Judy was She made us feel relaxed, and did not try to scare us into hiring her. This material may not be published, broadcast, rewritten, or redistributed. Combating Illicit Drugs in the Mail - USPIS Type of Charge: Controlled substance in the 3rd degree, Sentence Imposed: Felony kept off the record and no jail, Final Deposition: Gross Misdemeanor sentence, Sentence Imposed: 30 days on electronic monitoring, Final Deposition: Sentenced as a gross misdemeanor. VOLCANO (HawaiiNewsNow) - A Hilo grand jury indicted a Volcano man for attempted distribution of drugs after he allegedly received nearly one pound of amphetamines through the mail Tuesday . Contact my Minneapolis law office to have a knowledgeable criminal defense attorney on your side. The long answer is a little more complicated, and were here to break it down. This means harsher penalties if you are caught. Once a package is seized, a person is liable to face prosecution in both the state in which it was mailed as well as the state in which it was delivered. Then it is likely that a drug dog will examine the package. Packages that go through first class shipping are in fact protected by your Fourth Amendment right. Mrs. Samson was just an amazing lawyer. Jeremy Mercier, 41, of . However, shipping 50 to 99 marijuana plants regardless of the weight will increase the offense punishment to 20 years and a 1 million dollar fine. Judith handled my legal issues with care and professionalism. The statute requires the mental state to be knowingly or intentionally. Delta-8s legal status currently exists in a gray area; while the DEA has listed it alongside delta-9 THC on its scheduled substances list, it hasnt been officially scheduled as such, yet. The USPS, as well as partnering law enforcement agencies, simply dont have the resources to try to figure out where the drugs are coming from and whos expecting them. Caught Sending or Receiving Drugs Through Mail - LinkedIn Address: 310 4th Ave S, Suite 1050, Minneapolis, MN 55415, Copyright 2023 Judith Samson, Attorney at Law, Judith A. Samson, Minneapolis Criminal Attorney, provides aggressive criminal defense services to clients in the Twin Cities and Western Suburbs of Minneapolis and St. Paul, such as Chaska, Hopkins, Plymouth, Minnetonka, St. Louis Park, Chanhassen, Wayzata, Shakopee, Maple Grove, Edina, Eden Prairie, Columbia Heights, Crystal, Golden Valley, Richfield, St. Paul, Bloomington, Shorewood, Edina, Brooklyn Center, and Excelsior, Roseville, Minnesota. If death or serious injury was also involved in the crime, the criminal would spend a minimum of 20 years, but not more than life, in prison. However, without the acceptance of the DEAs registration, you can face criminal charges for the misuse of prescription medicine. Most were commercial buyers with their own Australian resale sites. Be exempted from DEA registration, such as military, civil defense, and law enforcement personnel, in performing official duties. I dont know the answer. If the amount of marijuana is higher, or the drug is more dangerous-such as cocaine or heroin-then the penalties will be even more severe. Yes, you are committing a whole separate and additional offense when you use the mail to ship drugs. If you possess more than 30g, while still a misdemeanor, you can be sentenced . Even as DEA seizures od marijuana continue to decline year after year, its unclear if this trend will be reflected in weed packaged mailed. We got a great result one we could not have even hoped Judith handled my case in just one visit and I didnt even have to go before a judge. An Australia Post spokesperson explained that while the postal service "has an obligation to inform relevant authorities should it suspect the presence of illegal goods in mail items," it doesn't have the equipment to test for them. If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. The Postal Inspection Service conducts investigations of individuals attempting to use the mail for drug trafficking. It was most recently updated on May 18, 2022. Often when receiving drugs, they need to cross state lines to reach your home. She knows what she does and you can tell she's experienced and knowledgeable the moment you speak to her. This website provides information to help people resolve their legal problems. This button displays the currently selected search type. She was prompt to respond and very personable to work with. This automatically elevates your drug crime to a federal drug crime. The inspector can then get a warrant to open the package. Postal Inspection Service is committed to eradicating illegal drugs and their proceeds from the U.S. Mail. Maybe at a future time when all 50 states are legalized with marijuana it will be. Shipping drugs through the mail probably seems safer than it should be. I would recommend her for any case as she is very effective at getting your case handled. In order to open the package, the USPS must first obtain a warrant to do so if they suspect narcotics inside. See our Cookie Policy and Privacy Policy to learn more. I was worried that two misdeamnors would go on my clean record, I'd pay a high fine and end up Judith Called me on Christmas Day to take and review my case which took a lot of worry off my plate from a recent citation while on probation. For now, mailing marijuana in an amount less than 50 kilos carries a maximum penalty of up to five years in prison and a fine of up to $250,000 if you have no criminal record and you are not charged with other federal crimes that carry additional penalties. She will tell you. A one time small successful shipment most likely hasnt triggered an investigation unless someone has been in contact instructing so. This is why some have chosen to go about it online. "Just receiving a package without knowing its contents isn't sufficient to be convicted of a crime.". Examples of these have been leaked onto the dark net, if you're inclined to find out more. Crunching the numbers, the Postal Service faces an enormous task in preventing the trafficking of illicit substances. And the anonymity provided by the TOR browser and PGP encryption means your online movements are a lot harder to crack than barely-coded back and forth text messages. There is a list of factors based on the caseUS v. Angel Colonthat has been created to determine whether the package should be seized, which include the following: The United States Postal Service (USPS) is a federal entity. Actually, the data shows that its likely happening less and less. Oovvuu. Postal inspectors must acquire a search warrant based on probable cause before inspecting mail and parcels. The police were able to seize the drugs from the couple and open an investigation, however, there were never any answers from Amazon. You have been very pleasant, courteous and helpful in your dealings with our case. What Happens if You're Caught Getting Drugs in the Mail? - Vice Police: Auburn man arrested after receiving $3 million worth of Home Blog What to Do When Busted For Receiving Drugs in the Mail. In fiscal year 2011, the most recent reported, the Postal Inspection Service reported 1,327 arrests and 1,102 convictions in drug cases nationwide. 453 Controlled Substances and Drugs | Postal Explorer - USPS The biggest issue is that the line between what constitutes personal use versus a marketable quantity is a lot finer than you'd probably imagine. While this isnt marijuana, it does strongly indicate that FedEx and other private couriers will be scrutinizing packages much more closely for any illegal substances. And both the receiver and the sender can likely be arrested, face fines or possible jail time. Under Federal law, it is illegal to mail any prescription drugs or pills. In 2021, the DEA made less than 1,000 marijuana trafficking charges. They all also specify that shipping any form of marijuana remains illegal and unacceptable. When you drop your package off at the FedEx or UPS store to be mailed, youre putting the property into the possession of a third party, and the Supreme Court has ruled that giving your package to a third party removes any reasonable expectation of privacy. We should note that none of these couriers policies explicitly address delta-8 products. ", Instead of an army of sniffer dogs, international Customs operations use "risk matrixes" that raise red flags about certain packages. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. For a conviction, the courts require other evidence, such as statements from a witness, payments, email or other correspondence showing the recipient anticipated the arrival of the illegal drugs. ", Plus, if you're ordering from overseas, your mail probably isn't being as closely monitored as you think. Its totally at the discretion of the prosecutor. Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. But it is legal with the proper licensing that was mentioned above. Yet, while a number of people engage in the buying and selling of a wide array of narcotics online and shipping them just like your standard Amazon package, there are still a number who get caught doing it. link to How can I get out of a ticket in Texas? A postal inspector can seize a piece of mail and use a drug sniffing dog to confirm a reasonable suspicion that it contains illegal drugs. "In cases where people come into possession of contraband but don't know it, the courts have consistently found that not a crime," Miller said, citing a well-established legal principle known as mens rea, meaning "guilty mind" or criminal intent. "Australia Post does not have, for example, sniffer dogs, X-ray machines or explosive trace detectors," the spokesperson said. Twenty year mandatory minimum if death or serious bodily injury results from use of the drug. 1) any cannabis product that contains more than 0.3 percent THC should be considered illegal to ship in the mail, and carries risk of penalties like prison 2) industrial hemp is legal to mail throughout the U.S., but all applicable laws should be precisely followed 3) sending delta-8 through the mail should be thought of as a risk and avoided . While DHL claims to inspect 100% of their packages, they and other couriers are not required to x-ray all shipments. In terms of alternative carriers within the US, there are a number of private couriers. Despite these hefty risks, and the fact more than half the country has legal access to either medicinal or adult use programs, some cannabis users continue to dismiss the run-of-the-mill driving delivery system and keep mailing their product. They say the contraband isn't "in" the mail, but rather "on" it. In contrast to these policies, the US Postal Service seems like the preferred carrier for many drug shippers because it offers more stringent Fourth Amendment protection. Pennsylvania law breaks down the offenses and penalties related to marijuana into four main categories: Possession: If you possess 30 grams or less of marijuana, it is charged as a misdemeanor and punishable by up to 30 days incarceration and a maximum fine of $500. What are the consequences of receiving Marijuana through the mail Judith samson made me feel at ease. You can read about the specific penalties for each type of controlled substance being traffickedhere. Does Domestic Violence Charges Affect Gun Ownership? I was pleased with Judith Samsons work ethic..She worked from start to finish on my case, she explained in detail what was happining. Hennepin County Carver County Wright County Scott County Dakota County Anoka County Washington County Ramsey County. "If the police can't prove which computer the order came from, and all they have is evidence of it being mailed to an address in a package addressed to a name that isn't your name, then there's going to be the issue of proving 'exclusive possession. Like third party couriers, the USPS does ship compliant hemp-derived products within the US if state laws allow, and most states allow the shipping of delta-8 products. Namely, what is the risk of mailing or shipping weed or edibles through the mail? How to boil your grinder to clean it and get high at the same time. In the case of the Beach Park raid, Miller said that without seeing an investigator's sworn statement describing leads in the case, it's difficult to say whether there was sufficient evidence. According to their terms and conditions, FedEx not only prohibits the mailing of cannabis flower and THC products, but also hemp plants, oil, and seeds. The woman claimed that they felt something wasnt right when they received the order, that the containers had an extremely strong odor and were much heavier than they should have been. Sending or Receiving Drugs by Mail - The Rivas Law Firm, P.A. The information on this website is not legal advice. The package has been sent from Puerto Rico (a known drug source location), The package was sent from an address outside of the zip code of the return address, The name of the sender does not match the return address. Brown said the package was addressed to someone named "Oscar," whom he doesn't know. Made key points and cut out all the middle stuff and had a clear plan. We should also note that even if you did not mail the package and are only the recipient, your knowledge and participation in the planning of the shipping makes you just as guilty as the person who mailed the package. What is the Punishment for a DWI in Texas 3rd Offense? To paraphrase Gertrude Stein, traffic, is traffic, is traffic.
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