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Invisiblejohnm214
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Re: Criminal Attempt to Purchase Oxycodone [Re: NizzyJones]
    #13152817 - 09/05/10 09:20 PM (13 years, 8 months ago)

Quote:

NizzyJones said:
Quote:

k00laid said:
Quote:

mastacheefa said:
They seperated me and my friend right away and interviewed us both.  He told the cops 'one' was a soda!  I busted out laughing when he told me that later on.




this is the kind of shit that will get your ass pwnt in court.

you shouldn't have said anything.




QFT. I know this has been posted many times but it bears repeating:

DO NOT TALK TO THE POLICE UNDER ANY CIRCUMSTANCES




Yep, good point.

There is no point talking to the police.  Even if you suppose the excuse the original poster gave was a good one, and indeed it was- it isn't even inconsistant with the perp's statement neccesarily, there's plenty of time to offer that excuse in pretrial (when your lawyer, who cannot be crossexamined or used to impeach you in any way, tells the prosecutor this) or even at trial if it goes that far.

Don't think you have to convince the cops anyways- they won't be convinced and it doesn't matter even if they are.


Quote:

NizzyJones said:
Quote:

The guys house who was raided needed to go down.  He was connected with 55 burglaries including 3 pharmacy burglaries.  If I were to admit I was there for drugs that would surely help them put this guy away.  So they arrested me and my friend in hopes of us playing it safe and pleading guilty, taking drug court.  I believe...




They've already got him with drugs (possibly packaged for retail?) and stolen property, they don't need any testimony from you to help put this guy away. They just want to up their statistics.





Yeah, If anything, the poster should be worried about the burglar testifying against him. 

If they are interested they'll let you know, but if they were, I imagine you'd have known earlier than now.



As to what you should do, this is far beyond what any of us can advise you.  Talk to your attorney and have him tell you the chances of conviction and what your risking.


When I said this shouldn't even make it pass a prelimenary hearing, this assumes nobody testifies against you, which could certainly happen (especially the girl telling the court or the cops that she had nothing to do with you coming over or whatnot after they lean on her- someone with a lot to loose).

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InvisibleDomNoon
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13153757 - 09/06/10 02:33 AM (13 years, 8 months ago)

something similar happened to me, but they actually sold me the drugs.

drug trafficking, 3 years MINIMUM MANDATORY.

i got off with no conviction. PM me if youre interested in the story. its too long for me to type now. just got off work and im getting slizzard on that green lizard.

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: DomNoon]
    #13154317 - 09/06/10 09:13 AM (13 years, 8 months ago)

Quote:

DomNoon said:
something similar happened to me, but they actually sold me the drugs.

drug trafficking, 3 years MINIMUM MANDATORY.

i got off with no conviction. PM me if youre interested in the story. its too long for me to type now. just got off work and im getting slizzard on that green lizard.




Wow! Thats wonderful that you got off!  Possession of Oxycodone in Georgia is a minimum of 1-2 years.  But I didnt ever possess it or sell it.  Surely that would mean my minimum is less than a year.  Can't wait to talk with a lawyer...

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Invisibleyutaka

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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13154464 - 09/06/10 10:10 AM (13 years, 8 months ago)

There have been some cases with the regards to phones and how they are not 'containers'.  Police have the ability to search containers if an event had occurred such as a shooting or theft and you could place the weapon/merchandise in the 'container'.  I can't remember the case, but the phone was found not to be a container and that they could not search it unless specifically stated in a warrant.

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Invisiblejohnm214
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Re: Criminal Attempt to Purchase Oxycodone [Re: yutaka]
    #13154619 - 09/06/10 10:58 AM (13 years, 8 months ago)

Yeah, when its an exigent circumstance search (hot pursuit, danger to officer others) they can only search towards that end.  Its a huge license, but for some things it can be unreasonable to conclude it was a risk, but the courts have done some crazy backflips justifying crazy searches.

That's why when people ask about transporting stuff in a car or hiding stuff in room I always advice to put it in the smallest container possible and that they get bonus points for the harder/longer it takes to open the container. 

If its a weapons search and the container is too small to plausibly be a search, you can use that.  If its a stolen item search (some guy posted about road signs and shit a bit ago) and the item is too large to be in the container, that can help.  And the container is key to keep it out of plain site.  If it is a lock box or something its even better if it can't be quickly opened when the cops allege they popped the hood and removed the spare tire bolt, spare tire, locked box beneath the tire, and then called the fire department to open the locked box because they were worried about officer safety during a traffic stop

Sounds ridiculous, but I posted about a case just about as stupid a while ago and the search was ruled ok on those grounds  A gun in a case in a locked trunk with a suspect in a police car, locked in, and in handcuffs... Yeah, they had to open the case for officer safety cuz what if they let the guy go and he.... somehow got to the gun without the officers noticing all those shenanigans.  Its a ridiculous opinion if your interested.

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: johnm214]
    #13164839 - 09/08/10 12:30 PM (13 years, 8 months ago)

Talked to a lawyer today and he said my arrest sounds pretty shady.  But also told me criminal attempt to purchase carries the same penalties as possession. Which would be 2-5 years in prison.

With that information I am now strongly considering to just take drug court as it does wipe away the felony.  I just cant risk going to prison for that long. Or anytime for that matter.

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InvisibleStonehenge
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Re: Criminal Attempt to Purchase Oxycodone [Re: yutaka]
    #13164880 - 09/08/10 12:36 PM (13 years, 8 months ago)

Yes, they can use the dealers phone in an attempt to bust buyers. They do it all the time. According to your story, they have an incredibly weak case. I just wonder how true the story is you are telling us. If the judge said you said you were buying drugs, maybe you did and forgot? If the cop is lying to get a conviction, they will likely win. Juries believe cops, not defendants. If a lawyer said you would lose, you will probably lose. You need to get a real lawyer on the case pronto if you can afford it. A court appointed lawyer will just want to handle the paperwork for the plea bargain, he will not want to fight it. If you can get off with no conviction on your record and just a fine or something, go for it.

As has been said SAY NOTHING TO COPS!!!! No excuses, no funny stories, nothing. Anything you say can and will be twisted around and used against you. If you remain silent, it's hard to change that into "i was there to buy drugs" Cops would rather lie a little than an outright lie they might get caught on. If you ran your mouth you must have said something that could be twisted around. Keep quiet next time.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Offlinek00laid
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13166503 - 09/08/10 05:29 PM (13 years, 8 months ago)

Quote:

mastacheefa said:
With that information I am now strongly considering to just take drug court as it does wipe away the felony.  I just cant risk going to prison for that long. Or anytime for that matter.




im so positive this whole situation could have been avoided if upon leaving your vehicle and being confronted by the police you said something along the lines of this

"so boy what did you come here for"
"well... sir... am i free to go? or am i being detained."


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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: k00laid]
    #13166641 - 09/08/10 05:49 PM (13 years, 8 months ago)

Yes, I feel like an idiot. And the worst thing is I know better not to talk to the cops.  Its much harder to do than it sounds though when you are in that situation.  I was thinking I'd be walking away from there unscathed after a few questions. 

Though all I said was,

'why are you here, to buy oxycontin?'
'no sir I am not and do not do drugs'

'why are you here'
'to visit my friend ashly(not the one who got raided but did live at the house)'

I thought that was perfectly plausable and I'd be walking away without them having any hard evidence on me. Guess I learned a hard lesson...

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InvisibleCloud9
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13166679 - 09/08/10 05:54 PM (13 years, 8 months ago)

if it really went down like you said (not saying your lying, but some things can get smudged in the crazyness) then it sounds like a pretty weak case, i'd fight it.


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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: Cloud9]
    #13166830 - 09/08/10 06:14 PM (13 years, 8 months ago)

Something else I found out today is my bond is a conditional bond. Which means they basically do everything to me that they do at drug court.  Including drug screens, drug evaluations and the right to search my property whenever they want. And thats untill the trial is over which could be like 2 years.  So I might as well just do drug court and get credit for what I would have to go through anyways during pretrial conditional bond. 

I think its one of the ways they push you into drug court.

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InvisibleStonehenge
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13169656 - 09/09/10 09:59 AM (13 years, 8 months ago)

I'd be willing to bet you said more than that. What you should have done is drive by and go home when you saw the cops. There was no reason to stop and get out.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: Stonehenge]
    #13170245 - 09/09/10 12:19 PM (13 years, 8 months ago)

Nope thats all that was said.  I have no reason to lie on here.  About 6 different cops repeatedly asked me the same question.  'Son, if you dont stop playing games with me and tell me why you are here I will lock you away for 30 years for blah blah blah, do you think I'm stupid?' No sir I dont, I'm not here to buy drugs, I'm telling you the truth.

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Offlinek00laid
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13170529 - 09/09/10 01:30 PM (13 years, 8 months ago)

you lied to the police. thats a no no :tongue:


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Invisiblerezen
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Re: Criminal Attempt to Purchase Oxycodone [Re: k00laid]
    #13172836 - 09/09/10 09:59 PM (13 years, 8 months ago)

Fuck the police they will lie to you....you must lie to them

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InvisibleStonehenge
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13174594 - 09/10/10 10:11 AM (13 years, 8 months ago)

Not sayin' you lied to us but you talked to a number of cops and they are good at turning you around and goofing with you. They asked you 20 different ways and you kept saying no but at one point may have said maybe to a confusing question. They interpreted that as "yes" and will swear to it. That is how cops operate. Sometimes they lie outright but mostly they just bend the truth and you pay for it. Keep your yap shut and give them nothing to bend. Best would have been to keep driving and not stop. Why the hell did you stop and get out?


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

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Offlinek00laid
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Re: Criminal Attempt to Purchase Oxycodone [Re: rezen]
    #13209386 - 09/17/10 12:48 PM (13 years, 7 months ago)

Quote:

rezen said:
Fuck the police they will lie to you....you must lie to them




great advice for those who want to add another charge: perjury


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Invisiblerezen
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Re: Criminal Attempt to Purchase Oxycodone [Re: k00laid]
    #13210070 - 09/17/10 03:22 PM (13 years, 7 months ago)

Well silence is your best bet, but sometimes you must talk to the police if you want to get out of a situation because if you don't say anything they are going to think you have something to hide. Mastering the art of lying is good for many situations.

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OfflineShroomyJohn
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Re: Criminal Attempt to Purchase Oxycodone [Re: rezen]
    #13212593 - 09/18/10 01:08 AM (13 years, 7 months ago)

I can't believe the cops would just try to fucking bust you for attempt to purchase instead of setting you up to actually purchase.  They fucked up and now you should be able to walk with minimal to no consequences at all.

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OfflineAlan RockefellerM
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Re: Criminal Attempt to Purchase Oxycodone [Re: k00laid]
    #13214427 - 09/18/10 02:55 PM (13 years, 7 months ago)

Quote:

k00laid said:
Quote:

rezen said:
Fuck the police they will lie to you....you must lie to them




great advice for those who want to add another charge: perjury





Lying to the police is not perjury nor is it per se illegal, it is only perjury if you lie in court.  Lying to a federal agent is illegal however.

Lying to the police might be obstruction of justice though it is very unlikely that they would charge you with that.  Police get lied to all the time.

Its almost always best to remain silent, but in certain situations it is better to lie to the police.  For example if they asked if you have smoked marijuana today, the correct answer is no.

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