Seeking a lawyer/legal advice regarding BLM citation

[robwessel]

I'm looking for a lawyer actively practicing in Nevada and who is preferably experienced in controlled substance distribution charges. Also for advice/insight from anyone who has had an experience similar to mine.

I have never in my life dealt drugs, though I've been an occasional user, so I'm pretty upset about the distribution charge I received at Burning Man this year. I have also never had a serious run-in with the cops and am a rather trusting person, so I guess I wasn't prepared for what happened to me.

This took place on the day of the burn at around 5:15 PM, right on the esplanade in front of the Gooferville camp near 9:30. I had been enjoying the music of the DJ there and was putting my water bottle into my backpack, which was in a basket on my bike, when I was approached by a young woman who smiled at me and asked if I had any "extra pot", because she and her girlfriend needed some for that night. I said that I didn't really have any extra pot, just enough for my little one-hitter. She asked if I had any back at my camp, and I said that my camp was a good distance away and that I had very little there since I wasn't that heavy a smoker. I suggested she keep asking around and that surely someone better supplied would be able to help her out. She said that she would do that but asked if I would like a hit of acid in exchange for what little I had on me. I said OK, why not. She pulled out a plastic baggie containing what looked like 3 blotter hits and a packet of rolling papers. She tore off a hit, wrapped it in a sheet of the rolling paper, and handed it to me. I put it in a pocket of my backpack, gave her the pinch of pot that I had, and we parted company.

I continued my way along the esplanade and after about 30 seconds I was swarmed by 3 or 4 LEO's. One handcuffed my hands behind my back and the others grabbed my bike and backpack, but didn't open it up. One of them, who identified himself as BLM Ranger Hall, said I was being detained under suspicion of drug-related activity and asked me for my identification. I told him I didn't have it on me. He told me that if I could not show ID that I WOULD be taken to jail. I said that my ID was in my wallet which was locked in my car, and the keys to my car were in my tent. He said he would take me to my tent to get my keys.
They put me in a van with Ranger Hall and a woman carrying a camera with a big zoom lens on it. My bike and backpack were put in another vehicle and driven off. I told Ranger Hall where my tent with the keys in it was (I was camping alone in the walk-in camping area about 50 yards out from 4:45 and Hysteria), and we drove there.
As we emerged from the van at my tentsite, my intention was to unzip my closed tent to retrieve my keys. But Ranger Hall informed me that I must remain handcuffed and by his side until a fellow officer arrived, and that this officer would retrieve my keys, because they didn't know whether I might act aggressively if the handcuffs were removed or whether I might have a weopon inside my tent. So we waited for the other officer while the woman with the camera started taking pictures of my campsite (she took pictures of all of the proceedings that followed). The other officer arrived and I told him where to find my keys, just inside the door to my tent. He opened the tent, reached inside and found my keys. He then asked me if I had any illegal drugs in there and said that I could be taken to jail and my property impounded if I refused to let him search it. I was scared and didn't want to go to jail so I told him to go ahead. After making a mess of my tent and emptying all my bags he finally found the pot that I had (maybe 1/2 of a gram), along with a bag of mushrooms (less than 1/4 of an ounce).
Then he was ready to go to my car (parked on Hysteria and 4:45) with my keys to get my wallet. He searched the car as well but found nothing. Then I was taken to a BLM trailer, where I sat for half an hour or so, still handcuffed. During that time they brought in my backpack, which they apparently had not searched yet, and searched it in front of me. They found the supposed hit of blotter acid but didn't seem very interested in it. (I thought that I might see the young woman who had given it to me, but she was not in the trailer, although two other handcuffed burners were brought in toward the end of my stay--I don't know what happened to them.)
They ended up writing me a citation for "distribution of a controlled substance-- "mushrooms" ". Apparently they decided I had enough to apply the distribution charge. They checked box "A" on the citation, meaning it's mandatory for me to appear
in a Reno court on a date I'll be notified of by mail.
Needless to say I feel like an idiot, set up and knocked down like a bowling pin. I would appreciate any insight into how my case is likely to play out, and advice about how best to defend myself. I suspect that the woman I met on the playa was an undercover cop but I have no proof of that, and I suppose it may not matter.
Some other questions I have: Did the BLM officers improperly threaten me when they got me to say "go ahead" and search my tent? What quantity of mushrooms must one have to be charged with distribution? I had under 1/4 of an ounce, and it was for my personal use, and I certainly had no intention of selling, trading, or otherwise "distributing" it.
I can be reached here and at [email protected]

[ubu]

this is no advice. this is pure conjecture based on very weak understanding and no legal background.

You have no room to argue that the bullying was relevant; if you consented, you consented.

You can probably get the case reduced to simple posession easily. You can also try to move the location of trial closer to you; some were dismissed with just that gesture, what is the legal term for that?

Also, do not tell your whole story in public, it may becom evidence. do not talk with the police at all, what you say will become evidence. the less info, the less traction. oops, you already did that. delete your eplaya posts....

[horseradish]

So you think the girl who swapped acid for weed was with the BLM? Is there any way for you to find out more information on that? I'm just trying to ascertain whether LEOs would effectively set you up or entrap you in order to find out if you were a drug user / supplier.

But it seems from what you're saying that the alleged crime would not have taken place had the girl not specifically suggested you swap the weed for acid. Surely if you could prove or argue that the girl was an LEO and she enticed you to do the swap, that would be an affirmative defence?

On the subject of you giving permission to a search, as I understand it you do not need to give permission for law enforcement to do a search of your property (eg your home and car). They would have to get a warrant. But if anything _is_ found after you've given permission, no extra leniency is given. It's a bit of a no-win situation - either aggravate the cops or get foudn out. Also, I heard that a tent may not be seen as private property with the same expectations of privacy as a house (though an RV would arguably have the same expectations of privacy.)

I'm not a law expert, certainly not in US law, but it would seem that you need to speak to other Burners who are in a similar position and see if any of them encountered the same girl using similar tactics.

That said, I would strongly recommend you remove these posts (I'll be happy to edit mine away) and refrain from posting any specific details about your case, because they could all prejudice your case.

[KnowMatterWhat]

I've heard many stories like this and each one makes me cringe. This type of tactic is skirting entrapment. I am guessing that the LEOs are working within the law but it sure is a fucked up way to go about their 'job.' They snare otherwise peaceful individuals into a system and process that is costly; both financially and to ones permanent criminal record. Doing so is just wrong! I imagine the undercovers / LEOs justify this in their minds that they are doing their part to fight the war on drugs. Like any other person who would knowingly commit a heartless act to bring harm to others, I wouldn't want their Karma.

Robert, I don't have an attorney to recommend, yet I strongly suggest you continue on your path of discovery and invest the resources necessary to get proper legal advice.

One night I was approached by two young girls who asked if I had any 'e.' Looking them square in the eyes I said no and began a 'safety lecture' about the use/abuse of sacred and powerful substances and the dangers of trying to source something like that, which they intended to ingest, from strangers. I went on to tell them that I am the father of two daughters and I have had the same talk with them ... they kinda shrugged whatever and continued on through the crowd.

Looking back I have no idea if they were undercover/LEO or just foolish kids wanting an e-roll; either way, I felt good about what I did.

[joel the ornery]

Find a Lawyer in Nevada

it took less than 30 seconds to get this link.

rip radical self reliance

[robwessel]

Thanks for the responses so far. I realize that I may need to just get a random lawyer through the Nevada State Bar, but I'm hoping for a personal recommendation/referral.
Rob

[jbelson]

All I can say is dont go with a public defender.
I dont know any lawyers myself unfortunately, but it is a good idea to have a fairly good one. More than likely you'll do a plea bargain with the DA for a lesser charge. Any defense attorney will get you that. A public defender will just take the first thing offered simply because their overworked and they cant waste the time on your case. If you get a really great lawyer, they could potentially get the charge dropped because they're good fighters, but it will cost you some dough. you could find the happy medium here and get it dropped to possibly possesion, pay the court fees, probably probation and some community service, and pay only a couple thousand for lawyer fees.
Now keep in mind, this is my experience in ca. court, not NV and not federal (BLM might fall under fed. juristiction).
Also if you can, remember to plea "NO-CONTEST". This plea cant come back to haunt you like a guilty plea can (no-contest is not admitting guilt, it's just not fighting the accusation)
I hope this helps your frame of reference a little. I know from experience that not having a clue in this situation is the worst part.
And realize this: It's not gonna ruin your life or anything. Things are not gonna crumble, they'll just be a pain in the ass for a while. I had a felony on my record for a long time and fortunately the only thing it's kept me from is jury duty.