QUESTION

What would the sentencing be for a first offender being charged with a small amount of schedule 1 drugs on federal property?

Asked on Aug 08th, 2012 on Criminal Law - New Jersey
More details to this question:
My friends and I were hiking at a federal park and we were detained by the park ranger for not allowing her to search my bag, then she called a K-9 unit, my bag was searched and I was arrested for schedule one mushrooms, about a gram and a half.
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15 ANSWERS

Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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You should be able to have the case deferred from prosecution.
Answered on Aug 15th, 2012 at 12:26 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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The cops can't search you just because they want to. You need to hire a good criminal defense lawyer right away. From what you've posted here, it sounds like you have a decent suppression issue. If a motion to suppress is granted, then you won't need to worry about what kind of time you're facing.
Answered on Aug 15th, 2012 at 12:25 PM

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You may have a defense as to the K-9 search. Were you all TRESSPASSING? Were you in a legal (public) area? Park Ranger has to have "probable cause" that a crime was being committed. She cannot just start searching anybody because she doesn't like them. Hire an attorney and fight this. Because it's FEDERAL property the PENALTIES GO UP EXPONENTIALLY. Fight this.
Answered on Aug 15th, 2012 at 12:25 PM

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Criminal Law Attorney serving Boulder, CO
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Depends federal or state - it sounds like you may have a good search issue in the feds, it is very much dependent on your prior record in the state, same, but schedule 1 mushrooms are a serious felony 3 - can be 4-12y of prison you need an attorney - do not mess around without one.
Answered on Aug 15th, 2012 at 12:33 AM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Just hire a good federal attorney. The feds have bigger fish to fry than a young person with shrooms. Should go away with minimal classes and community service.
Answered on Aug 15th, 2012 at 12:01 AM

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Criminal Defense Attorney serving Chicago, IL
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You need to consult a lawyer, who can check the federal guidelines. The case is probationable.
Answered on Aug 14th, 2012 at 9:12 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. The charges actually filed by the prosecutor will determine how much time and other penalties could potentially be imposed. You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing. If convicted of any felony in CA state court, you potentially face one or more years in prison, plus fines; on any misdemeanor in CA state court, you potentially face up to 12 months in jail, plus fines. If this is in no nonsense US District Court [federal crime committed on federal land], drug convictions may carry mandatory federal prison sentencing. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 14th, 2012 at 9:08 PM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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If on federal property, you would be charged under federal law, not state law. You must consult with an attorney specializing in federal criminal law.
Answered on Aug 14th, 2012 at 8:45 PM

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Gary Moore
The law of New Jersey as to possessing the drug would apply. A small amount of of a schedule one drug should be charged as a third degree crime, but the charge could be reduced by amendment. The sentence would depend upon the defendant's prior criminal record. A first offender might be offer a diversionary program, avoiding a criminal conviction upon successful completion of a program of supervision.
Answered on Aug 14th, 2012 at 4:40 PM

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Felonies Attorney serving Cocoa, FL
Partner at Gutin & Wolverton
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Most likely probation depending on the prior record.
Answered on Aug 14th, 2012 at 4:40 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need a Federal criminal defense attorney. Without a complete knowledge of the facts, no one can give an accurate answer.
Answered on Aug 14th, 2012 at 4:39 PM

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Gregory Graf
The federal sentencing guidelines will apply. I would have to know more about you and the facts before doing a computation. Is your case scheduled in Federal Court in downtown Denver or in the Magistrate Judge Court in the park. That will have an effect on sentencing and will tell me if it's filed as a misdemeanor or felony.
Answered on Aug 14th, 2012 at 4:39 PM

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Criminal Law Attorney serving San Diego, CA
Friend: The federal court system has specific sentencing guideline. But first you must be found or plead guilty. Don't be a defeatists.
Answered on Aug 13th, 2012 at 10:40 AM

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Bankruptcy Law Attorney serving Huntington Woods, MI at Austin Hirschhorn, P.C.
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Sentencing in all federal cases depends upon the charges, the facts, your prior record and the sentencing judge. If you can get the case diverted out of the criminal system and serve a probationary sentence with the charges against you being dismissed on successful completion of probation you will have accomplished the best possible result. As a first offender you get the benefit of your good behavior up until the time of the offense and you might be able to arrange a plea agreement that would not leave you with a permanent criminal record. Good Luck.
Answered on Aug 10th, 2012 at 1:50 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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You can probably plead it down to a lesser offense. Maybe even PTI so you do not have a criminal record. Call Counsel.
Answered on Aug 10th, 2012 at 1:38 PM

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