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  1. #1

    Default Multiple Drug Related Charges in New York

    My question involves criminal law for the state of: New York

    Last night I was hanging out in my apartment which is on a college campus. At about 10pm about 10 police officers came into our apartment under a search warrant. The apartment had myself and 7 of the 8 people that lived in the apartment, 2 of the guys that lived in the apartments girlfriends, 2 friends who also go to the university and 3 friends that were visiting from another school. This makes a total of 14 people.

    None of the people in the apartment were 21 or older. We were sitting around drinking beer and hanging out when the police came in. The police told us they had a warrant (they later showed it to us). Everyone's persons was searched. After searching everyone there they sat us all down in one room of the apartment and searched each of our rooms one by one.

    The first room searched had 2 people living in it. They found drug paraphanlia and both of the guys had 3-4 adderall pills which neither had a prescription for.

    The second room also had 2 guys living in it. They found 1 adderall pill without a prescription on one of the guys. The other guy had a lock box. He was forced to open it. Inside was $300 in cash and a couple empty plastic bags. They police seized the $300 as "evidence". Both of the guys had drug paraphanalia.

    The third room had one guy living in it and was found with a few types of prescription drugs without prescriptions, marijuanna seeds and drug paraphanalia.

    The fourth room had one guy living in it and was found with drug paraphanalia.

    My room was found with a small amount of marijuana (less than 1 gram). I also had a few bottles of pills. One bottle had antibiotics which I had the prescription for and a few over the counter tylenols. The other bottle had allergy medication I had a prescription for and one 800mg ibprofein which i have a prescription for but not in my apartment.

    The 6th room whose occupant was not in the apartment at the time was clean.

    The non-residents were let go except for one who I am not entirely sure what they were arrested for. Of the people who lived in the apartment everyone except for the person with the $300 were handcuffed and brought to the police station.

    3 of the guys were charged with misdemeanor possesion of a controlled substance. The police took my information and I sat and watched them argue for 30 minutes about wether or not they could press charges against me for the 800mg ibprofein without a prescription. They ultimately told me they werent going to press charges for it and let me go with an Unlawful Possession of Marijuanna.

    I later found out the reason they searched the apartment was because the police had a "sworn testimony" from someone that they had purchased drugs from two of the guys that live in my apartment. The two guys were told by the police that they had two options to either give up the name of a large drug dealer or the police will make sure they are thrown out of school. the police told them to make contact with a drug dealer and schedule a time to pick up drugs and then call back the police and they might be allowed to remain in school.

    My first question is I have heard if you have a marijuanna conviction you can no longer recieve federal financial aid. I do not recieve financial aid but I do recieve federal subsidized loans. If the charges are not dropped will I lose my loans?

    I have no prior offenses on my record and have never been in any trouble with the law prior to this. I am a Junior in college with a 3.4 gpa in a tough pre-law program and a member in a bunch of athletic and academic clubs. Is there a good chance that this charge will be dismissed? I have a very good understanding of the legal system but should I still make sure to hire a lawyer to make sure I don't lose my loans?

    The final question is for the two guys accused for selling drugs how concerned should they be? I do not know for sure but I am fairly certain both of them have only sold small amounts of marijuanna and only on a few occasions. The police said they had sworn testimony that someone bought drugs from them but presented no evidence. Is there anything these two should do? Also I feel like how the police treated them seems like extortion to me. Can anyone verify if this is infact extortion and what they should do about this?

    Thank You,

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Multiple Drug Related Issues in New York (Very Long)

    Your federal loans may be in jeopardy if you are convicted. Contact your financial aid department.

    It is not extortion to question a suspect.

  3. #3

    Default Re: Multiple Drug Related Issues in New York (Very Long)

    I am not talking about the questioning. The part that I feel might be extortion is when the police officer told them they had 2 options, to turn in a larger drug dealer or to be kicked out of college. Police also have no control over sentencing and by threatning the two people in question feels wrong.

    Also the whole ordeal about talking to a dealer and setting up a meeting to purchase drugs doesn't seem like something a police officer is legally allowed to do. I was under the impression that only a district attorney or ADA can set this up. It also seems like the police are putting my two housemates in physical danger by forcing them into this situation.

  4. #4
    Join Date
    Mar 2007
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    9,096

    Default Re: Multiple Drug Related Issues in New York (Very Long)

    Quote Quoting DestinationUnkown
    View Post
    I am not talking about the questioning. The part that I feel might be extortion is when the police officer told them they had 2 options, to turn in a larger drug dealer or to be kicked out of college. Police also have no control over sentencing and by threatning the two people in question feels wrong.
    Police officers are allowed to make deals with suspects.

    However, you are correct. They have no control over sentencing. Police officers are, however, allowed to LIE and say they do.

    Also the whole ordeal about talking to a dealer and setting up a meeting to purchase drugs doesn't seem like something a police officer is legally allowed to do.
    Happens every day.

    I was under the impression that only a district attorney or ADA can set this up.
    You are incorrect.

    It also seems like the police are putting my two housemates in physical danger by forcing them into this situation.
    Then they should refuse the offer.

  5. #5
    Join Date
    Nov 2007
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    1,419

    Default Re: Multiple Drug Related Issues in New York (Very Long)

    If you get caught with drugs,especially selling,the cops are gonna press you to sell out someone highier up the latter.There not gonna use nice tatics,they can lie,etc but it's legal.Your friends should just keep quiet and get a lawyer. Since it's a small amout your friend should just get probation,they should ask about an acd.Maybe a lawyer can lower the charge or get it dimissed somehow. Your friends should be more concern how a conviction for selling drugs is gonna effect them in the future,finding a job,etc.A little proabtion a fine,whatever,then 5 years from now it will bite them in the ass.

    This why it's a bad idea to be w. a lot ppl when there various drugs around,it just creates so much hassle.

  6. #6

    Default Re: Multiple Drug Related Issues in New York (Very Long)

    I just recieved a letter from the DA's office about the situation. The letter included what I was being charged with. It also stated that I appeared under the influence of drugs which is clearly not true.

    The big question I have was that this letter also included the names of everyone else in my apartment that are being charged and the evidence that was found on these people.

    There was one female in our apartment who was 17 years old. I am fairly certain she is being charged as a minor in this case. The letter included a variety of drugs she was found with including things like LSD and controlled substances without a prescription. Is the district attorney allowed to release this type of information about a minor?

  7. #7
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Multiple Drug Related Issues in New York (Very Long)

    You should worry about your case,maybe speak to a lawyer,in case they try and bring more chargers against you. Endangering the welfare of a child (it's a long shot about you never know),maybe they could add some other drug realted charge or something else.I would be concered about the police bothering me for info or other crap if i was you..Are they only charging you with one thing still? In new york 17 year old is an adult. The da prob going what the police report said.

    If all your charged w. is Unlawful Possession of Marijuanna,it should just be a volation. Maybe there a lawyer who has a free ph consulation or somewhere,where you can ask him question.When you go to court,see if you can ask a legal aid a few questions. The fact that the da mailed you letter could mean they have intrest in the case b.c it involded a group of ppl.The da already knows the law,mailing you the letter is legal.

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