Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

My son just called and said he had been arrested that he

Customer Question
Hi My son just...
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: 1 year ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
6/29/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,107
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

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

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year 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?

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year 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.

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,107
28,107 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
What does criminal intent or criminal contempt mean? My son
what does criminal intent or criminal contempt mean? My son is being held on this, but they won't tell him what the crime was.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,107 satisfied customers
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,107 satisfied customers
With no previous criminal record what is the possible
With no previous criminal record what is the possible penalty for a charge of misuse of communication devices that include harrasment and 1 possible threat. I live in Westland Michigan… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
If someone has both a civil and a criminal restraining order
If someone has both a civil and a criminal restraining order against me, and I want to report criminal behavior on their part, can I be prosecuted for harassment? For instance, he is a 3rd grade teach… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My criminal case was dismissed without prejudice for
My criminal case was dismissed without prejudice for sexual aggravated assault on a child,case could not be proven beyond a reasonable doubt.can this case be brought back to court and long will it sta… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,514 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
60 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
Criminal trespass 2 iregon. Iregon Oregon. I was hunting
I was hunting killed an elk. Packed it out via roadway versus way I got into woods. Upon retrieving my truck and loading elk noticed logging road closed do to fire season. No harm no fail - wrong. A couple hours later was cited & animal confiscated as evidence for criminal trespass. I recently got a letter reducing the charge to criminal trespass 2 . As I read the law it has to do with a motor vehicle. I never drove on or past any closed area. All on foot.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I facing charges of Larceny second degree. I'm confessed of
I facing charges of Larceny second degree. I'm confessed of taking $1000 from petty cash at work. But I did not take that money. I confessed because of all the thing the detective was accusing me of d… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
I wanted to know how do I go by getting a second degree
Hello I wanted to know how do I go by getting a second degree assault charge drop before court date … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
I was charged with second degree of breach of peace and my
Hi I was charged with second degree of breach of peace and my arraignment is tomorrow. What advice do you have for this part of the process… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
I have a second degree rap charge deferred from 2002 i was
I have a second degree rap charge deferred from 2002 i was 18 my girlfriend 15 we both consented she became my wife is there anything i can do to not have to register as a sex offender… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
My son was charge with a second degree crime. His first
Hello, my son was charge with a second degree crime. His first offer in cour they given him was 3 years in jail but he didnt take the offer. He went back to … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,107 satisfied customers
I have a second degree assault charge on my record. Can I
I have a second degree assault charge on my record. Can I have it removed to purchase a handgun in MD? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,107 satisfied customers
In Louisiana my son plead Alford to second degree robbery in
in Louisiana my son plead Alford to second degree robbery in 3 separate juridictions. the ran all 5 years concurrent to each other and judges stated no violence was involved he began class to get good… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
I have a second degree trespass charge. How much will cost?
I have a second degree trespass charge. How much will cost? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
On a second degree felony charge of burgarlry of a
on a second degree felony charge of burgarlry of a habitation when it says the case had been closed by conversion what does that mean and how do they come to that … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x