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  1. #1
    Join Date
    Dec 2007
    Posts
    2

    Default Conspiracy To Deliver, Without Possession

    Hello,
    I have spent literally hours and hours combing http://www.legislature.mi.gov in addition to hours looking through the forums here and I can't find an answer to my question or something similar.
    The closest I've come is generic "misdemeanor" charges and I don't know if that applies either.

    A year ago my boyfriend was pulled over in some sort of sting, he was searched and had about $2000 confiscated from him. He was never charged with anything. He hired a good lawyer, albeit an expensive lawyer which has made asking questions prohibitively expensive. His lawyer said something about conspiracy to deliver (It's been almost a year, i can't remember how it was worded). Can one be charged with conspiracy to deliver without anything to deliver?

    I can't think of any other evidence they could have on him aside from this: he was on his way to pick up someone he didn't know very well who had called to say his car was broken down a few hours away and he needed a ride to our town. Perhaps this guy had drugs on him and was arrested and tried to pin it on my boyfriend (or whoever else would agree to come pick him up)? Can they use such circumstantial evidence? In the days before Christmas I don't think it's uncommon for people to have money in their pockets so how could that be used as proof?

    My boyfriend has a spotless record (not even a traffic violation), works a job, runs his own business, and is about to graduate college;he's also an anxious wreck every day wondering if they're "coming for him." He's afraid to start applying for jobs in his field and move on with his life. Is there any statute of limitations that applies to this? If they had anything even vaguely concrete wouldn't they have done something about it by now?

    As I said, I've been trying to research this for literally months and can find no good information on his situation. He doesn't want me to talk to his lawyer because he wants to keep me out of it. (He means well) But the anxiety is killing me, too.

    Any help/ideas/anything?
    Many Thanks

  2. #2

    Default Re: Conspiracy To Deliver, Without Possession

    Quote Quoting naebjssim
    View Post
    Hello,
    I have spent literally hours and hours combing http://www.legislature.mi.gov in addition to hours looking through the forums here and I can't find an answer to my question or something similar.
    The closest I've come is generic "misdemeanor" charges and I don't know if that applies either.

    A year ago my boyfriend was pulled over in some sort of sting, he was searched and had about $2000 confiscated from him. He was never charged with anything. He hired a good lawyer, albeit an expensive lawyer which has made asking questions prohibitively expensive. His lawyer said something about conspiracy to deliver (It's been almost a year, i can't remember how it was worded). Can one be charged with conspiracy to deliver without anything to deliver?

    I can't think of any other evidence they could have on him aside from this: he was on his way to pick up someone he didn't know very well who had called to say his car was broken down a few hours away and he needed a ride to our town. Perhaps this guy had drugs on him and was arrested and tried to pin it on my boyfriend (or whoever else would agree to come pick him up)? Can they use such circumstantial evidence? In the days before Christmas I don't think it's uncommon for people to have money in their pockets so how could that be used as proof?

    My boyfriend has a spotless record (not even a traffic violation), works a job, runs his own business, and is about to graduate college;he's also an anxious wreck every day wondering if they're "coming for him." He's afraid to start applying for jobs in his field and move on with his life. Is there any statute of limitations that applies to this? If they had anything even vaguely concrete wouldn't they have done something about it by now?

    As I said, I've been trying to research this for literally months and can find no good information on his situation. He doesn't want me to talk to his lawyer because he wants to keep me out of it. (He means well) But the anxiety is killing me, too.

    Any help/ideas/anything?
    Many Thanks
    He was never charged with anything.
    He was never charged but was he arrested???? If so was he arrested by local cops or federal DEA agents?

    Can one be charged with conspiracy to deliver without anything to deliver?
    YES
    A conspiracy is an agreement between 2 or more people to a commit a crime. The FEDS prosecute people for this all the time but it is rare for state prosecutors to do this. They may use taped conversations as well as signed statements. You need to ask yourself. Is he or was he involved with significant criminals? The FEDS like dealing with groups of criminals.

    By the way it was gracious of him to leave you in the dark. It's easy for anyone or everyone to get sucked into a federal sting operation


    Is there any statute of limitations that applies to this?
    For a federal case it would be 5 yrs. That's how much time they have to file charges.
    In most state courts it's 2-3 years

  3. #3
    Join Date
    Dec 2007
    Posts
    2

    Default Re: Conspiracy To Deliver, Without Possession

    How silly, I've been waiting for almost a month for the response and I just now finally checked. I thought I had it set to email me if there was a reply.
    I'm very grateful for your response!
    To respond to your questions, he was never even actually taken to jail, i find the whole thing baffling. The "arrest" was by state police. His lawyer called a few weeks after, the prosecutor where it happened (about 3 hours from here) said they had "credible evidence" and there would definitely be charges....and that was almost a year ago.
    In the meantime he's been a wreck, racking his brain trying to think of what the evidence would be, and has gotten very depressed. This is affecting his whole life. He has a clean record, he's about to graduate from college, already runs his own business in his field, I keep telling him to try to be optimistic that even if they suddenly do come for him that his track record of being a fine, upstanding, productive member of society should work in his favor. Is that taken into account?
    If he was charged before he graduates in may, what would happen to his federal aid (that's his other big fear).
    That was a lot of questions...

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default Re: Conspiracy To Deliver, Without Possession

    Although the statute of limitations will not have run on a felony charge, the more time that passes the less likely it is that he will be charged. His record in the community could be a factor both in plea bargaining and in sentencing. A drug conviction would likely render him ineligible for federal financial aid.

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