Question about drugs and the law?

Question

There is a movie on Lifetime right now called "Guilt By Association" which has caused some discussion between my husband and I.
Basically, this lady was dating a guy who was a drug dealer and she didn't know he was. As soona s she found out he was, she dumped him. Then she got arrested for co-conspirating with drug trafficking, when in reality she had never touched drugs in her life. The court said that the man had bought her things with money he had gotten from drugs, connecting her to the crime, again she had no idea. They also said she took messages, but she thought they were just friends calling for him, not "customers." She got a longer prison sentence than any of the real criminals. She had to go to jail for 20 years, while some of the drug dealers only had to go for 8.
Basically, what we are not sure of is does this really happen to people? Is this really a law? Details please. Its scary to think that someone you trust could be breaking the law and YOU go to jail for it.

Answer 1

I'm a 23-year law enforcement veteran. I hope I can help you with this question.

First thing, never go by what a movie shows you. For the most part, it's all drama, a little fact.

Here are some legal facts. An arrest can't be made without probable cause. ( Not suspicion, probable cause. That means beyond reasonable doubt of a rational person. ) An arrest would not be prosecuted if there was no probable cause, a judge would throw it out at first appearance. No prosecuter is going to pursue a case unless they have evidence to support it, or a chance of winning it.

This woman would have had to be tied to the "hands on" operation of this drug trafficking. Or, she would have to be tied in as assisting them with the knowledge of their drug operations. She can claim ignorance all she likes, but ignorance is no excuse when it comes to the law. It would be practically impossible for her not to know something that was taking place. If she was completely left out of the loop, then that would be determined during the investigation and she would have been eliminated as a suspect. But apparently, since she was not, the police had something solid on her, and a judge deemed it probable cause for the arrest, and the State Attorney deemed it enough to prosecute. And if this person was convicted, apparently the jury thought the evidence presented against her was solid also.

As for the sentencing, I cannot see how an associate to a crime would receive 20 years ( If she had no prior arrests or convictions ) for a first time offense. The court conducts what is called a PSI after the jury finds a suspect guilty of a crime. That is a "Pre-Sentence Investigation. " This determines any prior criminal activity, any mitigating circumstances, etc. This gives the judge a background on this individual and allows him/her to administer appropriate sentencing, within the given State or Federal guidelines. Those who had received the alledged 8 year sentences, according to this movie, were actually the ones who had the "hands-on" participation in this drug trafficking. I cannot see any judge giving them a lesser sentence, unless they made a deal with the State Attorney for some kind of sentence reduction, perhaps for testifying against another defendant.

I wouldn't lend too much credibility to this movie. Like I said, they are more drama than fact.

Answer 2

Usually, when the DA or US Attorney brings in collateral people into the conspiracy, they offer them a plea agreement for a much less sentence, in exchange for their testimony at trial.

I never saw the movie, but the US Attorney would probably offer a substantially reduced sentence, in exchange for the lady's testimony.

However, if she fought the charges and lost, she would be subject to a long sentence mandated by the "advisory" US Sentencing Guidelines.

In the pursuit of justice, sometimes, there is no justice...

Answer 3

I have never seen it happen. I know which movie you are talking about, my girlfriend had it on a few months ago and I saw bits and pieces.

I personally think she was really dense to not know what was going on. By the letter the of law, could a person be charged in real life? Probably. Has it ever happened in my years of experience? No.

Answer 4

Of course it's exaggerated for television, however, they can and they do. Laws vary by state - but they can seize your assets (house, cash, cars) and charge you under the Federal Drug Abuse Prevention and Control Act.

Sec. 843. Prohibited acts C - Communication facility
It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter or subchapter II of this chapter. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term ''communication facility'' means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication.
http://www.usdoj.gov/dea/pubs/csa.html
Here's the forfeiture law section:
http://www.usdoj.gov/dea/pubs/csa/853.htm

Answer 5

under RICO she could have been put away with no problem..it depends on the prosecution..I know a boy who was given 2 years in a federal prison because a dealer had his ph number in his wallet when he was busted...no joke..that was all they had and he was done under RICO and served his entire sentence

Answer 6

Thats a strongly exaggerated situation from anything I have ever heard of.
Some pretty wrong things happen to people but I have never heard of anything that bad before.

Answer 7

dont watch lifetime and you wont these sort of questions