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The truth please need lawyer advice

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C

cilla

Guest
What is the name of your state? Louisiana

My boyfriend had sold 5 sheets of acid to a "friend" who we trusted. The friend came and dropped off the money a few days before he came back to get the acid. Well my boyfriend gets in the car with him, passes him the acid, the friend puts it in his pocket, and gets out of the car. The boyfriend is thrown on ground and arressted and charged with possession and distribution of 500 dosages of lsd. The "friend" had his house raided earlier that day and was charged with posession of black tar opium which carries the same weight as heroin. The police said if you want to save yourself you better rat on someone. So he told them he was going to go meet his acid dealer and came down here and had the state police follow him. Before the friend left from his house in Baton Rouge after he got raided he went to his girlfriends house to and got her car. I'm wondering if they had time to plant camera's in the car or tap him before he came out here, or if it's going to be his word against my boyfriends. And if this is the case, should my boyfriend plead guilty? Or could he use the fact that the guy got raided earlier that day went to his girlfriends picked up some drugs and than set up my boyfriend and lied about him to get himself out of trouble? BECAUSE MY BIGGEST THING IS IF THERE WAS NO TAP AND THERE WAS NO CAMERAS.. MY BOYFRIEND DIDNT HAVE DRUGS ON HIM WHEN HE WAS PULLED OUT OF THE CAR THE GUY WHO SET HIM UP DID.... AND THERE WAS NO MONEY EXCHANGED.

Could someone please let me know the the maximum and minimum penalty for possession and distribution of 500 dosages of lsd. Also if there is any lawyers that you all would recommend and anyway to get out of it. It's his first offense.

Thanks so much,
Cilla
 


N

nhunsb1

Guest
Really???? I thought your boyfriend had nothing to do with the 5 sheets of LSD.....
 
C

cilla

Guest
He was worried that telling the truth would get him in more trouble. He didn't trust having the truth be on a forum like this. He thought that people might be able to use it against him in court. So now that the truth is finally out.. is there any advice that you all can give me. Like if theres a clause where a lawyer could say possibly that the drugs were planted if they were no cameras or microphones? Or something else? Anything? Or any really good lawyers preferbly who have delt with this situation in my state. I've tried to do all the research I can possibly do on the net about lsd and penalities but I haven't found much. I also haven't been able to find many lawyers experienced with cases that involve lsd, exspecially in this state. I had a friend who said that he thought that sentence was 5 years, but if you got a good lawyer you can get it reduced to a felony with probation or a really good lawyer can even get it reduced to a misdermenor. So please if you have any help. Please help me..... He was just scared that this could be used against him in a court of law, so at first he didn't want to tell the truth... plus he wasn't sure rather or not the guy really set him up until recently so he didn't know if he could of gotten away by the fact that it wasn't in his posession in the time, and not in the car lying somewhere but in the other guys pocket.

Please any advice would be helpful.. Louisiana is still under napolienic law so please if you know anything about this help.
 

JETX

Senior Member
Cilla, in your first thread on this subject, you told a different version:
"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?"
https://forum.freeadvice.com/showthread.php?threadid=137133

So, are we to assume that THIS version is at least more likely correct, or is just another 'spin' on the real facts??

Lets assume that this 'version' is more accurate:
"I'm wondering if they had time to plant camera's in the car or tap him before he came out here, or if it's going to be his word against my boyfriends."
*** It will likely be the word of a LOT of officers and the 'friend'. The police probably do have audio or video (or both) of the transfer. Though having it would be better, it is likely not needed. After all, they have the other parties statement of the 'deal', his having NO 'product' when he arrived (the police DID search him) and the obvious fact that your (soon to be ex) boyfriend delivered the 'product' (evidenced by the other party now HAVING the 'product'.

"And if this is the case, should my boyfriend plead guilty?"
*** I think that his 'pleading guilty' will be pretty obvious considering the evidence against him.

"Or could he use the fact that the guy got raided earlier that day went to his girlfriends picked up some drugs and than set up my boyfriend and lied about him to get himself out of trouble?"
*** What lies? What drugs did the 'guy' pick up?? Your post pretty much tells it all.... your boyfriend was paid for LSD, then made delivery. When it was delivered, he got popped. Sounds pretty solid to me.

"BECAUSE MY BIGGEST THING IS IF THERE WAS NO TAP AND THERE WAS NO CAMERAS.. MY BOYFRIEND DIDNT HAVE DRUGS ON HIM WHEN HE WAS PULLED OUT OF THE CAR THE GUY WHO SET HIM UP DID.... AND THERE WAS NO MONEY EXCHANGED."
*** Get your head out of the sand. Your own post clearly shows that he was selling LSD. He is toast.

As for punishment, Louisiana describes LSD as being a Schedule IC drug (it is not classed as a narcotic drug).
From LS RS §40:966:
"Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana
A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
(1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance or controlled substance analogue classified in Schedule I;
<snip>

B. Penalties for violation of Subsection A. Any person who violates Subsection A with respect to:
<snip>
(2) Except as otherwise provided in Paragraph (3) of this Subsection, any other controlled dangerous substance classified in Schedule I, shall upon conviction be sentenced to a term of imprisonment at hard labor for not less than five years nor more than thirty years, at least five years of which shall be served without benefit of parole, probation, or suspension of sentence, and pay a fine of not more than fifty thousand dollars."
Source: http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=40&section=966

With any luck, you will be a much older and wiser person when (if) you see this person again.
 
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nowpastdue

Guest
I am NOT an attorney.

From all appearances, it seems your boyfriend is history.

Here is a thought. What deal has he been offered to roll on his supplier?

If he really wants to make the most of his predicament, have him go to the feds. They will set him up and use him, probably the state charges will go away.

Then one day he just won't come home and everybody's problem will be over.
 

JETX

Senior Member
No. Due to the fact that most prison inmates are male, all felony crimes are now referred to in the male gender.... so it would be a Mythter!
And quit making fun of my lithp.
 
S

Skaggydog

Guest
Sounds like you'll be in need of a new boyfriend. Do you like bikes?
 
T

Theodore Bundy

Guest
If there really is nobody else to confirm that your boyfriend passed the drugs to this guy that set him up then a decent lawyer should be able to cast a lot of doubt into the jurors' minds. Basically, it would amount to this other junky's word against the word of your junky boyfriend. Who does the jury believe, junky A who's setting someone else up to save his own ass or junky B who claims he didn't have any drugs. I'd say there's about a 50% chance they'd acquit.
 
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nowpastdue

Guest
I am NOT an attorney.

#1 Louisiana operates under the Napoleonic Code, very much different from the other states. Basically it is,
you're guilty , prove you're not.

#2 The boyfriend was caught red handed in a buy-bust under continuous police surveillance. They have all the evidence they need.

#3 Unless your boyfriend takes my previous advice and has something to offer, part of his future address will include the word Angola. And he doesn't want to be there.
 
I could not pay what was need to go to court so

they froze my account in ca, I had to spent half of my assets (luckly the bank had mistakenly not frozen the account the first time so I withdrew most of it in cash) to prove I that I could not buy food, In the end I won the battle but got poorer, Now I have to wait till they MAKE me go ( they front all costs),
The poorer I get, the more fines they add with threats. Now my fight is limited with toll free calls for now.
 

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