Hello everyone I have an on going case i'd like to speak of and let you guys in on some info i'm going through. I have a option of 4 years probation and admitting to manufacturing of the substance. Or jury trial possibly fail and get 15 years charged and felony. Honestly I don't know witch one to go with. I believe a jury of my peers would stand up if they heard it was being used legally in some churchs in North america. By the way i'm in south carolina/ (bible belt state). I honestly don't want to be on probation but the 15 year sentence scares the shit out of me. Most i've done is two or three days county jail before. So i'd like to hear your guys opinions on how i should handle this situation! please! i've already put so much money into lawyers and bailing out and being about to walk around free.. I just don't know what to do guys..

I'd be inclined to say that a jury in South Carolina is going to find you innocent or guilty based on the evidence presented by the prosecution. They aren't going to juror nullify the charge because it's crazy that it's illegal, and most likely jurors will be your average citizen as jury selection would probably dismiss anyone who seems to be a free thinker in regards to the war on drugs.

I appreciate the response. My lawyer said I should take the probation. I guess it's the only logical option(that doesn't risk my freedom) and less anyone has any smooth tricks to present to the jury/court people I should know about(that makes a big indention or stand) But as you said the jury here will proble just be average joes. I hope no one has to go through this situation. But someone got charged with dmt in my state for just having MHRB( they used the amount of rootbark as the amount of dmt he had) Guess I better pack my bags or something

Get a good lawyer.

I will say this, most of the time they don't want you to take your case to trail, so they will threaten you with an absurd punishment so you take their plea deal, if they are offering you a really good deal, it means they are probably think that they would lose in trail, or that they don't have much of a case against you...if you know that they have solid case against you, you may want to consider the deal...your lawyer is supposed to help you with decisions like this, your lawyer is also supposed to be working with the prosecution on your behalf.

if you don't have a good lawyer you are probably not going to be able to make informed decisions here.

What exactly are you being charged with? "Manufacture of a controlled substance"? Perhaps with "possession of chemicals with intent to manufacture?

In one case a man got 7 months in prison, in another case two individuals received 3 years probation, however every case is unique, and looking at the sentences of others really is a poor gauge for what may happen in your situation.

Get a lawyer. A good one. And remember to not give them information regarding anybody but yourself.

the story of eleusis
http://lycaeum.org/~chemist/

-eg

Mea culpa, the post regarding your lawyer was not present when I sent my last post.

-eg

Basically, my two cents on your question (& thats what its worth, please dont make life decisions based on yhis advice) If you have a court appointed attny, take the probation, period, end of debate. If, IF, you can afford an expensive private lawyer that specializes in drug charges, then discuss WITH THEM, your options.

PS- They arent your "peers", most likely wont be a jury poolfull of trippers, but rather old white republicans who dont like funny lookin wierdos.

^^^^

Does extraction also go by the term "manufacturing" it?



Where I live, that happened several times...although not being charged for manufacturing.

That's IMHO one big disadvantage of extracting yourself: You make yourself prone to much higher charges.

If you were in possession of a schedule one substance in crystalline form you can go ahead and abandon any notions of using ayahausca/daime/udv/onac/south american heritage or any other plant medicine indigenous/religious tradition based defense, it's not gonna fly when you got a pure scheduled substance.

Personally, I'd discuss with your attorney the options for getting the charge dropped down to possession for personal use rather than manufacture, as from what I understand the amounts involved fall quite reasonably within the realm of personal use and not distribution. Defense along the line of recrystallizing dirty drugs is harm reduction not manufacture. Of course that depends on whether or not you've already admitted to manufacture in your interactions with law enforcement and how willing your lawyer is to advocate for you.

Jury trial is not likely to work in your favor in this case as you don't have a good defense. You were in possession of a scheduled substance you have to accept the repercussions of that, but it's up to the prosecution to demonstrate you in fact manufactured that substance or intended to distribute it and that really all boils down to what you have or have not said in your previous interactions with law enforcement and the judicial system.

Best of luck, and please be careful how much information directly related to your case you post in this public forum.

The criminal justice system is designed to make you.take the deal they want you to take the deal thats why your two options are 4 years of probation or possibly 15 years of hard time. The system is like a casino and you have to remeber the house always wins (well almost always the exception makes the rule. 4 years probation might seem long but its nothing compared to 7 and ahalf years of prison (im assuming youll get out early for good behavior.)
Good luck with all this and thanks for sharing with us.

Absent Thoughts,

I'm truly sorry for your situation. The absurdity of the drug laws, and the penalties, is a constantly bothersome subject for me, one that I think about in some form or another every single day.

I wish I had some advice to give you, but I'm not a lawyer, and the suggestions of others here have been sensible given a lay person's perspective.

I am curious, if you are able to share, what the circumstances were that got you wrapped up in this. I don't want to know what you did or didn't do (please only share any such information with your attorney) but rather what precipitated all of this? Was this a situation involving a neighbor or something? If you aren't comfortable answering I understand, and if I'm crossing a line by asking please forgive me and feel free to ignore my question.

I sincerely hope you receive a good outcome from this, as good an outcome as may be possible in such a situation.

It was found in the process of precipitating out. SO in they're eyes it would be really hard for me to say i wasn't manufacturing even if it was for my own use. I dropped the female that allowed these clowns into my household while i was sitting at the edge of the road where they held me till they found something to charge me with(for the people that were curious how it happened). I appreciate the help you guys are giving and making it feel like i'm not in this alone. I appreciate that very much.
I'm pretty sure i was the victim of loose lips, Almost positive. Probably that females damn friend running her mouth or her. Both. Who knows. Love ya guys! just letting you guys know my situation. Probably will be a recluse after this >.>

I would absolutely not risk 15yrs...Take the 4 yrs probation. You don't have a good defense against a jury unfortunately.

I'm really sorry about your situation. The government is an abominable creature sometimes. Best of luck to you.

It is incredibly painful to read of this.
I can't imagine going through what you are going through.
I will hope for the best for you.

What is your specific Charge?

On your court paperwork what is the charge listed as?

-eg

I wish you the best of luck mate there is no greater injustice than putting someone in jail over a victim-less crime

15 years what a joke next they'll be throwing people in jail over sniffing their own farts and what happens if I'm in front of a fan and I have no choice?


Sore.

Possesion of marijuana 10 grams or less.

Manufacturing a Schedule 1,2,3 substance or flunitrazepam or analogue. With intent to distribute( cops put that because I had empty gel caps)

--That on this date in this locale. One DoodManMe did commit the offense of PWID/Manufacture of a Schedule 1 substance, Locale code of laws 44-53-370 to wit: the defend did have in his custody and control a yellow crystal like substance that was found to be dimethyltryptamine(N,N,DMT) a schedule 1 controlled substance. the substance was recovered during a consent search of the defendants residence. the substance was recovered along with a clandestine laborartory inside of a small refrigerator that was located in the defendants bedroom.

so is the above saying you agreed to let them search your home? why did they want to search your home - just wondering how you got caught

I feel for you AT, I can't offer advice.
Capsules can be for anything, what a stretch to turn that into 'distribution' intend.

See post #11

A female staying with me let them into my house while they held me at the road( i was skateboarding and they followed me back to the house) they wanted to search the house apparently on an "anonymous tip"