At 19 and 21 you should know that there are certain risks associated with hanging out with drug dealers. One major risk is being accused of being a drug dealer yourself.

If the police were following your boyfriend then they have a decent amount of evidence on him. Police don't follow people just for the fun of it; they need some well founded suspicion.

Again how do you know he doesn't do drugs? Do you sit with him 24 hours a day, does he have weekly drug tests, does he tell you? There are many people in this world that do drugs but don't want certain people to know about it. Fortunately for them these people are usually very trusting and don't mind if they go out with their 'boys' sometimes.

If you haven't seen the police report you don't know the entire story. You don't know why they were stopped, you don't know if they had just sold to an undercover officer, you don't know why the money was confiscated. There are a lot of holes in the story that can't be filled with assumptions or incomplete stories.

I can tell you that walking around with 5 sheets of acid is not normal behavior for a drug dealer (that knows what he is doing) unless he had just bought or was on his way to sell drugs. Drug dealers regularly interact with people who just can't be trusted. If something happened to them (they were robbed, got into an accident, pulled over, ect) they would be screwed.

Please understand that from my view the story doesn't make sense. I've lived that life, and know how easy it is to make someone believe a story (mostly because they don't want to see the bad in people they love). I know that sometimes people are just in the wrong place at the wrong time, but this story just doesn't add up.

Jesus why does everyone not read what I say or understand it?

They never followed my boyfriend. They followed this guy that was suppose to be our friend who I'm not sure is our friend considering he got Aaron *my boyfriend* in trouble.


This is what happened as far as Aaron *my boyfriend* knows. He got picked up by Cheetah *the guy* and they were going to go hang out go get something to eat etc... Well When Aaron got out of the car to go inside Erics house to tell Eric that he was leaving *ERIC IS JUST A FRIEND OF OURS HAS NOTHING TO DO WITH THIS SITUATION AT ALL* The cops threw him on the ground and handcuffed him.

They asked where he came from he said erics house.. so they raided erics house didn't find anything cause there was nothing to find. Cause Eric's just a friend of ours and a good kid etc...

Well after they didnt find anything they took my boyfriend *Aaron* to jail and charged him with posession and distribution of 500 dosages of lsd. My boyfriend didn't even have the lsd on him it was on Cheetah the guy that he was with... but he got charged with that...


That's what I don't understand about it.. I'm not sure how or what.....

I read a bunch of cases some what like this with other drugs.. and if the drug is in the car and not in any ones personal belongings or in their clothes usually they charge both people with the charge....

and I found one case where a driver had heroin on them and ran form the cops the passenger had nothing on them and their was nothing in the car.. but got charged with posession of heroin once they caught the driver.

so both driver and passenger got the same drug charge, and passenger got it thrown out in court.

I'm wondering if this is the same scenerio or not?

Maybe you could try explaining things a little better when you post. Also your explanations paint two completely different pictures so pick one and try again.

you need more than 150.00 to buy 5 sheets lsd

Huh, I'm still tripping over your post man.

signed,
Jesus

To prove possession, the prosecution has to show that he possessed or contructively possessed the LSD. Constructive possession is when a person doesn't necessarily have the drugs on him but has dominion and control over them. If the LSD was in the driver's pocket, and the car belonged to the driver, and they have no evidence, circumstantial or otherwise, that he knew what was in the other guy's pocket and had the ability to control it, I don't see how they can prove possession. It is for the jury to decide.