Drugs Confiscated but No Arrest or Charges Filed

[Donovan]

My question involves criminal law for the state of: Utah

Hey all I'm contacting you on behalf of a friend of mine who is in a bind that I'm trying to help with and was wondering if any of you people could provide any advice or shed any light on the situation. First and foremost I want to apologize for this lengthy post but appreciate any of you who will take the time to read this.

He was at a rave and an officer found 25 pills of Ecstacy (MDMA) on his body during a search in the bathroom. However the officer did not arrest my friend or press any charges. He asked my friend if he was going to sell these but my friend replied with no and said they were for his personal use. All the officer did was confiscate the drugs and take my friends information down and tried to make a deal to rat and give the officer information about where they came from within a week or else press charges (which would most likely be possession and intent because of the amount of pills). I believe this is a scare tactic used to extract more information out of an individual although anything said cannot be guaranteed and I told him he shouldn't give any information yet until he gets some expert advice from an attorney.

My friend has a clean record and this would be a first offense if convicted. I've already contacted a criminal defense attorney for his opinion and he said that my friend is most likely facing a 2nd degree felony and that any deals that are made for a more lenient charge should be on paper or through a DA. I read that this amount of pills is roughly equivalent to about 6 grams but I'm not sure and when converted to Marijuana its roughly 3000 grams (I think its 1 gram of Ecstasy is equivalent to 500 grams of Marijuana)? Can you guys tell me what are the best and worst case possible charges he may face and what punishment he may serve as well as any other available options that he may have (perhaps a program that allows him to clear charges because it is a first offense)? Again, sorry for this lengthy post but thank you all for taking your time to read this.

[free9man]

Why are YOU contacting attorneys for your "friend." Your "friend" needs to contact a criminal defense attorney personally so that the attorney can get all the facts from the horse's...mouth.

[Donovan]

Why are YOU contacting attorneys for your "friend." Your "friend" needs to contact a criminal defense attorney personally so that the attorney can get all the facts from the horse's...mouth.

Okay regardless of who is contacting the attorney or even if an attorney was contacted or not, can you still give me your advice about my question with what you think his available options are based on the facts I've given in the situation? And yes I know he should be contacting an attorney himself but I'm just trying to help him in anyway that I can.

[cdwjava]

He was at a rave and an officer found 25 pills of Ecstacy (MDMA) on his body during a search in the bathroom. However the officer did not arrest my friend or press any charges. He asked my friend if he was going to sell these but my friend replied with no and said they were for his personal use.

Your friend is a liar as well as a drug user. In any book, that's sufficient for sales and well beyond what is typical of personal use.

All the officer did was confiscate the drugs and take my friends information down and tried to make a deal to rat and give the officer information about where they came from within a week or else press charges (which would most likely be possession and intent because of the amount of pills). I believe this is a scare tactic used to extract more information out of an individual although anything said cannot be guaranteed and I told him he shouldn't give any information yet until he gets some expert advice from an attorney.

Yes, he should speak to an attorney.

My friend has a clean record and this would be a first offense if convicted. I've already contacted a criminal defense attorney for his opinion and he said that my friend is most likely facing a 2nd degree felony and that any deals that are made for a more lenient charge should be on paper or through a DA.

Interesting that an attorney is talking to YOU about a "friend's" case. Perhaps your "friend" needs to speak directly with the attorney so that he can give ALL the facts to the attorney. If your "friend" was dumb enough to give YOU the facts, YOU can be called by the state to provide testimony against your "friend."

I read that this amount of pills is roughly equivalent to about 6 grams but I'm not sure and when converted to Marijuana its roughly 3000 grams (I think its 1 gram of Ecstasy is equivalent to 500 grams of Marijuana)?

Equivalent in what way??? Since they are not the same substance, what difference would it make to try and make some sort of equivalency where there really can be none?

Can you guys tell me what are the best and worst case possible charges he may face and what punishment he may serve as well as any other available options that he may have (perhaps a program that allows him to clear charges because it is a first offense)? Again, sorry for this lengthy post but thank you all for taking your time to read this.

If charged with sales, then it would seem that diversion is not possible. However, the DA might be willing to offer up diversion by charging him with possession ... but, he may have to cooperate with the police, accept probation and drug treatment, and agree to testing for a couple of years. In other words, is dope days would be over.

[Donovan]

Thanks for your informative and clear response cdwjava and yes I'm aware I can be called in by state to testify against him. My friend will be speaking to an attorney himself later today. And what I meant by the equivalency is for federal sentencing in terms of punishment level and offenses. I just had one last question regarding a diversion sentence; I know in the state California there exists Penal Code 1000 (PC-1000) and Proposition 36 which can be used to help those who are first time offenders in their case, but I was wondering if you knew anything off the top of your head for something similar in the state of Utah? I'm guessing not but its worth asking. Again thanks for your help cdwjava.

[cdwjava]

There may be other programs, but here is some info on your state's drug courts:

http://www.utcourts.gov/drugcourts/

[indybail]

Your friend was planning on ingesting 25 Ecstasy pills at a single rave?

[Disagreeable]

Your friend should be thinking "deal". I will turn over my supplier if you are lenient.