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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23570
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son just called and said he had been arrested that he

Customer Question

Hi My son just called and said he had been arrested that he singed for a package and it was from Germany he said he did not know anyone and wrote return to sender with the intent of later contacting the delivery carrier to have it returned. A few minutes later the police knocked and arrested him. He said they said something about 2nd degree possession. What Can I expect? Thank you for your help.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Rochester ny this morning
JA: Have you talked to a lawyer yet?
Customer: no just figuring out how to get up there we are 4+ hrs away
JA: Anything else you think the lawyer should know?
Customer: just that Kyser is a great kid who just graduated from Rit and does not use drugs. I have been told that the police usually let several packages go through and so I assume Kysers signature would not match any of the other packages if in fact that's what they do.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 5 months ago.

Is your son presently incarcerated or was he at liberty? Was the package that he took in addressed to him or to someone else? Did he open the package before he marked it return to sender? Are you talking about possession of drugs in the second degree?

Expert:  Zoey_ JD replied 5 months ago.

If your son has been charged with Possession of a Controlled substance in the Second Degree, this is a very serious charge. It is a Class A-II felony. The penalties for a class A-II felony are steep. Upon conviction for this charge, on a first offense there is a minimum possible determinate penalty of 3 years and a maximum of ten. Alternatively, he can be placed on lifetime probation.

If he was incarcerated, NYS law requires that he be arraigned on the charges within 24 hours. If he has no lawyer, he would be assigned a public defender for purposes of his arraignment. If he is not indigent and can afford to retain a lawyer, the public defender would not typically keep the case beyond the arraignment period.

While the charges are very serious, you son was part of a sting here. Drug sniffing dogs are at postal sorting centers and UPS and Fed Ex centers, and when the authorities pick up contraband like this, they frequently follow it up. The delivery person is, in reality, an undercover officer, and once the package is taken into the premises, they can then send the back up team to arrest the recipient for possession of a controlled substance.

I cannot tell how strong a case this is against your son. I don't know if the package was addressed to him, for example or if he opened the package. Clearly, if it was sent to someone else at his address or if he marked it return to sender without first opening it, those would be facts which would be helpful to his case.

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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