I am aspergers and charged with conspiracy etc for growing marijuana can I use this for a federal defense?

Asked about 2 years ago - Tempe, AZ

I grew medical marijuana for a discpensary, I have great technical skills but very poor decision making skills. I didnt make money because I didnt know how to manage my finances. I have been diagonised by pretrial services as having aspergers syndrome and feel overwhelmed. The prosecutor wants me to plead guilty to 5yr manditory minimum and fully cooperate. Can I use this as a defense because I feel the DEA used me on purpose to entrap the discpensary owner who is the target and has since disappeared and I have no idea where he is.

Attorney answers (4)

  1. Craig S Orent

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Given your case is pending in federal court, you no doubt have an attorney representing you in this matter. As such, you need to discuss these issues with him/her as the attorney knows most about your case and circumstances. If for some reason - and this would be extremely unusual - you don't already have an attorney, you need to retain one as soon as possible. Moreover, you should not be posting facts (admissions?) about your federal case online. This is a public forum that anyone and everyone has access to including law enforcement.

  2. Keith G Langer

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . If the prosecutor is making recommendations, you either have had an attorney appointed for you or you retained your own counsel. Therefore, you should be discussing possible defenses with your attorney.

    If you decided to represent yourself in Federal court against criminal charges, I suggest that was a manifestation of your "very poor decision making skills." Retain counsel immediately.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  3. Joshua Sachs

    Contributor Level 19

    3

    Lawyers agree

    Answered . It is not a defense I would care to rely upon. I think you can safely assume that down that road lies a conviction. But you should have an attorney and your attorney will be familiar with your case and with you in a way that no online forum attorney could ever possibly be. Your lawyer is the one you should be talking to.

    Let me remind you that my very longest, most detailed, responses to Avvo postings have probably taken me five minutes to write. If I were representing you on a federal felony case I might easily put several hundred hours into investigating, researching and preparing your defense. Only a 21st century American besotted with the internet would pay attention to my top-of-the-head flip on Avvo over the serious advice of responsible counsel.

  4. Paul E Knost

    Contributor Level 16

    1

    Lawyer agrees

    Answered . In order for a mental condition to be a defense to a crime, you would have to affirmatively prove that the condition you suffer from actually undermines your ability to KNOWINGLY commit the crime charged. While it is true that people with Asperger Syndrome typically display restricted and repetetive interests and behavior, it is not apparent at all how this could rise to the level of a defense to the circumstances you described.

    If federal agents entrapped you, then you need to be discussing that with your lawyer. As mentioned in previous posts, you will likely have had a court appointed lawyer for your case.

    You should also be aware that this post you have written on the Internet is a written confession to the crime. They can easily trace your IP address. In fact, they can easily watch you and listen to you and track every move you make. Never say "they can't do that." That's what they want you to believe. That's the genius of their tactics. They have the whole world fooled into believing that "they can't do that." But they do. They're doing it right now.

    This comment is nothing more than my off-the-cuff thoughts and opinions in responding to this strange question. Nothing I write here, or on this web site, or anywhere on the Internet for that matter, is legal advice, nor can be taken as such. The things I write are my opinions.

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY... more

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