Caught Dealing Drugs at a High School
My question involves criminal law for the state of: Michigan
I got my car searched at school, and the cops and security found 2100$ in cash and 3.5 grams of hash oil (wax, really potent)... They seized my phone and got a search warrant. I hired a lawyer after, and deactivated my account at AT&T, and deleted my icloud. However, somehow, the cops still ended up finding everything on it. I have pictures of a pound of weed, and various other pictures of weed, me counting money, etc. I also have a lot of text messages talking about selling marijuana. My lawyer said he is going to fight hard for me but said it would be a miracle if I don't do jail time. As of right now, they still have me for possession, not distribution. My court date is in two days on Monday. I am nervous as heck.
I'm 17 years old, still a senior in highschool. I have a 3.3 gpa and got admitted to a lot of state colleges. I've passed a drug test since I got arrested and have been attending NA meetings. What do you guys think? Will the prosecutor help me out with my HTYA or my 7411 since I have good grades and my future looks promising or will he skip that and send me to jail? possession is up to 90 days in jail...
Re: Caught Dealing Drugs at a High School
First rule of destroying evidence: If it's online, it's never really gone.
Are you charged with possession, possession with intent to distribute, what? If you are being charged with dealing, given the amount of evidence they have, you may be looking at some jail time.
You could, theoretically, also be charged with tampering with evidence or obstruction of justice for your amateur hour attempt to destroy evidence. But since court is Monday, I imagine that won't happen.
You are also looking at having your college admissions revoked. Schools tend to frown on having known drug dealers attending.
Re: Caught Dealing Drugs at a High School
Nobody here has any magic bullet. Your attorney has more knowledge of the case against you that you have posted, or should post to strangers online! The attorney is also far more knowledgeable about your local prosecutors & courts than anyone here. If some anonymous online poster was to tell you that your attorney is wrong and advise you to try some “surefire” legal loophole…Well, let’s just say you would be an obvious fool to believe it.:fatigue:
Some things for you to expect: Since the investigation went so far as to get a warrant for your cell phone records and files, they are absolutely looking to charge you with dealing. Unless you have a solid, legitimate source for that money, a 17 y/o with $2,100 is pretty strong evidence. That amount of concentrated hash oil is more than a typical “user” amount. Add in the pictures and texts and you can bet that the prosecutor is going to present amended charges for dealing, rather than simple possession, at your first court appearance. You need to be prepared for that…it sounds like your attorney is already expecting it.
The fact that you make good grades is not likely to help you much…it just shows that you are smart enough to know better. The passed drug test and NA, along with your age, may work in your favor in that it may help convince the prosecutor that you are salvageable and might be a good candidate for a diversion program. On the other hand, most diversion programs are designed and intended for folks who are simple users, have an addiction problem, and are working to get clean. They are not intended for dedicated dealers who are making profit by exploiting those addicted folks. It’s going to be up to you to convince the prosecutor and judge that you are more the former and less the later. That may not be easy.
And, yeah, even if you manage to get a diversion program, college may have to wait a bit. Those admissions letters will almost certainly be voided and any government financial aid (and most private ones too) will be unavailable at least until you fully complete the conditions of the program. If you are simply convicted of dealing, with no diversion, it could well be several years until you can think about college again.
Re: Caught Dealing Drugs at a High School
Add to that: You were caught dealing drugs in a Drug Free School Zone.
According to Section 333.7410 of the Michigan Public Health Code, anyone who possesses an illicit narcotic with intent to sell or deliver within 1000 feet of a school or library will be subject to at least 2 years in prison, or twice the amount of time normally authorized for the crime. In addition, offenders could face up to three times the fine prescribed for that offense. If you deliver a controlled substance within 1000 feet of school property, you will face up to three times the jail time and three times the fine authorized for that offense. Possession of specific narcotics in a school zone could likewise result in increased criminal penalties, and it is crucial to contact an experienced attorney as soon as you suspect you may be under investigation for a school zone drug offense.
Re: Caught Dealing Drugs at a High School
The bad news is even though you thought you had a great business that was profitable, college is now going to be a waste of time. You will be lucky to keep steady employment. Start looking at online schools or GED testing since you are going to be expelled also. My daughter was being harassed by a football team player, who was dealing on the side. When he was busted, he lost his 100% scholarship. He still lives at home and drives an old Chevy Cavalier. Congratulations on your new future.
Re: Caught Dealing Drugs at a High School
Don't forget a McJob....if they will hire you. You will need to pay your attorney fees, court cost and fines, and I think you get to also pay for random drug testing.
Re: Caught Dealing Drugs at a High School
I have already served a 5 day suspension for this, and I wasn't caught dealing AT the school. I never once sold a kid weed at school... But if they are trying to get me for distribution why haven't they already upped the charge?
No one thinks I can get my HYTA or 7411 and still end up going to college? damn this is not looking good for me...
Re: Caught Dealing Drugs at a High School
Who knows? Maybe they are waiting for something in the investigation? Is Monday your arraignment? If so, they may amend the charges then.
If you were caught with dealer level quantities on school grounds, you can be charged with possession with intent (or it's Michigan equivalent) and any pertinent school zone enhancements.
You may have served 5 days suspension for now but if the charges are upped or you are convicted, the school may move to expel you.
Re: Caught Dealing Drugs at a High School
what court hearing is Monday?
to the not being caught dealing at school:You were caught with drugs ON school grounds. If you are within 1000 feet of a school, there are additional charges you can face. Plan on being expelled from that school forever.
How long ago did you get busted?
Quote:
As of right now, they still have me for possession, not distribution.
no, they have you for distribution. They may not have filed those charges yet but you have described more than enough to be charged with distribution, intent to distribute, possession, possession withing a school zone, and probably a few others I cannot think of. What may be happening is the prosecutor is gathering more evidence so they can file more charges.
Re: Caught Dealing Drugs at a High School
Oh, I don't think he needs to worry about that right away, since the likelihood is that the state will be supporting him for a while.
ETA: this was in response to the McJob comment.