Busted!! I need some advice!

[sickshroomer]

Hey sup guys?? Well this is my first post on mycotopia, but i have browsed quite a bit.. This is one of the best sources on the net for info on all things related to mushrooms!!!

Anywayz. I was growing some cubes for personal usage.. I had 2 caseings, composed of 6 pints of Rye Grain Spawn, and 1/2 a brick of bed-a-beast (coco-coir) each.. These where on there 4th flush, and i had just picked near an ounce. I had these chilling in a basket.. Oooh and i also had 12 pints of partially colonized rye.

Well, I end up getting into a fight w/ my wife father (I know dumbass thing to do) Long story short.. Cops come in, find everything..

Well here is my question... I live in Indiana USA. I have searched and searched ever since this happened, it was last friday... I can't find a single peice of info on what type of punishment I will most likely recieve?? I have found a few tid-bits of info on different site about this, but nothing to solid. One guy got caught w/ a shitload of pot plants and like 160lbs of shroomz, and several caseings and the like, he got 3 years prison.. Which seems light compaired to my situation, by which i mean, i only had a ounce of actual mushrooms... But this was in Cali, and need i explain the dif. between cali and IN?


I posted this on another site i have been posting on for a long time, and i got the shit flamed outa me.. Mistakes happen, and i hope you guys can help me out and showing me how a community can stick together, and help one an other out..

(The posts i've seen that start w/ BUSTED or something else related, they all end up being like, a serious question, then ends up being tips on how to be quiet and how not to get busted.. Well, i'm already busted.. I have not been indicted yet. I'm just very worried.. I don't want to go to prison.. Over just a few mushrooms, which were for my own personal usage. So pls refrain from leading this thread away from what I started it as.)

Thank you all so much!! I look forward to comeing on here tomorrow and seeing some decent replys!!

Also, I ask that you pls send good vibes to me and my family in this harsh time!!! That truly makes a difference.

(If i don't reply, that means i've been arrested )


Victim of the war on drugs,
SS

[ifyoucouldsee]

I wouldn't be so worried...
It'd prolly be best to stick to Reagan's story though
"To the best of my recollection, officer, I don't recall."

[dragonstud725]

welcome to topia, Sorry to hear about your situation magic mushroom laws vary from state to state here is a link that explains it better than I ever could, good luck

http://www.erowid.org/plants/mushroo...ooms_law.shtml

[eastwood]

I doubt you will get an active prison sentence.More like a suspended sentence = Probation.( example 6-8 months department of corrections.Sentence is suspended under 2 years probation,random drug tests,complete a alcohol an substance abuse program.yada yada yada etc..

Basically they are going to offer you a plea bargain.They don't want to send anyone to prison for mushrooms (nonviolent offense) but if you have a criminal record (depending on your prior conviction level) its possible.

States go by structured sentencing guidelines..Do some research on this or ask you attorney.

Make sure you hire an good attorney to handle your case.

EDIT:Im confused.Were you not arrested?

[wayback]

Indeed, what were you actually chared with? This forms the basis of what action the law will take, of course, those bastards always have the option of either upgraging or lessening the charges aginst you.

Since you live in a state where they probally don't run into too many of these type of cases, my personal opion is the authorties probally won't be too hard on you, because the forces that be usually work on precedence.

Anyway, if you are still shakey on this subject, contact your local University Law school and have them run a check on a legal computer data bank called "Lexus Nexus". Given the right keywords this data base will reveal all or any cases about mushrooms in your state that either resulted in incarceration, or hopefully no convictions at all. I used Lexus Nexus in a business law class and it's great, you can find just about anything you want. Unfortantly, if you go to your local law offices, the last time I checked they wanted about $2.50 per minute. So if you take the University course of action itwill not only save you money, but they may be able to add some extra enlightment.

Don't worry too much, I don't think the pigs in your state has come into contact with too many operations of you kind, and if you didn't actually have any dried or fruiting product, they mostlikely wouldn't have a leg to stand on. Wish you the best, and try the Lexus Nexus network if given the chance; you'll be amazed at the things you can find in their data base.

[lionelfire]

Got any priors? Were you within 1000 ft of a school?

[Lazlo]

Originally Posted by lionelfire

Got any priors? Were you within 1000 ft of a school?

Perfect questions. Prior record is a biggie when it comes to any kind of trouble. Drug free school zone infractions are taken very seriously.

[weeeeeee]

sorry about that man why is it that the cops were in your place looking around in the first place i mean what were they investigating

[Mermaidia]

Have they charged you with anything?

http://www.jug-or-not.com/shroom/law.html


This link here: http://www.jug-or-not.com/shroom/statelaw.html

Says that in your state it's a Class D Felony, knowingly or intentionally possesses a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana or hashish

[Lazlo]

Originally Posted by weeeeeee

sorry about that man why is it that the cops were in your place looking around in the first place i mean what were they investigating

Domestic disturbance calls give the police every right to visually search the home where the disturbance happened.

[Lazlo]

Unless there's a weapon involved. In which they'll rip through the home until they find it.

[nodnarb1978]

Originally Posted by ifyoucouldsee

I wouldn't be so worried...
It'd prolly be best to stick to Reagan's story though
"To the best of my recollection, officer, I don't recall."

Not to hijack but wasn't that something Oliver North said...?

[Lookyhere]

I'm sorry to hear your story. Shit happens. I'm also sorry that you went to a different site and they gave you a bunch of shit as apposed to trying to help. Anyway, here's my 2 cents.

Priors are a big thing. Drug priors especially in this case. Kind of like "are you a habitual drug offender?" They will offer you a plea bargain and drop the charges down. They always want to do that so that it doesn't go to court and they don't have a chance on losing. If you are not currently a felon, then I seriously doubt that they will want to take away your right to vote, your right to bare arms over a few personal mushies. It will be dropped to a misdemeanor with probation, probably community service, and probably some drug classes IMO.

This is the best advice I can give you. Call a lawyer. There are so many pages of lawyers in the yellow pages. Just start calling them. Most of them will have to get back to you, because they are in court or with a client etc... Almost all lawyers will do a free consultation over the phone. Some lawyers may scare you a little so that you hire them. A lot of lawyers are dickheads, but there are so many that are cool as shit too. There are some that will be willing to give you advice and tell you what to expect without wanting anything in return (those are the cool ones). Don't just call 1 lawyer or 2, call a BUNCH. The more that you talk to, the more information you can get. Don't tell one lawyer that you spoke with another lawyer and he said this..... Just milk them for information, if they are not busy often times they will seriously help you by giving you a lot of information for free. Good luck, and good vibes sending your way.

BTW Welcome to Topia!

[Santiago]

Ah, getting wrapped up in the system sure does suck hard - and make no mistake, whether you do time or not, you've got some harder times than you're used to ahead.

Best case scenario: Big court fines when they drop your charges down to something that'll keep you out of the pokey, and probation/parole costs for a while.

Worst case scenario: Like people say, this varies greatly by state. Find a good drugs lawyer to talk with - these are quite often the coolest ones. When I got in trouble, my lawyer was actually found in the back of High Times, or maybe on the NORML website. These are the types of lawyers you want - that specialize in drug cases.

Something else to consider - if you're in an area that has high drug-related crimes due to the bad ones - coke, crack, heroin, meth - then they'll take it a lot easier on you with mushrooms, because they have bigger fish to fry. Just stay proactive, treat your situation like a second job, getting as much information as you can. Stay as positive as you can, "this too shall pass".

And good luck.

[kagejubei]

wel it depends on local laws dealing punishment of a felony "possesion of analogues". That and probably another felony manufacturing charge. At least you can get a general idea of the minimum to maximum time usually given out for these charges. They hardly ever give out even the minimum for a charge if you havent ever had any priors. But if you have been in the system before then you better get ready for"Uncle frogs Wild Ride". Also what is gonna matter is your statement. As long as you claimed personal use or self medicating you wont get a distribution Charge. Another potential felony. I hope the best for ya. If you havent been in the system before you their might even be a local state law for first time offenders. That and first time offenders sometimes get off pretty good.

[Lookyhere]

I got nailed with 98 plants before. It was illegal search and seizure so I got off. I asked my lawyer if it hadn't been illegal search and seizure what would I have gotten. He told me most likely just probation for my first offense. This was in Colorado. I then moved to Texas. If me and my partners got nailed in Texas, there is no way we would have been so lucky as to walk away with probation.

[sickshroomer]

OK guys.. Heres the dealio, I'll answer a few questions...
Well first let me thank the mod for moveing this post, I'm new to posting here, so i don't know exactly what goes where...

No, i'm not withen a 1000 feet of a school...
Yes, I have 2 possession of marijuania charges, both misdeamenor.
No i haven't been arrested, I got the feeling the police had no idea what they had, besides they where shroomz and i'm a young guy w/ tatts. I beleive they will test them, and then "get back" to me..

I'm working on several different angles here, i'm doing EVERYTHING i can to better myself and stuff.. To look better on me.. Such as i start college on June 9th, and I've got a job...

Also, i did not incriminate myself in anyway.. Besides to say they were for my own personal use. And that my wife had no idea what they were.. They didn't find any kind of money, they was like, we know your a dealer, yadda yadda.. I'm like dude go look in my safe, look in my wallet.. I literaly had like 1 dollar and some change...

Weird thing is, they passed over several resonated pipes, my spore syringes, digital scales, all kinds of things the cops would of took otherwise.. Its a weird situation, i had some rye grains in the fridge, and they took them.. I told them we feed the ducks em.. But, get this, they said "Those are mushroom seeds" fucking retarded...

Ok my labtop is running low on juice and i'm at starbucks w/ no cord.. So i would like to say THANK YOU ALL i now know you guys rock way more than the S-word.org.. I really appreciate the support, i'm not so scared now.. Anywayz, i'll come back and check up in a few hours!! Thanks again!!

-SS

PS Keep them good vibes headed my way!!!

[lionelfire]

If those priors for MJ are more than 3 years before your new charge, they shouldn't be a problem accord. to Indiana law. So the possession charge probably can be pled down to class A misdemeanor. Thats the good news. If the casings and jars come back from the lab testing positive for psilocybin, you more than likely will be charged with manufacture of controlled substance. Also, if the DA is a dick, he could throw in possession of paraphernalia. I can't stress enough the importance of getting an attorney now, even if you haven't been charged. If they found mushies, and they have psilocybin, barring any fuck-ups at the lab, you will be charged.

[TVCasualty]

Hopefully they'll open the jars up to get a closer look at those "seeds," and some funk will get in and contaminate 'em. Might not help, but couldn't hurt...

I trust all the other stuff you mentioned has been removed from the house? And you have a lawyer, right?

Otherwise, say nothing to anyone about anything, answer no questions, and always look to be on the verge of crying when talking to the authorities about this issue "ohmygodIgotinovermyheadI'vegotmywholelifeaheadofme What'llIdo??" all coming out in one shaky panicked plea is good, and believe it when you say it. Even thinking something like "You fucking retards" is not good; thoughts like that always somehow show on our face, and they (judges especially) don't like that, regardless of whether we're otherwise saying all the right things. The court system is just another S&M parlor, and it's pretty obvious which role you are supposed to play. Defiant submissives really turn cops and judges on; they get to bang their little hammer (or your head, depending) while they show everyone who's boss. Try to avoid that.

You're just someone who didn't know that it was such a bad thing; you genuinely did not know that mushrooms were bad/illegal/wrong. You would never have considered growing if you'd only known.... etc.

Good Luck!


P.S.: Did you kick his ass?

[Hippie3]

i did not incriminate myself in anyway.. Besides to say they were for my own personal use. And that my wife had no idea what they were..

you incriminated yourself that minute you implied that you knew they were there and what they were,
then you admitted guilt of possession when you protected your wife.
shut up
now
and get a lawyer.

[dice4717]

Originally Posted by Hippie3

you incriminated yourself that minute you implied that you knew they were there and what they were, then you admitted guilt of possession when you protected your wife.
shut up
now
and get a lawyer.

Totally Agree, You have the right to remain silent you should do so, thats what a lawyer would tell you to do.

[rocketman]

Originally Posted by Hippie3

shut up
now
and get a lawyer.

anything other than this is unnecessary information.

[MycoChondria]

Originally Posted by rocketman

anything other than this is unnecessary information.

To err on the side of discretion seems to be very good advice indeed, whether you have, or have never been, busted. Good luck.

[wendal]

First things first.

If you didn't already: DO NOT ADMIT TO ANYTHING

SAY NOTHING!

Get a lawyer. Do not even chit chat with the police without your lawyer present.

And once again, let them figure it out. Do not offer up any info!

[TexaSGuy]

Get all that other shit out of your place, the scales and pipes and whatnot.

I know they're still there. Even if you got rid of the scales (I hope to god the second the cops left you destroyed and then burned any scales you had, before burning the ashes again and dumping them in another state), I know you have a pipe somewhere. That needs to go too.

What is likely happening right now is some guy in a lab is playing with his gas chromatograph to make sure it's up to spec before he runs a bunch of samples from your jars and mycelium and stash. When those tests come back positive, the word will get to a dick (detective) who will pass it on to the DA. Depending on what mood the DA is in, he might decide to slap manufacture with intent or something similar to that.

Then comes the second police raid, where they send in the real cops, the crime lab boys, who know what they're looking for. And they will find every pot seed, every stem, every mason jar, everything that the first set of cops missed. If they find a scale, have fun explaining that in court fighting your intent to distribute charge.

Or, like everyone else said, you will probably get off with a slap on the wrist.

But, seriously, get rid of anything even fucking remotely illegal or questionably illegal (like, for instance, salvia), just in case you do get that second visit from the cops, this time with a search warrant.

You can NEVER play it too careful with Johnny Law, cause if he wins, you're proper fucked.

[reedunphyfromireland]

deleted

[Lookyhere]

What? If you grow shrooms you can get cracker dry shrooms from your closet after you dry them. Sponsors sell Amanita Muscaria which are legal, but yet active. This is not a thread for that.

[peacegrow]

I'd get everything out of the house. They may get a warrant and come back in.

[anti-oedipus]

i agree with hippie3. "All things should be kept as simple as possible. But no simpler"