Possession of a Controlled Substance in Izard, Arkansas

Hello, my name is Seth. Sunday I was arrested for having a razor blade with coke residue on it, snort tubes, a couple pipes a homemade bong, a wooden board with white powder on it, and a dime bag of marijuana. My charges were Possession of a Controlled Substance and Instrument of Crime. Now I have a couple questions. The officer told my that if I had anything I would tell him now, and I might not be charged with it. I told him about the razor and snort tubes, but my brother had not put the board away so I didn't know it was still in my truck. SO they took me in, and the first time the tested it it tested positive for coke, but the second time it didn't. So could this be a loophole for the felony charge, or does the razor blade still have me for that? Also the DTF man said that if I would give names they would bring it down to misdemeanor charges, but if I would make a couple buys that they would see what they could do with getting my off on all of it. I'm still thinking of what to do, because I'm afraid if I wore a wire I would have to testify, and if I testify I have a feeling my or my family would get hurt. So are there ways to go about making buys without having to wear a wire so I dont have to testify? Also, I can't afford a good lawyer, and I'm sure there are things that I would need a lawyer for, for example the board, and also to be sure that they dont tell me one thing and then I end up getting charged anyway. But are there things out there that could help a kind who is 18, makes minimum wage, is a full time student, works full time, afford a lawyer? Thanks for yalls help. Also this is the first time I've ever been arrested or anything except for a warning for speeding, other than that I've never been arested as an adult or a juvenile.

Quote:

---

Quoting KingTomato

---

Hello, my name is Seth. Sunday I was arrested for having a razor blade with coke residue on it, snort tubes, a couple pipes a homemade bong, a wooden board with white powder on it, and a dime bag of marijuana. My charges were Possession of a Controlled Substance and Instrument of Crime.

---

Ouch. You definitely need a lawyer!

Quote:

---

Now I have a couple questions. The officer told my that if I had anything I would tell him now, and I might not be charged with it. I told him about the razor and snort tubes, but my brother had not put the board away so I didn't know it was still in my truck.

---

Common trick officers use to get information. He could be telling the truth, but I wouldn't hold my breath. Get a lawyer.

Quote:

---

SO they took me in, and the first time the tested it it tested positive for coke, but the second time it didn't. So could this be a loophole for the felony charge, or does the razor blade still have me for that?

---

Hmm, I'm not sure. Possible though. I would check into it though.

Quote:

---

Also the DTF man said that if I would give names they would bring it down to misdemeanor charges, but if I would make a couple buys that they would see what they could do with getting my off on all of it. I'm still thinking of what to do, because I'm afraid if I wore a wire I would have to testify, and if I testify I have a feeling my or my family would get hurt. So are there ways to go about making buys without having to wear a wire so I dont have to testify?

---

I'm not trying to scare you, but being a informant is very dangerous work. I would not recommend endangering yourself or your family based on the off-chance of getting charges dropped. Plus, what if you do get convicted? Prisoner don't take to kindly to informants.

Quote:

---

Also, I can't afford a good lawyer, and I'm sure there are things that I would need a lawyer for, for example the board, and also to be sure that they dont tell me one thing and then I end up getting charged anyway. But are there things out there that could help a kind who is 18, makes minimum wage, is a full time student, works full time, afford a lawyer?

---

Then one will be appointed by the court.

Quote:

---

Quoting KingTomato

---

SO they took me in, and the first time the tested it it tested positive for coke, but the second time it didn't. So could this be a loophole for the felony charge, or does the razor blade still have me for that?

---

They won't be using the field test when they go to court. They'll have a much more reliable test result from a crime lab.

Quote:

---

Quoting KingTomato

---

Also the DTF man said that if I would give names they would bring it down to misdemeanor charges, but if I would make a couple buys that they would see what they could do with getting my off on all of it. I'm still thinking of what to do, because I'm afraid if I wore a wire I would have to testify, and if I testify I have a feeling my or my family would get hurt.

---

I disagree with the somewhat sensational depiction of being an informant presented above. (It's very dangerous in the movies, much less so in real life.) You can discuss with the officers what they would want you to do. Most of the time there wouldn't be a wire, but you would simply make a drug buy using marked bills and later, when they arrested the dealer, they would use your confidential report of what happened along with the dealer's possession of the marked money to establish the drug transaction.

The biggest risk I have seen with typical "drug informant" scenarios is that the officer decides that the informant isn't sufficiently cooperative, and doesn't carry through on the promise.

Consult a lawyer before you agree, as it could be that the prosecutor will be offering the same deal (reduction to a misdemeanor) even if you don't work as an informant, or there may be a program (deferment, drug court, etc.) for first-time drug offenders which you may wish to enter.

Wouldn't the informant have to testify in a court of law? Plus the drug dealers can put two-and-two together. It wont take long for them to realize how they got busted.

If I lived in Izard, Arkansas, I'd want controlled substances too!:rolleyes:

Quote:

---

Quoting blueeagle

---

Wouldn't the informant have to testify in a court of law? Plus the drug dealers can put two-and-two together. It wont take long for them to realize how they got busted.

---

A confidential informant does not testify - hence "confidential". ;)

The person may be anonymously referenced on a warrant. With the officer's observations (e.g., "I observed C.I. enter the residence with marked money; he returned with controlled substance; after arrest the suspect possessed the marked money") there is no need for the informant's testimony. And the guy has typically conducted enough drug transactions that he doesn't know who the C.I. may have been.

Of the cases I had involving a C.I., the ones where the suspect strongly suspected who the C.I. was were unusual cases (not street-level dealing), and the person they suspected was usually a friend (ex-friend) or family member.

Well the DTF guy and our County Instigator asked me to come in tomorrow after I get out of classes because I let them know that the guy was going to get some stuff Saturday and Sunday. I'm gonna be taking a tape recorder with me, and ask them everything I want/need to know including everything I must do, if I will have to testify and if I do if I have to do it in front of the guy I'm testifying against, what my helping them crack this guy will get me out of, and things like that. They told me that they didn't want to charge me with a felony, and as soon as I agreed that I would help them I got out of jail no bond or bail or whatever it's called. I just had to pay a $20 booking fee, and I was released. But has there ever been a case where a guy with cocaine and marijuana or even cocaine since it's a felony helped out the PD and got off scot-free. I wouldn't mind having to submit to drug tests randomly, or whatever they want me to do. I just can't goto jail and/or prison on account of I'd have to drop out of college and quit my job, and I heard if you have a drug charge on your record you can't a student loan or anything. About a year ago, I was doing starting my own computer repair business, and I was a senior and the sheriff's daughter was a junior in HS, and she told her that I done computer things, so I setup the PD's networks, computers, websites and everything so they know me pretty well, and have called me to fix their computers for them. So they know me but I dont know if I trust them enough to actually let me off without doing some kind of time or something. But like I said I plan on taking a tape recorder with me tomorrow, is there anything else I should ask them and get on tape along with the other things I mentioned? Thanks

EDIT: Also, the guy I am supposed to buy from, I've bought from before. I've known him since I was in 6th grade, an I've stuck by him when other people had told on him, so I think he trusts me. BUt he also knows I was arrested, so I was thinking this might be a warning sing that I might be up to something if I start buying this soon again. But like I said he trusts me, so I dont know.

Has there every been a case? Yes. What will happen in your case? I don't know. Do I expect a complete dismissal of charges? Not unless they expressly promised that, and are happy with what you do for them.

I'd look real closely at the charges--sounds to me like both are misdemeanors. Possession of a small amount of marijuana is a class A misdemeanor as is possession of instrument of crime (as opposed to possession of drug paraphernalia). It is a little unusual to have people work for relatively minor charges. I would not want to work as an informant absent legal counsel being involved in the deal.

OK, I just got off the phone with the Public Defender. I told him about the board, and the razor blades. He said that they couldn't charge me with a cocaine charge unless when they tested me I had traces of cocaine in my system. All I had in my system was THC because I had smoked the night before I was arrested. He said that since the board tested positive once and negative the next time they couldn't use it to charge me with. I talked with the investigator today and he said that the razor blade was thrown out since I told them about it before they searched my house. So I guess now all I'm charged with is possession of marijuana, and instrument of crime. He asked me if I had every been in trouble before, and I said no neither as an adult or a juvenile, and he said that the max they could send me away for was a year, but since this was my first offence I would probably have my DL suspended for 6months. He is getting my record or whatever today, and he is goning to call me back Monday, and make sure I didnt leave nothing out, and what we can do so I dont goto prison. I didn't tell him about being an informant because the investigator asked me not to tell anyone, but since the lawyer said tghey would probably just suspend my liscence maybe with being an informant I could make it out with just taking random drug tests or something I dont know how the law works. I've heard not to trust lawyers, but in my position I dont see as how I have a way around it. Thanks for all yall's help