ANABOLIC STEROIDS, BODYBUILDING AND THE LAW
IF YOU ARE ARRESTED





If you are arrested for selling or possessing anabolic steroids, the best advice is to remain silent, ask for the opportunity to contact a lawyer immediately, and answer no questions until you speak with him or her. Once you request a lawyer and refuse to talk to the police without one, the police are legally prohibited from questioning you further.

Steroid Laws After the arrest processing by police or other law enforcement agents, the next step is generally a court arraignment at which the judge or magistrate will provide your attorney with a copy of the charges against you, and decide whether bail should be set. The purpose of bail is for the judge to help ensure that the accused comes back to court. Whether bail is set depends upon numerous factors, including the seriousness of the charges, risk of flight, prior record of the accused, etc. If an unaffordable bail is set, you could remain in a detention facility while awaiting the resolution of your case. An experienced criminal lawyer can argue against the setting of bail for you. Of course, a detailed explanation of the progress of a criminal case in state or federal court is beyond the scope of this site, and it is strongly suggested that you consult directly with a criminal defense attorney if you are being investigated or have been charged with a crime.


Here are some general principles in answer to a few of the most commonly asked questions concerning steroid arrests. For further general information, including, for example, the consequences of not being read your rights, please see our law firm's web site (which has a section devoted to this general topic) at www.cmgesq.com/if you have been arrested.

How am I most likely to get arrested for steroids?

Probably for selling them to someone who has his own legal problems and is secretly cooperating with law enforcement. You might get a call from an old gym acquaintance asking if you can get him a few vials of steroids. A meeting will be arranged, your old pal will bring along an undercover cop, and you'll be arrested on the spot or after a few further deals. Under federal law and the laws of many states, selling steroids, or possessing them with intent to sell, is a felony. An individual who sells steroids, or possesses with intent to sell, is punishable by up to five years in prison under federal law and up to seven years in prison under New York state law. Of course, whether an individual serves any prison time at all depends upon numerous factors including but not limited to the person's past criminal history, the strength of the prosecution's case, the person's role in the offense, and how effectively the case is either negotiated or litigated by defense counsel. An experienced criminal lawyer can make the difference.

What are my chances of being arrested just for personal use possession?

While most steroid investigations by law enforcement target sellers, either big-time or, lately, even small-time, arrests for personal possession do occur. Often, these arrests arise out of car stops for traffic violations and the steroids are found during a search of the car. For example, I recently defended a case where a police officer found a few syringes after stopping my client for speeding and discovering he had a suspended driver's license. In New York, the possession of hypodermic instruments is a misdemeanor, and my client was arrested on the spot. Fortunately for the client, the officer overlooked a hefty stash of anabolics which was more carefully concealed. While the vast majority of users probably don't get caught, you could be one of the unlucky few. Those who do get caught can suffer serious consequences. The consequences of an arrest include being handcuffed, fingerprinted, and hauled before a judge, while the effects of a criminal conviction may include preventing or interfering with future employment opportunities in many fields such as law enforcement. It is important to know that under the Anabolic Steroids Control Act of 1990 which applies across the country, steroids are in the same legal class as amphetamines, methamphetamines, opium and morphine. Simple possession is a federal offense punishable by up to one year in prison and/or a minimum fine of $1,000. Further, most states have enacted their own laws modeled after the Control Act.

Will the police try to get me to "cooperate" with them?

People who get arrested for controlled substances are often pressured to work with the agents who arrested them or with other law enforcement authorities to assist in the identification, investigation, arrest and prosecution of others involved in criminal activity. Known to law enforcement as "confidential informants" (but to their former friends and associates as "rats" and "snitches"), they cooperate in return for more lenient plea or sentence bargains. It is not uncommon for the police or federal agents to squeeze the many "small fish" they arrest into giving up their sources, leading to the arrests of bigger fish who, in turn, are squeezed to give up their sources. Whether the police seek to recruit a person as an informant depends upon a combination of many factors. Deciding whether it is something an arrested person should consider doing requires a risk-to-benefit analysis and extensive consultation with an experienced criminal lawyer.

What is police entrapment?

Simply put, entrapment refers to a legal defense where a person commits a crime solely because he was actively pressured by the police to do it. Each state has its own statutes and case law dealing with this issue. Under the New York state law, for example, entrapment is an affirmative defense when a person is pressured by the police to commit a crime just for the purpose of arresting him, and when the methods used by the police are such as to create "a substantial risk that the offense would be committed by a person not otherwise disposed to commit it" (emphasis added). (The New York State Penal Law Section 40.05 defines the affirmative defense of entrapment.) This defense protects people who are not predisposed to committing a crime, but who give in only because of the nature and persistence of police pressure. Just giving a person the opportunity to commit a crime (such as merely asking a person to sell a controlled substance) is not entrapment. Moreover, undercover police are lawfully entitled to lie while acting undercover. So asking, "Are you a cop?" before making a sale of anabolic steroids will not get the case thrown out of court.

Will I be charged in state or federal court?

In most states, both state and federal laws prohibit anabolic steroids, and a person can be prosecuted under either. In which court the case is brought often depends on the agency responsible for your arrest, and on the seriousness of the charges. If you are arrested by local police for simple possession (as in a car stop), you are more likely to be charged in state court. If your arrest arises out of an investigation by federal authorities (such as the DEA or U.S. Postal Inspector) or you are stopped by U.S. Customs at an international airport, you are more likely to be charged with federal crimes. This is particularly the case if the quantity is large and there is an indication of intent to distribute. In rare circumstances, you can be charged in both state and federal court with the same conduct.

What are my chances of going to jail?

A very important question, but one that is impossible to answer without knowing the specifics in a given case. Critical factors include, but are not limited to, the amounts of steroids involved and your prior criminal record. In our experience, few first-time offenders charged with mere possession for personal use are sentenced to jail in the New York state courts. Sellers are treated more harshly. The Federal Sentencing Guidelines generally mete out stiffer sentences for distributing steroids than would apply in the state courts.

We are admitted in the New York state and federal courts and the Maryland state courts. We will promptly respond to questions from anyone being investigated for or charged with a crime related to anabolic steroids. We are available 24 hours, 7 days a week for emergencies by calling 516-294-0300. Other inquiries are answered weekdays between the hours of 2 PM and 6 PM EST. Consultations scheduled at our offices in Manhattan or Long Island are always free of charge. We handle all other criminal matters, including white-collar crime, fraud, narcotics cases, thefts, assaults, and serious traffic offenses (including suspended license charges). My firm also handles selected civil litigation cases, including certain auto accidents and slip-and-fall cases. Feel free to call us with any legal question; if we don't handle your type of case, we can try to connect you with a qualified attorney who does.

To learn more about our firm, visit our web site at http://www.cmgesq.com/

COPYRIGHT (c) 1999 by Rick Collins. www.steroidlaw.com All rights reserved. No commercial reproduction of any portion of this material is permitted without the express written permission of the author.