QUESTION
Does he have a chance of winning this illegal drug case at all and can they convict him?
Asked on Nov 20th, 2012 on Criminal Law - Florida
More details to this question:
Someone mailed illegal drugs to my grandmother’s home address and my brother just so happen to pick up the mail that day. He did not open it, he just placed it on top of the counter and five minutes later, the police and DA came and raided the house. They didn’t find anything illegal in the house except for the mail that he picked up. It was addressed to another person that we do not know and there was a return address but we are not familiar with it as well. He was arrested and was questioned and forced to write false statements.
6 ANSWERS
Michael J. Breczinski
There is a chance that he could beat it. It would be better if he had not written any statements. He should have refused to give any statement at all.
Answered on Nov 27th, 2012 at 6:48 AM
John J. Carney
I do not know what really happened, but when drugs are mailed and the post office detects it they contact he police or FBI and they get a search warrant. Then they deliver the package and arrest the occupant of the house. They will manipulate the people in the house into admitting that they were aware that the package contained drugs, and most people are not very smart and will admit everything because the police will tell them it is in their best interest. They will threaten, promise, or scare the person into confessing and your brother apparently confessed. Innocent people do not confess, so I assume that your brother was the one who expected the package. The return address will be a fake one unless the person who mails it is really stupid, but the address it is going to will have to be correct or it will not get to that person. It may say "occupant" or have a false name, but the address will be accurate. I do not believe that your brother was "forced to write false statements" and the jury will not believe it either. That is just what people say after they realize that it was not a good idea to admit their guilt. You should retain a good lawyer to handle the case and tell him the truth, not the story you are trying to sell here.
Answered on Nov 25th, 2012 at 5:56 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you immediately contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your brother's arrest. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Nov 23rd, 2012 at 7:32 AM
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The false statements are a huge problem. Whatever your brother wrote, will be used against him in court. Everything you wrote before that could be well defended before a jury, but false statements or confessions are difficult. He needs a good lawyer immediately to help him through this difficult case.
Answered on Nov 23rd, 2012 at 6:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need a good criminal defense attorney NOW and before he speaks with any authorities again. Your comment regarding the "forced to write false statements" is very troubling, as such are potentially a confession and admissible at trial.
Answered on Nov 23rd, 2012 at 3:28 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Did it occur to you that he needs an attorney? Fighting cases like this is what criminal defense attorneys do for a living.
Answered on Nov 21st, 2012 at 8:38 AM