# Little cousin.....BIG trouble



## Endo (Mar 29, 2009)

Before you flame away, hear me out. I'm just curious how this might turn out. I'm not here to complain or accuse or place blame somewhere it does not belong. I'm just curious (actually my aunt and uncle are more curious) how this is going to turn out. My aunt and uncle want him to pay for his crime but they are concerned that he is being charged with more than he deserves.

Here is the story based on the police report:

My 19yo cousin was at a pool hall in the parking lot selling 3 dime bags to his buddy. While they were sitting there an officer drove by and witnessed what he reported to be "suspicious behavior". When the kids pulled away he followed them for quite a while (couple of miles based on the report) then pulled them over 1190 feet before they reached a school zone. The 1190 is based on the police report that says the suspect pulled over about 50-60 feet passed the intersection of ________ and ________. The officer never asked for a lic & reg he just pulled them out of the car, separated them and read them their rights. My cousin and his buddies immediately told the officer that he just sold his friend 3 dime bags and his buddy concurred and handed it over. When he searched the car he found a small scale, 30 bucks in cash, 30 bucks in marijuana and NO other drugs or paraphernalia of any kind. My cousin, according to the prosecutor, is facing 2 years mandatory because they are charging him with selling drugs in a school zone, possession, and intent to distribute. 

Not that it matters but I might as well tell you, he is a dumb fuck but not a hard core drug dealing kingpin. 3 dime bags was probably his biggest sale of his life.

My questions are:

Does the school zone charge hold any water?
The school zone law in MA is within 1000ft correct? Based on the police report he was 1190 when the pulled him over and it was 10 at night. The "deal" happened in a parking lot a couple of miles away. 

Can they get him for intent to distribute?
He only had 30 bucks worth of marijuana and the 30 bucks on him. Is the scale alone enough to charge him with that? Isn't there a minimum amount of marijuana you need to have in your possession before it qualifies for intent to distribute or does the scale trump that?


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## SPINMASS (Jan 30, 2004)

Could you pass the popcorn, I already got another beer.


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## Nuke_TRT (Feb 10, 2008)

Tell your little cousin he f'ld up, now he's going to be punished.

Yes the school zone holds water, no it doesn't matter what time of day it was. If he has a scale, then on my honest opinion he has thought his operations out. May he enjoy his stay and learn his lesson.


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## Endo (Mar 29, 2009)

Nuke_TRT said:


> Tell your little cousin he f'ld up, now he's going to be punished.
> 
> Yes the school zone holds water, no it doesn't matter what time of day it was. If he has a scale, then on my honest opinion he has thought his operations out. May he enjoy his stay and learn his lesson.


We have all told him he f'd up.

The biggest question my aunt and uncle had was how can they charge him with the school zone infraction when the report says he was pulled over at a specific spot that is over 1100 feet from the school property.

I actually just found the answer for them. I found this on Mass.gov

_For use with Instruction 7.800 (Distribution of, or Possession with Intent to Distribute, a Controlled
Substance) or Instruction 7.840 (Sale of, or Possession with Intent to Sell, Drug Paraphernalia) where
the complaint alleges that the violation occurred within 1,000 feet of school property or *100 feet of a
public park or playground.*_

He was definitely more than 1000 feet from the school but he pulled over right in front of a public park. It also clarifies that he didn't have to sell the drugs there, just be charged with intent which he was.


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## rocksy1826 (Nov 12, 2006)

1190 feet is 1190 feet closer to a school zone than I'm comfortable with. You really want to quibble over 190 ft? And you even state he was *directly in front of a public park*. I bet you went out there with a tape measure and everything.Your cousin was dealing drugs. Marijuana or not... they're drugs. Would you want your school-age kids encountering this ANYWHERE?

Telling someone they f'd up doesn't teach them like legal action does. The kid screwed up. He needs to do his punishment.

I'm not L.E. but I think the legal question of your cousins actions was answered *when he was arrested.*


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## csauce777 (Jan 10, 2005)

Endo said:


> My cousin, according to the prosecutor, is *facing 2 years mandatory*
> 
> Can they get him for intent to distribute?
> He only had 30 bucks worth of marijuana and the 30 bucks on him. Is the scale alone *enough to charge him with that?* Isn't there a minimum amount of marijuana you need to have in your possession before it qualifies for intent to distribute or does the scale trump that?


1) In this state, noone does two years for 1st offense poss. of marijuana (or any drug) w/intent. Hell, no one does two years for trafficking in marijuana, unless its a subsequent thing.

2) Enough to charge him? Your brain surgeon of a cousin admitted that he sold 3 bags of herb. That alone makes it possession w/intent.

3) Tell your cousin to get a fuckin' job and stop selling skunk weed to other retards.


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## Boston Irish Lass (Feb 13, 2009)

Endo said:


> Before you flame away, hear me out. I'm just curious how this might turn out. I'm not here to complain or accuse or place blame somewhere it does not belong. I'm just curious (actually my aunt and uncle are more curious) how this is going to turn out. My aunt and uncle want him to pay for his crime but they are concerned that he is being charged with more than he deserves.


Let me start by saying that I am not LE - but I will give you as correct as possible answers.

Your aunt and uncle are indeed going to get their wish. This is going to be on his record AND because he's in Massachusetts nothing is probably going to happen to him as long as he gets a good lawyer.



Endo said:


> My cousin and his buddies immediately told the officer that he just sold his friend 3 dime bags and his buddy concurred and handed it over. *When he searched the car he found a small scale, 30 bucks in cash, 30 bucks in marijuana and NO other drugs or paraphernalia *of any kind. My cousin, according to the prosecutor, is facing 2 years mandatory because they are charging him with selling drugs in a school zone, possession, and intent to distribute.


Exactly how much more proof do you need to charge him with? Not even Weight Watchers zealots carry their scales around with them.He admitted to it and still had possession of the next dime bag he was going to sell. And why is the prosecutor telling him anything?



Endo said:


> Not that it matters but I might as well tell you, he is a dumb fuck but not a hard core drug dealing kingpin. 3 dime bags was probably his biggest sale of his life.


Unless you were born into the mafia pretty much everyone starts somewhere on the small end.



Endo said:


> Does the school zone charge hold any water?
> The school zone law in MA is within 1000ft correct? Based on the police report he was 1190 when the pulled him over and it was 10 at night. The "deal" happened in a parking lot a couple of miles away.
> 
> Can they get him for intent to distribute?
> He only had 30 bucks worth of marijuana and the 30 bucks on him. Is the scale alone enough to charge him with that? Isn't there a minimum amount of marijuana you need to have in your possession before it qualifies for intent to distribute or does the scale trump that?


What he needs is a lawyer to answer these questions. The officer apparently already found enough to charge him.


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## CJIS (Mar 12, 2005)

I forcast Probation


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## Endo (Mar 29, 2009)

rocksy1826 said:


> 1190 feet is 1190 feet closer to a school zone than I'm comfortable with. You really want to quibble over 190 ft? And you even state he was *directly in front of a public park*. I bet you went out there with a tape measure and everything.Your cousin was dealing drugs. Marijuana or not... they're drugs. Would you want your school-age kids encountering this ANYWHERE?
> 
> Telling someone they f'd up doesn't teach them like legal action does. The kid screwed up. He needs to do his punishment.


I see that reading comprehension is something you possibly struggle with so let me help you out by clarifying a few points that I think you missed.

#1. I'm not "quibbling" over 190 ft. I am merely asking if the law says 1000 and he was beyond that, would the charge stand up?

#2. I did state that he was in front of a public park. I stated that in my response AFTER I mentioned the 1190 ft to the school zone because I researched the law and realized the charge had nothing to do with the actual school that was 1190 feet away but rather the public park that he pulled over in front of. In other words....I WAS ACKNOWLEDGING THAT HE IS IN FACT CORRECTLY CHARGED.

#3. I did not go out there with a tape measure. I was just trying to help my uncle figure out how this might end.

#4. Yes, I told him he f'd up and should be punished for his crime but NO I do not think that is enough.


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## TopCop24 (Jul 11, 2005)

Are we sure your "cousin" isn't you, Mr. 14 post wonder?


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## Nuke_TRT (Feb 10, 2008)

Endo said:


> I see that reading comprehension is something you possibly struggle with so let me help you out by clarifying a few points that I think you missed.


[-X


Endo, you asked your question looking for an answer, but your attitude regarding members responses sucks, and is detrimental in getting any valid responses.

If I were you I would concentrate on whether the officer was in proper uniform at the time of the stop. Was he polite? Was he out of his assigned patrol area? It's the little things that might help your case, sorry his case.


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## rocksy1826 (Nov 12, 2006)

Endo said:


> I see that reading comprehension is something you possibly struggle with so let me help you out by clarifying a few points that I think you missed....


apparently, it's not yours either.

My reply was probably the most polite you'll get. If he wasn't your cousin, you'd think differently. Learn to use google before posting questions you can easily locate the answer to.


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## Endo (Mar 29, 2009)

Guys, listen, its not my case. I'm 34, married with 2 kids and a successful business owner. Based on the report my uncle faxed to me I figured I would ask how bad his sentence would be because my aunt and uncle are worried. I figured you guys would know because you see this stuff all the time. That's it, nothing more, nothing less. Some of you chose to provide some insight and others chose to put themselves on the same mental plane as my uncle's dumb ass kid by responding with ridiculous dribble like "good luck with your...I mean your cousin's case" or "Telling him he f'd up isn't enough" or "I bet you were out there measuring it". Show some maturity. I presented the facts on the report and asked what the outcome might be. I'm not defending his actions and I'm not making excuses.


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## DNorth (Jun 6, 2008)

Nuke_TRT said:


> [-X
> 
> If I were you I would concentrate on whether the officer was in proper uniform at the time of the stop. Was he polite? Was he out of his assigned patrol area? It's the little things that might help your case, sorry his case.


An excellent point! If your cousin has some stroke of blind luck, one or more of the officers may have not been wearing a hat at the time of the encounter. Your "cousin's" lawyer can look up the MGL...


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## Endo (Mar 29, 2009)

DNorth said:


> An excellent point! If your cousin has some stroke of blind luck, one or more of the officers may have not been wearing a hat at the time of the encounter. Your "cousin's" lawyer can look up the MGL...


So I see we can add you two to the list of mature Rhodes Scholars. Maybe we can check and make sure the fork lift tires had air in them too.....Hey look, I got your nose!


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## kwflatbed (Dec 29, 2004)

Endo said:


> So I see we can add you two to the list of mature Rhodes Scholars. Maybe we can check and make sure the fork lift tires had air in them too.....Hey look, I got your nose!


OK enough smart ass comments NOOB take this as a warning.


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## Endo (Mar 29, 2009)

kwflatbed said:


> OK enough smart ass comments NOOB take this as a warning.


Fair enough but I was merely responding not initiating. I simply had a question. Should anyone else get warned or just me?


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## kwflatbed (Dec 29, 2004)

Your question was well answered case closed.


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