• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possession w/intent (I set myself up?)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mcrandy

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? California

This is a long story :)
I need to explain how this happened. First myself and my girlfriend whom I have lived with for 24 years moved to a rural road outside small town in small county of California about 1 year and 3 months ago. We have lived in this area for 10 years and I own a small business downtown. About 7 years ago my girlfriend was injured and disks in her back were damaged. After a length of time she ended up on the highest pain medication available : Oxcycontin. She also is Schzizo Effective and is on Ability (a anti Psychotic), Ambien (sleeping pill), Diazepan (Valium- tranquilizer) and Hydrocodiene (pain pill a break through medicine used with Oxycontin).
I do In-Home Supportive Services for her and also am her Payee by the government for her SSI income. Up until one year ago I kept all her medication in a small floor safe in our house. I would dispense her dailey dose of medication from the safe. At that time I came home one night and discovered the safe missing. After questioning my girlfriend she tells me that a couple she had befriended had been at the house earlier that day. I report burglary to the Sherriffs and tell them I think that the safe was targeted because my girlfriends Oxcycontin was what they took the safe for and since I do not know these people I could only give them little information about them. About 2 months later we come home late and I find that someone has kicked in the back door of house and my girlfriends bedroom door ( we have seperate rooms....u know 24 years together.....) nothing else in house is touched and lots of items worth money for burglars not touched. I report break in to Sherriffs and tell them I suspect that the perp is looking for her pain pills...Oxcycontin. A month later 2 windows of my car are broken and car gone through I can't notice anything taken and do not file this breakin.
A few days after this I have a youngster aprox 22 years old or so come to my store and tell me that a known meth dealer was at my house. I leave store and kid asks if I want him to ride with me and I agree. We arrive at my house and both exit vehicle and he is going to back door to make sure no one comes out of the house and I enter the front door and search house for about 2 minutes....no one but girlfriend so I come outside and see the kid that came with me standing in driveway near car. We both get in car and go back to store and kid leaves. When I had got in car I had put my camera bag in back seat and that is where I kept all my girlfriends prescription drugs since the safe was stolen. I get bag and go into store and notice bag doesn't look right. I check and discover that all 4 bottles of pills are missing and so I go back out to car and open passenger door and discover that 3 of the bottles are between passenger seat and door. The bottle missing is the Oxcycontin Pills. Realizing that I'm stupid and the kid stole the prescription I call up Sherriffs and report theft and give them his name and cell phone number. I do not know anything else about him as he is not a friend to me. 2 days later same kid gets caught beating up another youth and taking his prescription drugs. I call sherriffs and tell them the guy that took medication from my car is in their jail. They come to house and show mug shot I confirm and they say they will go talk tough to him to see if he will confess. He doesn't but I hear through other kids that he is bragging he told the cops I was a dealer. I laughed at the time and didn't take that serious because I am so involved against drug use. I even have local public access television show discussing youth and drugs ect. I am well known in town to tell druggies not to use or to get help. I even just built huge website for the county against drugs and have been on panels against drugs. I also am first name basis with DA, Public Defenders, Some judges, Head Sherriff of the County and both Police chiefs and all Board of supervisors ect. Also a long history of writing articles against drugs.

At this point I have not even been araigned yet but I am totally broke and 3500.00 in the hole for bond and with my past not in a good position.

No wonder this area has problems stopping the drug trade as they target their own. Some politics involved as I also ran for high end position last year.

Point on local police side.....I have long hair and look like a doper .....guess I better get a hair cut ......finally


appreciate any comments of value

I am not guilty of selling drugs
and I am not a child porn freak

but I have been asked to step down from all county boards I serve on until matter resolved.....
Another point is during this year I discover that since I work from 9:30 a.m. to 6:30 p.m. 7 days a week that my house has become a hang out for some local kids around 20-25 years of age. When I find this out I start to come home un expected and caught a couple people hanging out at my house. I tell them to leave and not come back or I'll call the police.
At this point I get the brilliant idea to call the Narcotics Task Force since I serve on a Substance Abuse Advisory Board with one of them. I ask if they are ever going out where I live ( I give them address) could they stop in and show badges if people are hanging out and scare them away? They laugh and say they don't have time for that.
Another point is that I am also on Mental Health Board and several other mental health and anti drug non-profits. I am very active in getting people to quit drugs not use them. I have a horrid past from 1968-1979 of constant drug busts and sales as I was a dealer in those days. Since 1979 I have not ever been in trouble.
Now the final part........
Couple weeks ago the local police (city police) come into my business and serve a search warrant and it lists exactly my girlfriends above listed prescriptions except hydrocodiene is called morphine and they add Meth.....big drug in this area. They also have boiler plate 4 pages of things to look for like for a lab. They also serve search warrant for my house same type. After theft from kid I kept her Oxcycontin in my front pocket and the rest of her medicine in my camera bag. I immediatly tell them where those items are. They also take my wallet. They ask me if I know how much money is in my wallet and I tell them I think $1,100.00 (this was 100 hundred dollar bills). I explain I don't put in bank because of IRS problem and that that money is my store bank. Which it is. They also look at my computers in store and say they find child porn on one of them. They read me my rights and say they are arresting me for Sales of Oxcycontin and Child Porn. I tell them I do not sell Oxcycontin and that a friend of mine does use one of the computers in the store to look at adult porn pay sites. He gives me money to use computer on off hours. I tell them that all 3 computers are networked to internet but I always told him to only use the one computer. A point here is that none of these computers are password protected and a dozen people have access to them. I tell them they can just look at my browser, favorite places and history and see I do not look at porn. They also grab two computers from my house and I know for a fact they have no smut on them at all as I don't go to those type of sites.
I go to jail but find only charge is Possession of a controlled substance _ Oxcyconting with intent for sale. I bail out after 3 days on long weekend but following monday headlines in local paper......Drug Treatment advocate arested for child porn and selling drugs. They say video tape found at home (not true). They quote an city police saying "we know for a fact that they were selling oxcycontin".
Two days later another front page article with picture of me and this time they state porn found on business computer.
I heard from other kids the kid I fingered stealing meds out of my car had told them I was a dealer. At the time I thought it was funny cause who would believe that....yeah right.
Well the community probably has found me guilty and I haven't even gone to an arraigment. I do have a history of drug stuff so does this mean joint time with a sex jacket or what? Can I sue paper for sex allegations since I wasn't even arrested for it at this point? Public defenders suggest I don't say anything to media......so I haven't......whats next? Also what are the charges for these crimes with the drug one having priors 26 years ago?
 


S

seniorjudge

Guest
Cut this in half.

Use paragraphs more frequently.

Delete all the editorial comments.

Ask three questions.

Maybe someone will help you then.
 

CdwJava

Senior Member
I have no idea exactly what you are being charged with ... list code sections of crimes alleged, and maybe someone can help. But there are dozens of crimes I can pick out as possible from what you wrote, but without all the details I couldn't choose one ... post the specific sections, please.

Contact an attorney.

And no, you can't likely sue the paper unless they printed the information with malicious intent. If they are pursuing a story and write it like, "suspected of possessing child pornography", etc., then they are likely free and clear. They can usually print what they like.

- carl
 

mcrandy

Junior Member
poss/w intent I framed myself duh

History: Lived in small rural town for 10 years.
Girlfriend takes prescriptions: Oxycontin, Valium, Hydrocodiene, Ability & Ambien
I own small business in town and live outside of town
I hold all her meds and up to about a year ago always store in a floor safe at house.

Burglary theft about year ago someone steals safe I report to Sherriffs tell them people are looking for girlfriends pain pills. About 2 months later someone kicks in back door of house and girlfriends bedroom locked door and tosses room, I report to Sherriffs tell them that I suspect they are looking for her pain pills. About 2 months later a youth steals her pain pills out of my camera bag out of my car when I give him a ride. I report this to sherriffs and they question kid and he tells them I am a drug dealer. I don't take this serious because I am heavily envolved in Anti Drug projects in the County. Serve on Mental Health Board and Substance Abuse Advisory Board for several years. Also very active in anti drug work in community in other non-profits.
I ask Narcotics Task Force to visit my house during the day because of young people hanging out there when I'm at work. I work 7 days a week. They say they don't have time for that.

Next I get served at my business and at house with search warrant looking for list of drugs listed above and Meth (big drug in my area). Boiler plate warrant. I immediatly show them where girlfriends medications are all in original bottles in my bags and oxcycontins in right front pocket. In wallet I have 11 one hundred dollar bills. I tell them this is my store bank and I don't put in real bank because of irs problem. This is the truth. They say they find child porn on store computer and say I'm under arrest for child porn and sale of oxcycontin pain pills. I explain that I have friend that pays me to access one of the computers off hours and he does use adult porn paysites but that I don't look at those sites and my other computers do not have any history of porn sites. I don't use these type of sites but computers are available for atleast a dozen people. They say I'm under arrest for child porn and sales of oxcycontin but when I get to jail I have one charge possession of controlled substance with intent for sale.

Then I get two out of three days front page story that I was arrested for child porn and sales of drugs and they say porn found at my house in first story and business second story after I corrected it.

Question 1. Do you think they have a case?
Question 2. Do I have option for libel with newspaper for child porn accusations?
Question 3. If charges dropped should I move?
Question 4. Anyone know the penalties for these two charges. I have no sex history but lots of drug charges 30 years ago.
 

CdwJava

Senior Member
mcrandy said:
Question 1. Do you think they have a case?
Impossible to say without all the minutiae. They at least appear to have probable cause to believe you were in possession of both the Oxy and the kiddie porn. And until you know what the cops know, you can't say for sure WHAT they have as evidence.


Question 2. Do I have option for libel with newspaper for child porn accusations?
Highly doubtful. The press has a LOT of leeway. If they quote a source, or couch the accusation properly, they are in no way going to be held liable for what they say.

Suing the media is an expensive affair and rarely results in a win.


Question 3. If charges dropped should I move?
I would. But, that decision is entirely up to you.


Question 4. Anyone know the penalties for these two charges. I have no sex history but lots of drug charges 30 years ago.
What are you charged with? (Code sections - not names such as "possession of a controlled substance)

- Carl
 
S

seniorjudge

Guest
Question 1. Do you think they have a case?

A: Yes, based solely on what you say, you are guilty of possession: "I hold all her meds and up to about a year ago always store in a floor safe at house.....They say I'm under arrest for child porn and sales of oxcycontin but when I get to jail I have one charge possession of controlled substance with intent for sale." The amount of dope plus the cash shows intent. And, you admitted that it was not your prescription so that makes it illegal!


Question 2. Do I have option for libel with newspaper for child porn accusations?

A: No, you were arrested for child porn. For some reason, they have decided not to pursue it at this time; maybe later; I don't know.


Question 3. If charges dropped should I move?

A: I have ESPN, not ESP!


Question 4. Anyone know the penalties for these two charges. I have no sex history but lots of drug charges 30 years ago.

A: No, but maybe Carl will answer this.


I have to tell you, you have some mighty strange things going on:

"About 2 months later someone kicks in back door of house and girlfriends bedroom locked door and tosses room....About 2 months later a youth steals her pain pills out of my camera bag out of my car when I give him a ride....I ask Narcotics Task Force to visit my house during the day because of young people hanging out there when I'm at work....Next I get served at my business and at house with search warrant looking for list of drugs listed above and Meth (big drug in my area). Boiler plate warrant. [BTW, no such critter] ...In wallet I have 11 one hundred dollar bills. I tell them this is my store bank and I don't put in real bank because of irs problem....They say they find child porn on store computer and say I'm under arrest for child porn and sale of oxcycontin pain pills. I explain that I have friend that pays me to access one of the computers off hours and he does use adult porn paysites but that I don't look at those sites and my other computers do not have any history of porn sites. I don't use these type of sites but computers are available for atleast a dozen people...."
 

mcrandy

Junior Member
I agree its my case I didn't do anything and I think I look guilty. The problem is the 1 year of people trying to steal the Oxcycontin because my girlfriend was not discreet about what her meds were. I really did not know my house had become a party zone for several months. I had even just bought a security camera set that I was going to put up to see just exactly who was showing up at my home during the day.

The problem in my store is that I do not use a cash register and include tax in all sales so that I don't use change. I use my front left pocket as the cash register so if they were watching my store then what if there are videos of me accepting monies? I know that cops do not right reality in police reports but right to convict and want to leave no wriggle room for reasonable doubt. I also think that the Local City Police don't even talk with Sherriffs where I made all my reports so they had made up their mind I was dirty in advance.

The guy that was paying me to access a computer in off hours for well over a year has already gone to police and made statement and doesn't talk to me and he also was telling neighbor store employee that I tried to show him child porn so I suspect he was trying to cover his tracks.

Circumstancial evidence in this case is a huge pile and if I was on Fox News I would be like the Peterson case.

Its a scary thought that even with 10 years of community involvement that you can make some bad decisions and end up destroyed before you know what hits you.

Guess biggest problem is "I look like a doper.....so must be one" to alot of the local folks.


not sure of my charge number but think its 11357 (b) Possession of Controlled Substance with Intent to Sell


I have read that just having my girlfriends prescription bottle on me is illegal. Even though I have taken care of her for years and years. Local political bigwigs and law enforcement were very aware that I carried her meds on me as I had shared the stories of the break-ins and robberies with several of them and no one told me not to carry her meds around.

That is the one glaring fact in the case....why would I continue to call and report incidents about this drug and also call the local task force to visit my house if I was dealing....if I did that then I guess I can plead insanity.

I also made statements quoted in local paper months before this arrest asking the community to focus more on prescription drug abuse as this was a problem as big if not bigger then street drugs.
 

CdwJava

Senior Member
H&S 11357(b) is simple possession of marijuana punishable by a $100 fine only.

So it wasn't that one.

- Carl
 
S

seniorjudge

Guest
CdwJava said:
H&S 11357(b) is simple possession of marijuana punishable by a $100 fine only.

So it wasn't that one.

- Carl
Randy, look on the charging papers for the statute numbers. I think those papers are on the kitchen table.
 
O

OhBullship

Guest
mcrandy said:
The problem in my store is that I do not use a cash register and include tax in all sales so that I don't use change. I use my front left pocket as the cash register so if they were watching my store then what if there are videos of me accepting monies? I know that cops do not right reality in police reports but right to convict and want to leave no wriggle room for reasonable doubt. I also think that the Local City Police don't even talk with Sherriffs where I made all my reports so they had made up their mind I was dirty in advance.
There is a lot about your post that doesn't add up but this bit is really strange. I pay taxes with every purchase and I still get change. A purchase almost never equals an exact dollar amount.

mcrandy said:
Guess biggest problem is "I look like a doper.....so must be one" to alot of the local folks
I don't think looking like a doper is your biggest problem, or the reason they suspect you.

mcrandy said:
That is the one glaring fact in the case....why would I continue to call and report incidents about this drug and also call the local task force to visit my house if I was dealing....if I did that then I guess I can plead insanity.
It's called CYA. My father has been on a number of prescription painkillers for the last few years and never once has anyone stolen them or attempted to. He is a well known person in our town and his condition is not a secret.

mcrandy said:
I also made statements quoted in local paper months before this arrest asking the community to focus more on prescription drug abuse as this was a problem as big if not bigger then street drugs.
Making a statement against something isn't proof of innocence.
 

ENASNI

Senior Member
umm

JOHN BUCKNER said:
Boy, I do hope the innocent Young man that smokes Dope does not read this. He will e-mail the Boss....Patrolman/J. Buckner
What do you think Bruce Springsteen has to say about this... :confused:
I think he has better things to do! :D
 

The Occultist

Senior Member
OhBullship said:
There is a lot about your post that doesn't add up but this bit is really strange. I pay taxes with every purchase and I still get change. A purchase almost never equals an exact dollar amount.
It is not an uncommon thing to purposely set prices so that, when taxed, they come out to an even dollar (or .25) amount. A lot of movie theatres are set up like that.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top