Marijuana Entrapment

[jpellak@charter.et]

My question involves criminal law for the state of: North Carolina Ok On Monday 14 march 2011 A mailman pulled into my yard to blow the horn he said i have a package for you I looked a package and said its not mine i have not ordered anything. He replied its my last delivery of the day can you just take it and give it to regular mailman tomorrow
i said ok and set package just inside my front door. I never opened it as it was not addressed to me 2 hours later approximatley 10 narcotics officers show up at my house with a search warrant and asked if there where any drugs in my house my wife had about an oz of pot which she gave them they then proceded to tear my house all to pieces the only thing they found was my wives oz. and her bong. We were arrested and charged with the contents of the unopened box which i latter learned contained 2 lbs of marijuanna. I feel i was entraped into talking the box which i told him was not mine into my house. Me nor my wife have any drug charges in the past and i told the narcs you have never bought drugs at my house as they have never been sold from my house. We are charged with manufacturing marijuanna, possesion with intent to sale and deliver maintaing a dewilling for marijuanna and drug paraphanillia i feel i was set up by the police. what will happen if i go to trail with this
as they have 1st time offenders program which would devert court but im not guilty so i dont feel i should have to do this. Any opioions on this matter would be greatly appreciated

[jk]

ya, get a lawyer.

did the package have your address on it?

and you accepting it doesn't make any sense.


Where did they find that package when they searched your house?

[jpellak@charter.et]

the package had my address but not my name and i told the mailman that was delivering it was not mine he said its his last delivery of the day could i just take it and return it to post office in am. the package was sitting just inside my front door unopened when narcs arrived

[Mr. Knowitall]

It works like this: Somebody mails a controlled substance, it's detected during the shipping process, the authorities are notified, a law enforcement officer makes the delivery (i.e., the person who delivered the package was a narcotics officer) usually with video or at least audio surveillance, and then after the recipient signs for the package the police conduct a raid. Your lawyer can help you figure out exactly what happened and get any video or audio from the delivery.

There have been a few infamous cases in which the person having drugs sent through the mail had the package delivered to somebody else, with the idea that they would obtain it from that person or steal it from their mailbox. For example.

[jk]

If it really happened like that, it was obvious th cops were aware of the drugs inside and wanted it delivered. Of course you should have refused delivery. When the mailman ends his run, he returns to the post office and he can return it to the proper people. Suggesting you take it is ridiculous. You accepting it is just as ridiculous.

yes, deliveries such as this do happen as Mr.K suggested. The problem is with the USPS, they do not leave oversized packages typically and simply leave a note to pick up the package at the post office. This scheme is much simpler with UPS or FedEX where they do not require a signature and simply toss it at your door and drive away.
The only odd thing is you left it in your doorway. If you accepted the package with the intent of returning it to the PO the following day, it would be odd to leave it in the doorway as you had. That, to me, is highly suspicious and might be seen as you being knowledgeable of the contents and either did it in an effort to set up a defense such as you are or a friend was supposed to come by and pick it up later without actually having to contact you. This would be called "plausible deniability".

So, it's time to get a lawyer and to not say anything to anybody about the details of this. If this is an attempt to remove suspicion from you, I suspect there is enough other evidence already in their files to show this was not some innocent act on your part and they will simply explain your actions in a fashion similar to what I have. If they have no other evidence, and it is truly innocent on your part, hopefully you will be cleared of any charges.