Legal Question in Criminal Law in New York
is there a lawyer on here who can answer this question:
This is a federal court case to say that to start with.
My question is if you are arrested for a certain drug can the prosecution change it so it looks like you were arrested with another drug and charge you accordingly under the other drug law? Such as if I was arrested with bath salt and there is no estanlished law on the books to arrest me under then can they put down that one gram of bath salt is equal to 100grams of weed and charge me with 10,000 grams of possesion of weed? Does this not sound corrupt?
Second question is:
Isnt the drug law the exact same wether it be in Federal Court or in state court or county court? IE: I have looked up the drug laws for Bath Salt and what got put in through senate was it says it was signed by governor of NY (NY is where i Live and where I am going to federal court at) and law says it is 15 days in jail or $500 fine for the drug. Would this stand up in federal court and wouldnt that be what guide lines they would have to go under? If not what is maximum or minumum law for Bath Salt in sentence terms in the state of NY currently in last year as of FEB of this year when this took place all I can find is the law for the drug Bath Salt is 15 days in Jail and $500 fine does this law stand true or since it is feederal court can they make up whatever they want because it looks more like I am getting railroaded and lied to all around?
Thanks please shed some light on Bath Salt and Federal Court laws for me thanks,
Ronald Tuttle
1 Answer from Attorneys
If you are prosecuted under the Federal jurisdiction, then federal law applies. You are asking complex questions , which should be directed to your attorney. If you do not have an attorney, you may contact my office@ 7188340087 to scheduale a consultation.
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