Legal Question in Criminal Law in New York
I have a freind in jail that has asked me to see what I could find out about attempted possesion in the 3rd class c felony, about sending drugs through mail. What happend was , some one sent him drugs through mail and someone somehow tipped off federal express,so the local police brought in a police dog to verify that the package did indeed have drugs in it. Well, the police kept that package and made a copy of the package sent and loaded it with dye so when it was opened it would cover the person in die to prove that that person opened the packege, well the package was never signed for and was never opened and he still got arrested for attempted possetion. The package was addressed to him, but it was intercepted and switched before he even saw the package,so he realy didn't ever receive the package. He apparently had it sen't to his mothers house and she refused the package,but they still arrested him. My question is does he have a leg to stand on and what does the attempted to posess consist of. Thank you. Great website.
3 Answers from Attorneys
Re: mail
My office regularly handles cases such as this. Attempted possession is treated exactly as if the posession had taken place, for the sake of punishment.
Generally, there has to be some proveable intent to receive the drugs on the part of the defendant.
In a situation such as this the Defendant would have available to him several defenses...
Contact our office for a free phone consultation. to further discuss your case, you may reach us at 212.709.8303.
make sure you contact an attorney ASAP, cases such as these allow for a lot more options earlier on... especially, if the case has not been indicted, there are many more options to a better result for your friend.
Re: mail
A defendant always has a chance. In the circumstances you describe his chances might be a little better. The question is: Is he, or anyone else, willing to come up with the money to hire a lawyer. Situation like that would be $10K up front to hire me, and that doesn't include the cost of a trial.
Re: mail
Yes, he's got two legs to stand on, if he didn't send the package to himself.
Attempted possession in this case is the allegation your friend was expecting the package and knew it was coming to him.
James S. Kats [email protected]
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