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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24052
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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was threaten to take some herion in to facility. gave it up

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was threaten to take some herion in to facility. gave it up when asked. was charged with trafficing drugs, herion; conspircey to distribute; taking contraband to prison.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Hi,. What state did this happen in, and what is your question?
Customer: replied 7 years ago.
Hi. This happen in the state of New Mexico. I was threaten that my fiance was going to be hurt if i did not comply. i was very upset, so when i was approached and asked i gave it up. they told me that they had heard about it on the phone and had police officers there. that if i did not comply that they would obtain a cavity search warrant. i was so frighten and upset that i gave it up. the facility detained me until the officers showed up. they had lied the officers weren't there. i was handcuffed and taken away. miranda rights were not read to me until about an hour and a half later. the drugs were given to me and at no time did i purchase them. i do not do drugs. i don't even drink , maybe only socially. the most i have ever had is a speeding ticket.
Customer: replied 7 years ago.
Hi. This happen in the state of New Mexico. I was threaten that my fiance was going to be hurt if i did not comply. i was very upset, so when i was approached and asked i gave it up. they told me that they had heard about it on the phone and had police officers there. that if i did not comply that they would obtain a cavity search warrant. i was so frighten and upset that i gave it up. the facility detained me until the officers showed up. they had lied the officers weren't there. i was handcuffed and taken away. miranda rights were not read to me until about an hour and a half later. the drugs were given to me and at no time did i purchase them. i do not do drugs. i don't even drink , maybe only socially. the most i have ever had is a speeding ticket.
Expert:  Zoey_ JD replied 7 years ago.
Sorry for the delay. Slightly crazy morning here.

Have you had your first court date and been arraigned on these charges yet? If not, when's your court date? Have you spoken to an attorney yet?
Customer: replied 7 years ago.
No court date as of yet. No i have not been arraigned. this is very recent. No i have not spoken to an attorney. they said there was gonna be a delay cuz it might be federal. because of the amount of drugs(10g), which i don't even know how much this is.
Expert:  Zoey_ JD replied 7 years ago.
You should find yourself a local criminal lawyer who can practice in both the state and Federal court systems. This looks to me as if it may be a much bigger thing than just one woman walking into prison with contraband.

The Department of Corrections routinely monitors (and may even record) all inmate phone calls. If you are being told that this may be charged as a Federal offense, then the authorities believe there may be a drug ring working to smuggle illicit substances into the prison, and they want that ring shut down.

You may know only one little piece of this -- the part that involved you -- but when the Feds get involved in a drug conspiracy case they cast a wide net, which makes you (even if you were misled and/or coerced into cooperating in the enterprise and know nothing about drugs) a target of their investigation, possibly only a low-level target but a target all the same, and a defendant.

It's been my experience that if the Federal government is possibly going to take on a case, the state won't prosecute. The charges you face are felony charges in New Mexico, however, and it's too early to say for sure whether the case will proceed against you on a state or Federal level. So the sooner you have an attorney, the better you will be prepared for any kind of an emergency. You don't have to do more than consult with one now, but you do want one you can call upon if there's sudden action on either the state or Federal front or if you are called and asked to give any authorities information regarding the incident or the background.

You are not the heavy here. but this is a very serious matter nevertheless. You need to get started right away on damage control.
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