Charges for mailing half lb marijuana. Entrapment? Typical sentence?!

Ok,
so...
The boyfriend (we'll call him M) who lives in NC did something dumb (obviously) and was receiving pot in the mail from a friend in Cali. Toward the end of it, though, he knew he was being watched and got everything but a couple scales and his brother's bowl out of the house. Still, a few days ago, the FedEx man showed up as per usual but M was sleeping.... His friend-NOT a roommate- answered the door and explained that M wasn't available... The FedEx man said, "Oh, no, no, you can sign for it. Here, go ahead." (Mistake 1?) So M's friend, not knowing what it was, signed. And the cops busted in. They found the pieces and his cash and scales, not much else. However, the pigtards left behind 2 scales (Mistake 2?), demonstrating just how meticulate they are. They took M and his friend (I feel so bad for the guy) to a detention center. Set his bail around 7000 because of 1 previous failure to appear for a 2-year-old underage drinking charge.

My questions are:

How is the sloppiness of the police work going to affect the case? Will it play a minor or major factor, if any?
I know his friend can get off the charges because he was coerced into signing. Will it help M's case as the police were attempting something along the lines of entrapment?

M's name was not on the lease. He was not paying rent at that particular time, either. However, they gave him a charge for 'maintaining a dwelling'... Can they do this and is it possible to fight this charge if, like I said, he paid no rent, and his name was nowhere to be seen lease-wise?

Also, his charges are currently only with the state. Apparently they are in talks of handing it over to the feds. If so, does anyone know what the charges would be like? Again, was a half pound- nothing enormous. Would the feds even want to take the case or would the state fight to take it? Like I said, didn't even measure up to 0.3 kg... I can't find anything as far as state OR federal charges for anything under 1 kg... I found some mandatory sentences for weight between 1 and 10kg... but nothing under 1...

Anyone been in a similar situation? I'm hoping he'll get some heavy, heavy probation without jail time.


If you showed up on the thread to bash, go back to your girl scout meeting and suck it. The other mommas boys are the only ones who care to hear it.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

How is the sloppiness of the police work going to affect the case?

Click to expand...

What sloppiness? You don't get charged with what they didn't find or take, just what they did. Failure to take something with them means nothing other than they can't add that to the charges or use it as evidence.

I know his friend can get off the charges because he was coerced into signing.

Click to expand...

From what you stated, no, he was not coerced into signing anything. He was told he can sign and he did. he could have just as easily refused. The best argument he might have is he had no idea what was in the package, it didn't have his name on it, and his name wasn't on the package. The courts will have to prove some knowledge of the contents to make much of anything stick.

Will it help M's case as the police were attempting something along the lines of entrapment?

Click to expand...

If it was entrapment, it would go a long way in a defense. The problem: from what you stated, there was no entrapment what-so-ever.

M's name was not on the lease. He was not paying rent at that particular time, either. However, they gave him a charge for 'maintaining a dwelling'... Can they do this and is it possible to fight this charge if, like I said, he paid no rent, and his name was nowhere to be seen lease-wise?

Click to expand...

yet he received shipments, in his name, at this house. That shoots your defenses in the foot. On top of that, you say he was aware of being watched so they can associate him with that house, whether his name is on the lease or not. They know where he lives and that is enough.

I don't know what charges are applicable for the feds but be wary; then tend to win the cases they take on. Can't remember their conviction rate but it is quite high.

A half a pound ! I think that clicks it into mandatory sentence time .. 3-5 yrs min? 1/2 a pound is ALOT of dope. But I rarely feel sorry for people involved with dope issues so good luck on this one.

Your friend is in serious trouble and needs to think about lawyers.
I don't follow your suggestion of entrapment. Do you believe that this pot came from the DEA? You've got to be kidding, right?
The FedEx guy did nothing outside of normal routine. FedEx was paid to deliver a package and they did. The cops may have asked FedEx to tip them off when FedEx planned to deliver a package from Cali. to your BF. That's not illegal. A couple of sniffs by a trained canine would be enough to get probable cause to kick in the door after the package was delivered.
If the package was unopened a lawyer may attack the package as questionable evidence.

Good luck

Lecheval017 said:

Ok,
so...
They took M and his friend (I feel so bad for the guy) to a detention center. Set his bail around 7000 because of 1 previous failure to appear for a 2-year-old underage drinking charge.

My questions are:

(only U.S. law)?What is the name of your state (only U.S. law)?

Click to expand...

did the cops have a warrent? in most state the cops are required to take a person to a misgistrate before jail, without a warrant?

North Carolina General Statutes § 15A-734 Arrest without a warrant

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed, and complaint must be made against him under oath setting forth the ground for the arrest as in G.S. 15A‑733; and thereafter his answer shall be heard as if he had been arrested on a warrant. (1937, c. 273, s. 14; 1973, c. 1286, s. 16.)

well, " with all practicable speed" could mean 2 1/2 days away if arrested on a Friday after court closes.

Not sure where you came up with "most states require the person to be presented to a magistrate before being taken to jail" but I know that in my state and in the bordering state I live a mile from, it is not a requirement. There is a time limit but it is not a requirement to be presented prior to incarceration.
and since the OP has failed to provide a germane state, I'm not going to check the remaining 47 states.

57 states havn't you heard? Better get crackin.

justalayman said:

well, " with all practicable speed" could mean 2 1/2 days away if arrested on a Friday after court closes.

Not sure where you came up with "most states require the person to be presented to a magistrate before being taken to jail" but I know that in my state and in the bordering state I live a mile from, it is not a requirement. There is a time limit but it is not a requirement to be presented prior to incarceration.
and since the OP has failed to provide a germane state, I'm not going to check the remaining 47 states.

Click to expand...

its required in the interest of justice, 2 1/2 days in not with all practicable speed.

did you see in this law where it says to be taken to jail and then a magistrate? its for the cops protection to preventing then from violating someone legal rights. they are not lawyers u know

if police arrest without a warrant and dont follow this law to the letter, than they commited a crime. remember innocent until proven guilty in a court of law

we are all sinner, inviolation of the law somewhere?

2005 North Carolina Code - General Statutes Article 10 - Kidnapping and Abduction.
Article 10.

Kidnapping and Abduction.

� 14‑39.� Kidnapping.

(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:

(b) There shall be two degrees of kidnapping as defined by subsection (a). If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class C felony. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony.

(c) Any firm or corporation convicted of kidnapping shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), and its charter and right to do business in the State of North Carolina shall be forfeited.

Yes, the feds may well be interested because of the use of the mail.

It is obvious the feds knew about this because they arranged to allow the delivery to go through. It is very likely they have additional evidence and may have already turned the source in CA.

Your boyfriend needs to speak with an attorney ASAP and had better HOPE that the officers' investigation had some holes that he can exploit or he may well go to jail for a long time.

Dave1952 said:

A couple of sniffs by a trained canine would be enough to get probable cause to kick in the door after the package was delivered.

Click to expand...

No, that would have been PC to seize the package and obtain a SW later to open it, not kick down the door after it was in the home, as that would trigger the 4th AM.

justalayman said:

well, " with all practicable speed" could mean 2 1/2 days away if arrested on a Friday after court closes.

Not sure where you came up with "most states require the person to be presented to a magistrate before being taken to jail" but I know that in my state and in the bordering state I live a mile from, it is not a requirement. There is a time limit but it is not a requirement to be presented prior to incarceration.
and since the OP has failed to provide a germane state, I'm not going to check the remaining 47 states.

Click to expand...

i believe the op said the guy lives in NC

if police arrest without a warrant and dont follow this law to the letter, than they commited a crime.

Click to expand...

Did you see the poster said this:

....And the cops busted in......

They most likely had an anticipatory SW.

If the police do not follow the law to the letter, they may or may not have committed a crime, probably not, but you can not say all the time, that is simply not constitutionally true. Ever hear of the "good faith" exception to serving a SW, as one example.

Dillon said:

i believe the op said the guy lives in NC

Click to expand...

If you are arrested WITHOUT a warrant, the federal constitution mandates a probable cause hearing and or arraignment within 48 hours, IF still held in custody. A state is free to have a more expedient time frame, yes.

BOR said:

If you are arrested WITHOUT a warrant, the federal constitution mandates a probable cause hearing and or arraignment within 48 hours, IF still held in custody. A state is free to have a more expedient time frame, yes.

Click to expand...

does not mandate jail before pc formal hearing or arraigment, does it? this guy could be innocent who just signed not knowing the contents of the package.

BOR said:

Did you see the poster said this:

....And the cops busted in......

They most likely had an anticipatory SW.

If the police do not follow the law to the letter, they may or may not have committed a crime, probably not, but you can not say all the time, that is simply not constitutionally true. Ever hear of the "good faith" exception to serving a SW, as one example.

Click to expand...

as you say he signed for it in good faith. just like the cops acted in good faith