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Old 02-02-2006, 02:19 PM
canadian canadian is offline
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Default sentences for drug crimes....

what kind of sentences are the average people have gotten for being in possesion of large amount of cocaine? like millions of dollars worth.... does it help/matter at all if it is not a us resident that gets popped?? laywers are not a big deal, as that will be handled, im just sorta wondering what the best/worse case scenarios are....
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Old 02-03-2006, 08:40 PM
Gryphon Gryphon is offline
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Quote:
Originally Posted by canadian
what kind of sentences are the average people have gotten for being in possesion of large amount of cocaine? like millions of dollars worth.... does it help/matter at all if it is not a us resident that gets popped?? laywers are not a big deal, as that will be handled, im just sorta wondering what the best/worse case scenarios are....
Since you posted here, I assume you are asking about CA law.
Possession for Sale of coke H and S 11351.5) is 3,4, or 5 years. That much stuff could qualify a defendant for the upper term after a trial. Over 1/2 Million and under 2 million value is a 1 yr. enhancement. (H and S 11356.5(a)(1) and 11356.5(a)(2)). 11370.4(a) covers quantity enhancements. The worst of it is that over 80 Kilos carries 25 years. Over 1 Kilo carries a mere 3 years, and there's a scale upwards from there that carries increasing time.

Now, the Feds will be a bonus problem. For that much $ worth they'll be interested. There's nothing to prevent being convicted under both CA and Federal statutes.
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Old 02-03-2006, 11:43 PM
canadian canadian is offline
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1-it was substantially more than 80....
2-it is supposedly not going federal, and is staying in state as far as i know....
25 yrs max minimum ????
but im sure any good legal team will be able to get around most of that right??
it doesnt matter that the defendant is not a us citizen? they never make deals to get them the hell out of your country?
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Old 02-07-2006, 03:12 PM
Gryphon Gryphon is offline
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The defendant might not find out about Federal interest until after the state prosecution. A state conviction often simplifies the Federal case, so sometimes teh Feds come late to teh party. (The Feds know that if they file, the State will want the Feds to go 1st. Filing late makes the state do the hard work.)
I have no way to know whether the defendant or defendants are guilty or not guilty. That's a great deal of dope by any county's standards; the issue will be whether they can prove who "possessed" it. Possession is different than ownership; possession is the ability to exercise control over an item if somone wanted to. DA's get elected to public office off the P.R. from cases like that. This case will get special DA attention; and they'll try to pop off a head or two.
For those not in possession, there could also be liability. Being a co-conspirator or an accessory, for instance.
No, on big cases you wouldn't expect a "get out of Dodge at sunset discount". Those are generally reserved for light weight cases that'll soak up local social or medical resources in a futile way. I'd expect any plea bargaining to be based on proof problems or perhaps trial complexity.
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