CRIMES AND PUNISHMENT 2021 Part Three
DRUGS AND CONTROLLED SUBSTANCES
Why First and Foremost?
70% of all inmates in prisons have been convicted under some DRUG CHARGE!
Ten million (10,000,000) felons have served time for a Drug crime and are on Probation, Parole or fully released in America today! The media would have you believe that these “drug” arrests are all major “dealers” and “distributors”, a menace to society. As it turns out the vast majority of these convictions are related to the growth and use of marijuana until about 2018. That is when some states decided to legalize weed. To argue the pros and cons of the laws that make this possible is not the point here. The fact is, it is against the law to grow, use or sell marijuana.
Unless you were caught “red handed” with drugs as a result of a traffic stop and search, seen actually doing a transaction or otherwise found with some sort of “drug” you have been part of an investigation for some time. It is likely that someone that you know well has told authorities that you use, buy or have sold drugs in the past or are now engaged in that activity. He or she did this in the hopes and expectation that their charges will be reduced or forgiven for providing this information. The more individuals caught in the “criminal enterprise” as a result of informants the better the informants “deal”. Your name may have been given to authorities just because someone knows someone who might have mentioned your name at one time or another. You may never have been involved with drugs or lightly used at a party just once. The authorities do not care. They have your name and you will be charged and could be convicted simply for this one indiscretion!
If the authorities can find a phone record or one other witness against you where there was a connection between you and the primaries in the investigation you will likely go to prison! Sometimes they don’t even need that.
Law enforcement and the Prosecutor will “stack” charges on the drug charge to assure a conviction by you “pleading out” (pleading guilty to a lesser charge) or overwhelming the jury in a trial with so much legal gobbledygook they cannot do anything else but bring back a guilty verdict!
Here’s how it works. Drugs may or may not be found in your possession.
If they searched your house or vehicle legally or illegally and found drugs….or….
If they found a beaker, glassware, Drano, gasoline, ammonia, acid, alcohol…or….
If they “heard” that you, at one time or another used, bought or sold drugs….or….
If they can tie you with a phone record to any known drug seller, user…………or….
If anyone said they saw you once or more using or selling or buying…………..or…
They have you an tape or video actually planning or doing a drug “deal”……or…
Getting the idea?
The authorities can and usually add charges from the Criminal Code like:
Conspiracy (means anything that the Government wants it to mean!)
Intent to commit conspiracy, believe it or not! (Government can foretell the future)
Conspiracy with Intent to Distribute (See above)
Conspiracy with intent to Manufacture (as in the case with meth)
Intent to manufacture (believe it or not!)
Attempted possession, believe it or not! (Government can read your mind!)
Part of a Criminal Enterprise - or RICO (A bunch a guys regularly doing “crime”)
Interfering with Interstate Commerce (This is the catch-all “crime”!)
Money laundering (frequent or large deposits and withdrawals from a bank)
Quantities or weight of drugs found (sometimes exceeding what they really found)
And woe to you if a firearm of any kind is found where you have access to it, called “Dominion and Control” of that firearm. That becomes the weapon used in the commission of a crime. The crime of the Drug Trade that you are accused of being engaged in and will add several years to the sentence should you be found guilty! The more firearms that you have “Dominion and Control” over the higher that sentence will be.
You may have legal recourse to prevent any evidence against you found in your vehicle after a traffic stop from being used against you! You must act quickly after your arrest, preferable during the Arraignment process to have this “evidence” suppressed. Here is how certain courts have ruled. If, for example, a law enforcement officer (local, state, Federal) has asked you to leave your vehicle and subsequently restrained you with handcuffs either in his vehicle or by his vehicle
began to search your vehicle without your permission (NEVER, NEVER, NEVER
GIVE PERMISSION) and found something incriminating that he would not be
able to see otherwise, he has conducted an illegal search and whatever might be
found that might incriminate you cannot be used against you!
THE OFFICER MUST HAVE “PROBABLE CAUSE” to search your vehicle after a stop and restraint. By being restrained you already have been searched and pose no further threat to the officer, nor could you have tampered with any clearly observable “evidence” that might be used against you, therefore, you no longer have access to your vehicle where a weapon or other threat to the officer may be available to you. This also could be argued if you were apprehended outside of your residence. Be advised, however, that if the officer sees or smells alcohol, the odor of “weed” , that your coherency is impaired or that there is clearly something visible in your vehicle by simple observation, these are actionable items that can result in a valid argument for PROBABLE CAUSE. Whatever evidence found and statements made regarding that evidence at the scene can and will be used against you! However, law enforcement is not legally allowed to go on a “fishing expedition” to see what they can find without a PROBALE CAUSE WARRANT issued by affidavit to a sitting judge.
All bets are off, however, if, as a result of your traffic stop law enforcement has found outstanding warrants for you on their “Want and Make” NCIC search under your name or the vehicle registration. You are, in essence, a fugitive under that Warrant and certain aspects of your “Rights” no longer exist. A search will be conducted and, while you may argue later that the search was illegal, you are not likely to get a favorable ruling from the court to withhold anything found that could be used against you to enhance your charge(s).
The government will confiscate any and all assets that they believe were attained through what they define as a Criminal Enterprise. Again, a Criminal Enterprise can mean anything the Government wants it to mean! They will freeze bank accounts, take stocks, bonds and anything else that they can find, and they can find anything of record through illegal searches! They can and will confiscate vehicle, boats, tools, jewelry, home(s), cash and anything else of value pending the outcome of their prosecution whether you are guilty or not! Even if you are released soon after apprehension you may not get back anything that was confiscated by Law Enforcement! You must move quickly to have these assets protected, moved or otherwise preserved as soon after indictment or arrest as possible. Trust no one but your closest confidants in this endeavor. You will pay your lawyer serious money to have him work through the process to have your possessions and assets returned and he may not be successful anyway!
A WORD ON ALCOHOL AND THE GOVERNMENTS “WAR ON DRUGS“!
In 1919 the United States Congress passed something called the Volstead Act. It became known as THE NATIONAL PROHIBITION ACT. In its infinite wisdom the U.S. Government attempted to legislate morality and America’s alcohol consumption. This law prohibited anyone from manufacturing alcohol, from consuming alcohol in establishments and from selling alcohol except for scientific or medicinal purposes.
In one fell swoop of a pen a large percentage of Americans became law breakers overnight. These individuals hoarded alcohol before the law came into effect or began to frequent the newly established “Speakeasy’s” that sprang up all over major cities. Payoffs to law enforcement authorities assured continued business for these Speakeasy’s. Those who wouldn’t co-operate were raided and arrests made until the owners fell back into line with the payoffs.
Worse, this law created a whole new breed of criminal as it became apparent that Americans were still going to consume their alcoholic beverages. These new “criminals” began to distill and import alcohol from every source that they could find in Canada, Mexico and Great Britain. The price of alcohol skyrocketed but people continued to buy, just as they do with drugs today. For 13 years this law was in effect and during that time the violence on the streets of New York, Philadelphia, Chicago and other major cities became a near nightly occurrence as Italian, Irish and Jewish “gangs” struggled for territory and profits! Sound familiar?
Many multi-millionaires were created from Volstead Act as a result of their criminal activities, not just the “Gangster”! Joe Kennedy, the Patriarch of the famous Kennedy clan made his fortune illegally importing alcohol. Armand Hammer, a Jew, former Chairman of Occidental Petroleum and Communist supporter and sympathizer began his fortune by using alcohol in other flavored medicinal products. Little known is the fact that he was the Uncle of former Vice President and Global Warming expert Al Gore! Those are the most notable that come to mind. There were hundreds of others.
Today, the Courts have ruled in certain cases that a prior conviction of a DUI, regardless of the circumstances, have put you in the category of a “violent criminal” or having committed a violent crime! As preposterous as this sounds it is indicative of how the courts will got to any length to win convictions and impose heavier sentences.
The lesson in all of this? The Government regularly makes criminals of otherwise law abiding citizens simply by passing legislation or the Courts regularly interpreting laws jeopardizing the freedoms of the American Public. All of this in the interest of preventing serious crime or certain groups of individuals to continue their criminal enterprise. We now see Law Enforcement and the courts looking the other way while our cities are looted, burned, citizens threatened and attacked and even going so far as to declare a sovereign city within a city! Anarchy is not far away if this continues.
Consider this: The Government passed the HEALTH CARE bill. Included in the fine print of this NATIONAL HEALTH CARE (called Obmacare by some) bill are clauses which require that every qualified person “contribute” to the cost by mandatory “purchasing” insurance annually. Thankfully this was overturned by the Trump Administration but may very well become law of the land under the new Communist administration! Enforcement for this required “purchase” fell under the Internal Revenue Service (IRS) jurisdiction. Failure to “purchase” this insurance would have resulted in fines and/or imprisonment! The public had no say, no vote and was in jeopardy of losing their freedom if they did not comply with this new law!
Along the way, Law Enforcement makes arrests under broad interpretation of their duties and overzealous Prosecutors prosecute these individuals “to the fullest extent of the law” which can mean anything the Prosecutor and the Courts want it to mean! It is not by accident that almost 30% of all those incarcerated throughout these United States are non-violent, victimless “criminals” put in this confinement due to spurious law and interpretation! They have no business being incarcerated and yet, people like these are being arrested and convicted daily in the Courts throughout the country. You could be next, or maybe you already are!
Up until the 1930’s anyone could walk into a drug store and purchase as much cocaine and grow and smoke as much marijuana as they wanted. The original Coca-Cola (Coca= Cocaine) had cocaine in it until it was declared illegal!
These drugs became illegal as a result of the founding of the Food and Drug Administration (FDA) at the same time. The FDA controls much of the Medical, Pharmaceutical and Food industry with a fist of iron even though it actually operates under Maritime Law (remember the 25,000,000 laws in America).
Methamphetamine and a whole plethora of other DRUGS are illegal as we all know so well from the media attention it gets and the numbers of convicted drug felons whiling away in prisons across the country. The government particularly doesn’t want John Q. Public involved with marijuana and Meth because these DRUGS can be cultivated or manufactured by ANYONE! Cocaine and Opium (Heroin, Morphine) are DRUGS that are harvested in other countries and require a sophisticated network to smuggle into the United States. That is, unless you are the United States Government. They are the largest “importers” (read smugglers) of drugs anywhere! The reason that the government is so harsh on our own homegrown varieties of drugs is that you are eating into the INTERNATIONAL DRUG TRADE sanctioned by the government. They want you on their drugs, paying them instead of your friend or dealer down the street who has his cottage industry of growing marijuana or manufacturing drugs (Meth, Ecstasy, etc.). That is not to say that a large amount of weed and meth isn’t coming across our borders. It is. These products are not generating revenue to the U. S. Government.
Remember, the Government is bankrupt and needs a steady supply of unaccountable cash to fund many off budget programs. Our foray into Viet-Nam and Afghanistan was and is largely to provide these unaccountable DRUG funds to the Government. Manual Noriega was our drug conduit to the Columbian Cartels until he “skimmed” too much. While at the CIA George Bush 1 put Noriega in as El Presidente of Panama for this reason and took him out later for skimming too much when Bush became President of the United States! Bush invaded a sovereign foreign nation with Marines, laid siege to the Presidential Palace in Panama City and finally seized Emmanuel Noriega. He brought Noriega back to Florida where he was tried and convicted and sentenced to seventeen years in a Federal prison. Amazing! All the while the U.S. Government continued to smuggle drugs into this country using the CIA, military and private companies.
The next best thing is to impose Draconian sentences on those that they arrest, and arrest they do. More time, energy and dollars are spent by law enforcement to apprehend and arrest DRUG “DEALERS” than any other crime! Why! First, to give the impression that the United States Government is really concerned about the drug problem in America. Second, follow the money. The real idea is to remove the competition from the streets. How much money and drugs disappear after the arrest, on the way to the evidence room or disappears from the evidence room? How much money disappears is more of the question after a raid? A lot!
The drugging of America is an accomplished fact. Alcohol is passé now and drawing scorn from the media blitz with the intent to move the populous to drugs. DUI check points, Mothers Against Drunk Drivers, Rehabs, AA and an entire industry of social workers, counselors and interventionists has come into play to shame everyone who drinks. The huge “busts” given large coverage by the press as the Border Patrol or Coast Guard discovers tons of ….pick a drug… are for show to lead the American to believe that we are serious about stemming the tide of drugs to the United States. After 40 years of the WAR ON DRUGS and millions of citizens sent to prison, the United States has more DRUGS and people using DRUGS than ever before. The expectation that they will deter another from dealing is a farce because it simply makes the product more expensive and attracts more to the “trade”.
Moreover, the Government is part and parcel to the Drug Industry’s mantra…”A pill for every malady”. The Government wants the public on drugs, especially the psychotropic or mind altering kind. From cradle to grave we are bombarded with advertisements for some sort of drug by the Pharmaceutical Companies, all condoned and sanctioned by the Government! Rarely does one hear of a driver being ticketed or arrested for being under the influence of “weed” or cocaine or heroine. You are asked to “blow” into the BAC machine for alcohol and, unless you give a blood or urine test you will not be found to have drugs in your system. This is not a condoning of drinking and driving but the implication that alcohol is involved in so may traffic deaths or accidents belies the fact that in a large percentage of those statistics, the person not drinking caused the accident or death. It just so happens that the person who has alcohol in any amount in their system is either at fault or generates the statistic of “alcohol involved“. The government wants you on drugs, not alcohol! They don’t make nearly as much revenue on the tax on alcohol! However, local towns inn any state are always clamoring for money. A DUI can generate more cash to the courts than a simple red light or stop sign infraction.
The FDA and pharmaceutical companies are constantly barraging us with advertising for their drugs. Depression, Pain, Sleep, Anxiety, etc., etc.. The worst of the worst is the drugging of our children because they are “hyperactive” or have “Attention Deficit Disorder”. They see their parents taking one form or another of a pill and zone out. They are given any assortment of drugs to "calm" them and are addicts before they reach puberty! The advertisements for drugs are so prevalent that you can’t open a magazine or turn on the TV without seeing full page ads costing tens of thousands of dollars trying to get you to buy their DRUG! Yet, nearly every one requires a Doctors prescription which he will gladly give you and you get to pay him to prescribe it for you! And if the Drug is good enough (Oxycontin, Vicodin, Demerol, Valium and Percocet come to mind) these become street drugs sold at a premium for those who want to get high, low or die! America will never be without DRUGS without a major cultural change about our mores and morality. What is the solution? More prisons? More Law Enforcement? More Courts? More Judges? More Prosecutors? More Rehabs? More hospitals? Abstaining????? Ha!
Of course, legalizing all drugs will de-criminalize sellers and users and make them more cheaply available under controlled conditions. The United States is not ready to adopt this viable solution. Nonetheless, people who want to get high, get low or die will always use SOMETHING and there will be others to provide that SOMETHING as long as money can be made. The cost to society is enormous in lost work, medical, theft, assaults, impaired decisions, break up of the family, death. People who want to use will find their drug of choice somewhere. Arresting and removing “dealers” from the street only result in another taking their place.
When all is said and done DRUG DEALING is simply a BUSINESS!
With some glassware, heaters and cheap chemicals available at any grocery store and $40.00 worth of raw material starting at 7:00 AM; by 7:00 PM that very same day one person can convert pseudoephedrine (or the real stuff) into $1,400.00 of saleable “product”! That’s 30X profit excluding labor which comes out to being paid over $100.00 per hour! By the way, that is just a one ounce “batch”. Consider the enormous profits making a one pound “batch”. And it takes no longer to manufacture than one ounce!
A street dealer with little or no education can make more money in a month than an engineer or scientist or a college professor can make in a year!
Is it no wonder that the “War on Drugs” is lost, will never be won and that the laws, enforcement and associated costs are totally futile! Especially when the fact is that this street dealer just as often as not sells his product to that engineer, scientist and college professor!
THE METH CULTURE:
Methamphetamine use is rampant throughout the country today. Heavy users are called “Tweakers” . Meth results in chemical changes within the body and in the psyche of the user, severe and dangerous when used over long periods of time.
Meth becomes extremely addictive in as little as one use! It will keep the user awake for days at a time, reduce appetite and, after prolonged use, Tweakers will do nearly anything to get another “fix”. It is not uncommon for them to break into automobiles for saleable items, steal whatever they can from them as well as the auto itself, commit burglary, lie, cheat or steal from family and friends to get enough money for their habit.
Over time, due to diet and the chemical itself, teeth will rot in the gums and discolor to a dark color, a sure sign of Meth use. Thought processes become confused and incoherent. Nervousness and erratic behavior are the norm. Unless this is checked the user can suffer Gran Mal seizures and even die. All the while believing that all he needs is another fix to get well.
Some experts claim that Meth is the most addictive drug ever to come on the scene in America. Until Fentynal came along they could very well be right. They are the most potent of “highs”, far exceeding cocaine………and meth is home grown (manufactured), easy to obtain and easy to “cook”.
A drug charge can easily bring you a stiffer prison sentence than murder, especially in the State “System”. Drug “kingpins” can get 20 years and a murderer will get less than 10! The government loves “Kingpins”. These are identified as Drug Dealers who have a Distribution Network where investigators have found that 3 or more individuals have purchased some sort of Drug from the “Kingpin”. It makes for good headlines and gives the Prosecutors some real traction in their careers. Nearly all drug charges brought against an individual are a result of someone informing (“snitching”/”narcking”) on him. An arrest is made on an individual in possession of some drug and he is promised leniency if he tells where he bought the drugs and who else might be a seller. They, in turn will do the same and so on and so on until a case will be brought to the court with a multitude of co-defendants, many not knowing or ever seeing one another, ever! Often, only one transaction ever took place and just out of curiosity. Being in the wrong place at the wrong time. A one minute transaction can land you three years in prison. The more the drug the longer the sentence. And we’re not talking tons here! The difference between a few grams of meth and a few ounces of meth is the difference between 18 months and 5 years. A pound or so can get you ten years. Cocaine and heroine are in a league all to themselves. The list in the sentencing guidelines is long and covers nearly every possible quantity, and the government is very specific about quantities!