If you’ve been charged with receiving marijuana, or any other drug, by mail, there are some things that you need to know.
Ordering marijuana online is never a good idea. For every legitimate supplier there are countless other scammers. After all, who are you going to complain to if you get ripped off?
But beyond the risk of losing your money, having marijuana shipped across state lines remains very much against the law. If caught, you will be lucky if all you face are state-level charges Even for small amounts or a first offense you can face prosecution in federal court.
Even if you haven’t been visited by the feds yet there remains the possibility that they will also pickup your case. Under the legal doctrine of separate sovereigns you can actually face separate charges (and separate sentences!) in both state and federal court for the same offense.
So what should you do if you were unlucky enough to be arrested for ordering marijuana by mail? First, you shouldn’t make any statements, answer any questions, or consent to any police searches until you first consult with an attorney. No exceptions.
If you’ve already given a statement all hope still may not be lost. There are ways to challenge the admissibility of statements (for example, was Miranda correctly given or did police have probable cause to even approach your house). But even if you’ve already made a statement don’t compound your problems now by continuing to talk. Remain silent until you consult with an attorney and they advise you otherwise.
You should also understand that you are now on law enforcement’s radar. Whatever you were doing, you should stop. The odds of you getting pulled over in your car, or having the police show up at your house or place of employment with a search warrant have all substantially increased. Having one drug charge pending is bad enough; you don’t need to pick up new charges while the first one is pending.
I can also tell you that if there is a secret to a successful result for a drug charge, it is to get to the point where you can pass a drug test as soon as possible. I’ve seen countless examples where having a clean drug test by the time a case came up for court made a huge difference.
Also know that these cases are not hopeless. Beyond the legal challenges that can be brought, there are usually fact-based defenses. There are also a variety of out of court solutions to these cases that can help you avoid jail, and depending on your situation keep a clean record. For example, you might qualify for the pre-trial intervention (PTI) program. Since these cases are usually in General Sessions you’ll want to hire an attorney before your initial appearance, and then let them be the one who asks about PTI for you.
The lawyers at the Law Office of James R. Snell, Jr., LLC have experience in representing clients arrested for receiving marijuana by mail. If this is your situation, or that of a loved one, you should contact us for a free consultation.