Speaking broadly, ghost dope laws serve to codify an understanding that drug dealers can’t be in possession of controlled substances while still possessing the paraphernalia needed to deal drugs; in other words, they can’t both possess the drugs and the tools of the drug trade. Ghost dope laws, however, are not limited to drugs.
The phrase comes from the fact that the word ‘dope’ is often used as a substitute for ‘drugs’, so a ghost dope – in their popular form – is girlfriend who is a drug dealer’s accomplice. The problem, however, is that it would also apply to other instances of keeping/selling illegal goods (or crimes more generally). Often, ghost dope laws are used in money laundering cases. Imagine that a man is selling hot TVs out of a small garage. This man is smart, so to avoid drawing attention to himself and his illicit goods, he purchases a new trailer and boards it up with TV crates inside. In doing this, he has both the items to conduct his business and the tools (by way of the trailer) to do his business without getting caught. This man is an example of a ghost dope case.
Interestingly, ghost dope laws are not even limited to possession. Take, for example, a drug possession criminal case like a DUI. Often times, when a person is arrested for DUI, the police officer administering the blood test will ask the driver whether he or she drank before getting in the car. The answer to this question can have drastic implications for how the case is decided. If a driver admits to drinking prior to driving the car, his blood alcohol level can (and likely will) be used against him during a trial or plea bargain. If a driver doesn’t admit to drinking, he or she could receive a lower payment or lesser sentence.
Because ghost dope laws can result in increased penalties or sentences, they should be taken seriously. In fact, they should be understood and appreciated given the high stakes involved.
For example, a drunk driving sentence will usually be a minimum of 60 days if convicted, but a ghost dope conviction could result in a year of prison time or more (note that these laws differ slightly based on the state where the crime took place). Rarely, however, do people understand the precedent of ghost dope laws and unwittingly find themselves to be ghost dopers.
This is especially troubling for dedicated criminal defense attorneys who must defend clients who are unaware they’ve committed a serious crime. For example, in recent years, the American Bar Association has reported a growing trend of people being tricked into committing ghost dope crimes. In one recent case, a man was charged with aggravated robbery when he stole a person’s car under the impression he was repossessing it. Knowing that the felony charges would quickly land him behind bars, the man fled the parking lot, only to be subsequently arrested by police officers at another location and charged with the crime. This man believed he was repossessing the vehicle legally based on the statements of the man holding him at gunpoint.
Beyond knowing what constitutes a ghost dope crime, there’s little that a criminal defendant can do to defend himself or herself. Prosecutors are generally unwilling to listen to pleas of ignorance, and accommodating jury members often report that they do not sympathize with ghost dope offenders. In fact, juries often hand down rare and extreme punishments for ghost dope crimes. In another recent case, a heavy metal guitarist was convicted of ghost dope crimes after his live-in girlfriend unknowingly stored his drugs and motorcycle tools in their apartment storage unit. The guitarist was given a lifetime prison sentence, but later had his conviction overturned.
When it comes to family law cases, an understanding of ghost dope laws is critical. In divorce and child custody cases, hidden drug convictions by one parent can affect the outcome of a custody battle – even if the parent isn’t actually using the drugs in question. With this in mind, if you’re involved in a family law case and fear you or your spouse may have been involved in a ghost dope crime, contact an experienced attorney today. You could be able to have previous allegations thrown out of court if you apply for an appeal within a specified period of time.
The Pennsylvania criminal defense attorneys of Scott L. Levine & Associates understand the unique challenges that all family law cases can present. We believe you deserve compassionate counsel. You deserve a lawyer who only looks out for your best interest. With a deep understanding of ghost dope laws and hands-on experience with custody battles involving them, we’re ready to help.
For more information on drug laws, you can visit Wikipedia.
