penalty for receiving drugs in the mail

She will tell you. I hired Ms. Samson and she handled my case quickly, professionally, and the price was right! Imagine this scenario: you've bought yourself a ten-pack of pills from a vendor on a dark net. If your registration has been approved, then you are allowed to ship the prescription drugs through the mail. The best defense against these charges begins with a thorough investigation of the case by a tenacious federal criminal defense attorney. Still, if several packages in a row have failed to turn up, it might be time for the buyer to "give it a rest," Dr Martin said. By accessing this site, you accept the Terms of Use and Privacy Policy. A good lawyer will examine every aspect of the prosecution case to uncover any violation of rights or procedural errors. Since the USPS operates on federal law, it remains illegal and risky to mail cannabis and cannabis products anywhere in the US, including out of the country, state to state, and within a state, even if medical and/or adult-use laws are in place. Each subsection of the law is different and needs to be read with the specific facts. Unfortunately, using private services like UPS or FedEx allows the shipping service to open any package at their discretion. It is impossible to know how many packages successfully are mailed. By providing us with your email address, you agree to Leafly'sTerms of ServiceandPrivacy Policy. She was always easy to get a hold, we were consistently on the same From the moment Judy became my attorney she has been always there to answer any questions or concerns whether I call her office or personally. "Australia Post does not have, for example, sniffer dogs, X-ray machines or explosive trace detectors," the spokesperson said. In the past 10 years, total volume has declined by more than 56 billion pieces (or 26%), first-class mail volume has declined by 34.5 billion pieces, and single-piece first-class mail (primarily letters bearing postage stamps) has declined by 24.4 billion pieces.This translates to $47 billion in operating losses since 1971. Then it is likely that a drug dog will examine the package. This can be difficult if there's no paper trail and the parcel is addressed to a fake name. The United State Postal Service is different. While it can be difficult to convince law enforcement that the package shipped to your home with your name on it is not yours, it doesnt mean it is impossible. Are people getting away with mailing cannabis? This may seem obvious, but at this point in time it is not wise to send drugs through the mail. First-class letters and parcels are protected against search and seizure under the Fourth Amendment, and, as such, cannot be opened without a search warrant, said Julie Kenney, regional spokeswoman for the U.S. MAJOR RESULTATE (total weights): Methylamphetamine 40.6kg Cannabis 25.3kg Drug 13.5kg Heroin 2.2kg MDMA (Ecstasy) 855g Steroids 507g Additional Seizures: Cash $61,150 AN (dead) Scorpion Two spiders Various juices, tablets and capsules still till be identified Numbers of drug seizures by federal ACTING - 29 NSW - 21 NT - 89 QLD - 381 SA - 35 This is why some have chosen to go about it online. This means that it is not a strict liability crime. Today more than ever, drugs are illegally distributed via mail services like USPS, Fedex, and UPS. It was the worst and most humiliating experience of my life. Under the USPS Inspection Serviceinspection guidelines, first-class letters and packages are protected under the Fourth Amendment. People sometimes send drugs through the mail because unlike FedEx or UPS, the U.S. Namely, what is the risk of mailing or shipping weed or edibles through the mail? Judy was She made us feel relaxed, and did not try to scare us into hiring her. But not yet. For one Florida woman, she received an unexpected delivery after ordering shipping bins on Amazon. Postal inspectors play a key role in helping wage the nations War on Drugs, including cannabis. In addition to removing illicit drugs from the mail, Postal Inspectors investigate and arrest criminals and disrupt drug trafficking networks across the United States. "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. This automatically elevates your drug crime to a federal drug crime. It is 5 years. Surely you get arrested right? If you know you are receiving a package that contains drugs or another banned substance, you face the same consequences as the person who mailed the package. I contacted Judy from a referral I knew and she took my call right away and we met and discussed my case. Home Blog What to Do When Busted For Receiving Drugs in the Mail. How long is your license suspended for a DWI in Texas? Florida is extremely strict when it comes to drug trafficking, and you could potentially face felony charges. We pursue traffickers of all forms of illegal narcoticsincluding marijuana, which remains illegal under the federal Controlled Substances Act and is therefore unmailable. In fiscal year 2011, the most recent reported, the Postal Inspection Service reported 1,327 arrests and 1,102 convictions in drug cases nationwide. Another option is to request a judge or How do I get my license back after suspension in Texas? What to do After a Car Accident Thats Not Your Fault. They said the goal is achieved by prohibiting mail containing illegal items, investigating criminal activity and dismantling the dark web, which allows drug dealers to sell their goods through an internet connection. So if you live in a state that allows it, yes, you can ship delta-8 products (minus vapes) through the USPS. link to How do I get my license back after suspension in Texas? Your mail is afforded a certain amount of privacy, and if they opened your package to discover drugs, you may wonder if your Fourth Amendment right is in breach. You make the process very easy to deal with and you explained everything clearly to us. The police were able to seize the drugs from the couple and open an investigation, however, there were never any answers from Amazon. Under the criminal code, importing as little as 0.5 gram of MDMA or two grams of coke can see you charged as a drug trafficker. Without convincing incriminating evidence, it is more difficult for the prosecution to have a strong case against you. Still, buying drugs on the dark net is theoretically far safer in legal terms than walking past sniffer dogs at the gates of a festival with a bag of pills in your underwear. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. Affordable Criminal Lawyers in San Antonio, Can I check my Drivers License Status Online. It requires knowledge or intent. One which is can I get in trouble for when I mailed marijuana a long time ago?. Additionally, as a government agency, the United States Postal Service is subject to federal law; any illegal use of their services is a felony. They are also coming down hard on offenders. 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. FedEx, UPS, and DHL all specify in their terms of service that they reserve the right to open and inspect any package at their own discretion. Postal Service cant open anyones mail without a search warrant. Judith is sharp, focused, and intuitive. That means anything under 50 grams can potentially get you up to five years in a federal penitentiary, and the penalties only increase as the amount grows. DHL accepts packages containing hemp plants and derived products with under 0.3% THC, but only within the US. When it comes right down to the illegal transportation of cannabis via mail, USPS isrelatively!your safest bet. 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. Her work ethic is beyond measurable and is very evident in court. Apr. For example, FedEx policy prohibits shipping [a]ny item otherwise prohibited by federal, state or local law, rule or regulation. If you are caught attempting to ship any illegal items listed by FedEx, then you would likely face Floridadrug charges. 445 Broadway Suite 126. If the dog alerts that something suspicious is in the package, then a warrant would be issued to open it. That was huge to a person like me who had never ran into any law issues before. The statute of limitation for non capital offenses is 5 years. We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. The Postal Inspection Service conducts investigations of individuals attempting to use the mail for drug trafficking. An investigation or surveillance will most likely take place with bigger and more frequent mailing operations. Luckily for Peter he was eventually released with time served. Jeremy Mercier, 41, of . Judith handled my legal issues with care and professionalism. Why is it so important to test cannabis products? Yes. Records say that when Hill was arrested, he alleged said he had known the methamphetamine source in California for approximately one year, and they charged him $500 per ounce of methamphetamine. For more information on drug charges and specific penalties, read here. 720-507-1884. matt at red dot law This blog did not cover many of the other drugs, besides marijuana and prescription drugs, that may get mailed. The black market, even in adult-use states, continues to thrive, so many might find mailing weed a lucrative endeavor. This automatically elevates your drug crime to a federal drug crime. However, the penalty can vary depending on the regulations of the state. There are many more punishments listed for the long list of illegal controlled substances that are illegally distributed by mail. Smugglers Blues: US Legalization is Crashing Mexicos Cartel Market. In this case, the drug packages DID cross state lines. 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. It was most recently updated on May 18, 2022. We use cookies for certain features and to improve your experience. "That's usually not how it happens. There are a number of defense strategies you can employ in this case that a defense lawyer can take advantage of, ranging above and beyond the old standard of thats not my package. If you have been arrested for receiving drugs in the mail, contact us today to let Judith Samson help you. Possession of a controlled substance of list 1 chemicals has some exceptions to the requirement to register with the DEA such as the following: To make matters more subjective, the Attorney General, by regulation may waive registration for certain manufacturers, distributors, or dispensers if it is consistent with public health and safety. The USPS tells Leafly that the anti e-cig law will apply to the entire vaping industry. The big three outside of USPS are FedEx, UPS, and DHL. You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? Perhaps, as cannabis becomes increasingly mainstream and regulated, the lure of the black market will wane through easier access and the realization that shipping the drug is no longer worth the risk of harsh federal charges. GRIFFIN received a 20-year federal sentence, and must serve 10 years of Supervised Release, which is the statutory maximum penalty that could be imposed by the Court. Is it illegal to receive drugs in the mail? In 2015 alone, they seized 34,000 pounds of marijuana from mailed packages. These seizures have led to thousands of arrests. It is illegal to mail prescription drugs in most instances. The quantities do vary state-by-state, and you can find a full list here. Mens Rea is a latin term for guilty mind. However, although postal inspectors do have to obtain a warrant to search a suspicious package, suspicion alone is enough to get parcels singled out and tracked. The following is a list of controlled substances commonly seized from drug packages in the United States: USPS is not the only means of shipping drugs in the United States. ", Plus, if you're ordering from overseas, your mail probably isn't being as closely monitored as you think. For a free consultation, call 407-644-2466 or contact us online. Examples of these have been leaked onto the dark net, if you're inclined to find out more. In Fiscal Year 2019, Postal Inspectors made 2,562 arrests involving drug trafficking using the U.S. Mail and seized over 150,000 pounds of illegal narcotics and nearly $25 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. Is it really such a bad thing to put some eighths in the mail? Information provided by this website or this company is not a substitute for individual medical advice. Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas. However, she said delivery of drugs through the mail seems to be a growing trend in recent years. If the package is being shipped under fake names (which USPS computers can easily discern), it attracts the attention of drug sniffing dogs, or has been shipped from a monitored, known drug shipping address, they are within their rights to get a warrant and open it. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. "Just receiving a package without knowing its contents isn't sufficient to be convicted of a crime.". Providing criminal defense to Minnetonka Criminal Lawyer, Eden Prairie, Edina, Bloomington, Eagan, Burnsville, Bloomington, Farmington, Hastings, Maplewood, St. Paul, Arden Hills, Anoka, Criminal Defense Minnetonka Colombia Heights and throughout the Twin Cities. Get good reads, local deals, and strain spotlights delivered right to your inbox. Although she did not wish to be named due to safety reasons, thenews reportindicated that a local woman and her husband opened their Amazon shipping bins to find 65 pounds of marijuana. So are you going to get hauled away by the cops, or is it just not worth it for the already clearly busy Border Protection forces? The penalty for receiving drugs in the mail is drug trafficking charges. See our Cookie Policy and Privacy Policy to learn more. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. In order to open the package, the USPS must first obtain a warrant to do so if they suspect narcotics inside. Let's say you are receiving drugs in the mail from an "out-of-state" sender. Be it prescription drugs or over-the-counter drugs when such mail is identified, and it will be seized and destroyed. If they find drugs, they will use an undercover law enforcement officer to deliver the package. . Some appeals courts don't find sufficient probable cause for such a warrant based solely on the delivery of contraband, Miller said, and might require additional evidence. Most Americans can access illegal substances with a simple click thanks to Internet access, Dark Net markets, and social networks like Instagram. The dopest content, straight to your inbox. Postal Service Doubles Down on Cannabis Enforcement, Issues Nationwide Policy. If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. Increasingly favorable legislation in the US, coupled with Canadas federal legalization and Mexicos recent decriminalization, means more legal avenues for cannabis careers, and by extension, a drop in related crimes. Receiving illegal drugs through the mail is clearly a crime but only if there is proof it was done knowingly and intentionally, legal experts say. There are a few different options to get out of a ticket in Texas. As soon as the couple opened the bins, they found a large amount of marijuana and immediately called the police. But some states have passed their own laws against shipping and selling it, likely because its products do not have to be tested and regulated like delta-9 THC. She reassured me throughout Judith responded right away as I reached out to her. Postal Service to send and receive narcotics, authorities said. I got a DUI back in January, after a New Years Eve party, and was really distraught about what it would do to my record and my reputation. She knows what she does and you can tell she's experienced and knowledgeable the moment you speak to her. what happens if you get caught posting yourself drugs, what happens if you get caught buying drugs online. Posted on Feb 15, 2012. 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. It is important to remember this when considering your rights in the federal justice system. Red Law. The US Post Office says postal inspectors across the country work every day to protect postal employees and the American public by leading the effort to eliminate drugs and contraband in the U.S.. https://www.erictorberson.com. 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. What Qualifies as First Degree Assault in the State of Minnesota. But we know what youre thinking: How many of those billions of packages being mailed each year contain cannabis? Thorough and effective in preparation and in the courtroom, compassionate and responsive with us as clients. However, without the acceptance of the DEAs registration, you can face criminal charges for the misuse of prescription medicine. And both the receiver and the sender can likely be arrested, face fines or possible jail time. In addition to seizing cash obtained through criminal activity, postal inspectors have used federal forfeiture laws to seize houses, vehicles, boats, artwork, and other high-value items purchased with drug money. Sending mail through the United States Post Office (USPS) has been a common way to send items back and forth for fifty years. The judgement shall include at least 4 years of supervised release in addition to imprisonment. What happens if the drugs do not belong to you? The potential penalties double for a second offense - up to ten years and a fine of up . This post was originally published on July 26, 2016. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. If you are facing any charges in this area please call me or contact me about your situation. Help for Assault Family Violence Causing Bodily Injury. This would apply to a shipment of marijuana. 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. A package may catch the attention of authorities for several reasons. These penalties can vary, but because shipping drugs through the mail system is such a rampant crime, they typically like to make an example of those they catch. 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. Even if a parcel is picked up in the post, police still have to prove that it belongs to one particular person to charge them. Drug Squad Commander Jason Smith did offer the warning that "a drug conviction can have a long term impact on someone's life, in many cases limiting career prospects and making it difficult to obtain visas for overseas travel.". Receiving Drugs in the Mail is a Federal Offense. Denver, CO 80203. She always answered my calls personally, and was available when I had questions, keeping me stress free, no worries. Jeremy Mercier, 41, was arrested on charges of aggravated illegal importation of drugs, aggravated trafficking in fentanyl and violating bail. I would like to thank you for your assistance in my dad case. Often when receiving drugs, they need to cross state lines to reach your home. The user shall not be required to provide any personal information when mailing the medication to a collector. Getting your Texas driver license back will depend on the reason it is suspended. See 21 U.S.C. 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. kasm radio obituaries, healthy options at kobe steakhouse,

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