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InvisibleStonehenge
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Re: Criminal Attempt to Purchase Oxycodone [Re: Alan Rockefeller]
    #13214488 - 09/18/10 03:08 PM (13 years, 7 months ago)

^ agreed. However, lying can lead to charges so don't say anything that can be decisively proven false. Charges can range from obstruction of an investigation to misprison of a felony. Perjury is when you lie under oath and would not apply here.

There are few situations in which you must answer. I happen to think if you are stopped for a routine traffic matter, you should be pleasant and polite. Answer reasonable questions but if it sounds like they are doing a criminal investigation then clam up. You have nothing to lose by giving your name and making casual conversation like "how about those bears?" or whatever the local team is. If they ask you where you were last night, politely decline to answer and if they persist, inform the cop you have nothing further to say. That is better than acting like a jerk at the beginning and possibly getting a ticket or two when the cop just wanted to check your seatbelts or something. A jerk will usually get a ticket.


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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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Offlinetokenekot
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13221031 - 09/19/10 10:47 PM (13 years, 7 months ago)

court appointed lawyers work hand in hand wit the crown and judge not for you unless you know yor way around the legal system wich most people dont. the system takes advantage of this in my experience

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InvisibleStonehenge
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Re: Criminal Attempt to Purchase Oxycodone [Re: tokenekot]
    #13222596 - 09/20/10 03:52 PM (13 years, 7 months ago)

It's much the same on this side of the pond. PD's are so overworked they simply can't mount a significant defense for every client or even for more than a few, if that. They are under a lot of pressure to settle them quickly and will advise you to take a plea even if you are innocent. Any case less than a felony is almost sure to get this treatment. Even big cases are only given resources if certain factors are present which you will not know about. You will be expected to pay for your pd if you lose the case or plead guilty so if there is any way to get a private lawyer you are way better off.


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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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Offlinerelativetruth
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13225203 - 09/21/10 12:40 AM (13 years, 7 months ago)

My buddy got felony possession of controlled substance, and he was subjected to drug court. Instead of researching drugs (research chems/halluciongens) that don't show up on drug tests and attending his classes he blew it off, served his sentence, and got his felony. Needless to say, three years later, still addicted, homeless, and jobless (despite trying). Do the smart thing long term, oh and of course, don't talk to cops, or any lawyer you are appointed. (dont trust em!!!!!)


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Remember: You are a composite of chemicals whose elements were born from star growth and death in the early universe. To think our knowledge of the universe is anything near complete is as arrogant as saying we know what created it.
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Invisiblejohnm214
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Re: Criminal Attempt to Purchase Oxycodone [Re: Stonehenge]
    #13225656 - 09/21/10 05:49 AM (13 years, 7 months ago)

What does that have to do with public defenders?

I don't see why you shouldn't talk with your public defender- that's just going to piss them off, what's the payoff?

In general I would imagine you should treat lawyers the same regardless of their private/public funding.  There's really no point to start confessing with a lawyer in any case.  What you need to do is provide the information they need to assist you.  Whether you did the crime or not really shouldn't be relevant in most cases, and I would not address this issue unless directly relevant.

"They allege they saw me put the bag in my pocket and then asked to search my car.  I said no, and they put handcuffs on me and started looking through the car, then said they found pot" rather than "I put the pot in my pocket and drove off but the cops saw me and pulled me over. I refused the search, and they arrested me and found the pot I stashed underneath the seat"


Quote:

Stonehenge said:
They are under a lot of pressure to settle them quickly and will advise you to take a plea even if you are innocent.




Please provide a source for your claim


Quote:

Any case less than a felony is almost sure to get this treatment.




Source?

Quote:

You will be expected to pay for your pd if you lose the case or plead guilty so if there is any way to get a private lawyer you are way better off.




Source?  This varies widely and it seems irresponsible to claim it as an eventuality nationwide when it is not and PD's are highly state or county specific in most cases.

Quote:


It's much the same on this side of the pond. PD's are so overworked they simply can't mount a significant defense for every client or even for more than a few, if that.





Source? 


You've made a lot of bare assertions that denigrate the assistance of a public defender.  I don't think this is very responsible as their quality varies widely and I seriously doubt your view is representative even if it was qualified as something other than an absolute (which it was and is therefore obviously false).

Back up your claims.  To advise someone of their lawyers advise, good faith, or motivation strikes me as highly irresponsible where you know nothing about the particulars- and especially when its an unqualified assertion.

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Anonymous #3

Re: Criminal Attempt to Purchase Oxycodone [Re: johnm214]
    #13226150 - 09/21/10 09:28 AM (13 years, 7 months ago)

hey so what happened to you?

mans unit is a bitch ain't it? lyin doped out crooked mother fuckers. they busted 5 people that night with that same cell phone. dont take drug court brah, im tellin you. that shit wont hold up in court. as long as you get a lawyer and let him do the talkin.

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Offlinek00laid
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Re: Criminal Attempt to Purchase Oxycodone [Re: Alan Rockefeller]
    #13226841 - 09/21/10 12:32 PM (13 years, 7 months ago)

Quote:

Alan Rockefeller said:
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.




the correct answer is "are you interviewing me sir?" "am i free to go sir?"


--------------------
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Invisiblerezen
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Re: Criminal Attempt to Purchase Oxycodone [Re: k00laid]
    #13228956 - 09/21/10 08:45 PM (13 years, 7 months ago)

Get a private attorney...never settle for a PD unless its a misdemeanor.

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: Anonymous #3]
    #13237931 - 09/23/10 08:00 PM (13 years, 7 months ago)

Quote:

Anonymous said:
hey so what happened to you?

mans unit is a bitch ain't it? lyin doped out crooked mother fuckers. they busted 5 people that night with that same cell phone. dont take drug court brah, im tellin you. that shit wont hold up in court. as long as you get a lawyer and let him do the talkin.




I told them I will do the 2 year drug court.  They still havent got a place for me yet though but will probably put me in tomorrow. 

I feel I could almost certainly win this case but with one prior felony already(possession of psilocybin) me losing would put me in prison for 2 years at least. So its very hard for me to put that on the line.  Drug court will be a bitch but I'll get through it. 

My friend who was with me, charged the same thing, is fighting the case. He has less to lose since this is his first time getting in trouble for anything. 

I'll keep updating the thread as things happen.

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Anonymous #3

Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13239945 - 09/24/10 10:07 AM (13 years, 7 months ago)

you wouldnt do two years in prison, not even close. they are trying to scare you, you wouldnt get more then probation.

if your gonna be at drug court today i'll see you there.

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OfflineAlan RockefellerM
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Re: Criminal Attempt to Purchase Oxycodone [Re: Anonymous #3]
    #13240275 - 09/24/10 12:03 PM (13 years, 7 months ago)

Quote:

Anonymous said:
you wouldnt do two years in prison, not even close. they are trying to scare you, you wouldnt get more then probation.





He could easily get 2 years if there is a mandatory minimum.

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: Anonymous #3]
    #13241103 - 09/24/10 02:54 PM (13 years, 7 months ago)

Quote:

Anonymous said:
you wouldnt do two years in prison, not even close. they are trying to scare you, you wouldnt get more then probation.

if your gonna be at drug court today i'll see you there.




I was there today and at the graduation. So many people there though.  I think you might be right about the probation but I've also talked to two private lawyers who both wanted my money and told me drug court would be the best thing.  That I would most likely do prison time.  In Georgia its 2-15 years for possession of oxy.

Edited by mastacheefa (09/24/10 02:56 PM)

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InvisibleSuperD
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13241214 - 09/24/10 03:18 PM (13 years, 7 months ago)

2-15 years just for possessing a compound that is perfectly legal as long as you have appropriate 'paperwork' to go with it.  Absurd and barbaric.  Good luck to you, you don't deserve any of this.


--------------------
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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: SuperD]
    #13242322 - 09/24/10 07:59 PM (13 years, 7 months ago)

Quote:

SuperD said:
Absurd and barbaric.  Good luck to you, you don't deserve any of this.




Couldn't have said it any better.  Thank you.

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OfflineAlan RockefellerM
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13244041 - 09/25/10 09:07 AM (13 years, 7 months ago)

Quote:

mastacheefa said:
I think you might be right about the probation but I've also talked to two private lawyers who both wanted my money and told me drug court would be the best thing.  That I would most likely do prison time.  In Georgia its 2-15 years for possession of oxy.





Sounds like good advice given that you probably were trying to buy oxy and you are not sure what kind of evidence they have against you or who would testify.

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InvisibleStonehenge
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13244387 - 09/25/10 10:56 AM (13 years, 7 months ago)

The main lesson here is keep your mouth shut. There was no reason to get out and talk with anyone. Did he really think he was going to be able to buy when he saw all the cop cars? What did he think could be accomplished besides getting into trouble? And i don't believe for an instant that was all he said. That may be all he remembered but once the mouth starts moving, things come out and later you are surprised what you said. 80% of arrests are crap like this.


--------------------
“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]
    #13244444 - 09/25/10 11:13 AM (13 years, 7 months ago)

[quote][b][i]Stonehenge said:[/i][/b]
The main lesson here is keep your mouth shut. There was no reason to get out and talk with anyone. Did he really think he was going to be able to buy when he saw all the cop cars? What did he think could be accomplished besides getting into trouble? And i don't believe for an instant that was all he said. That may be all he remembered but once the mouth starts moving, things come out and later you are surprised what you said. 80% of arrests are crap like this.[/quote]

The cops were behind unmarked SUVs at the beginning of the street. I couldnt tell there was anything wrong till I had already committed myself to turning onto the street. And as soon as I turned in they rushed around my car.

And yes that is all that was said. I know the golden rule to keep quiet but it can be hard. Especially when you think they have nothing on you and it seems like if you just answer a few questions you'll be on your way. But I never admitted to anything and kept my story as shallow as possible. I know you are right though and if I had it to do over I would of kept my mouth shut.

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Anonymous #3

Re: Criminal Attempt to Purchase Oxycodone [Re: Alan Rockefeller]
    #13252879 - 09/27/10 09:46 AM (13 years, 7 months ago)

Quote:

Alan Rockefeller said:
Quote:

Anonymous said:
you wouldnt do two years in prison, not even close. they are trying to scare you, you wouldnt get more then probation.





He could easily get 2 years if there is a mandatory minimum.




no way man.

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Offline2859558484
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Re: Criminal Attempt to Purchase Oxycodone [Re: Anonymous #3]
    #13253292 - 09/27/10 11:38 AM (13 years, 7 months ago)

he has a prior felony noob


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Invisiblejohnm214
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Re: Criminal Attempt to Purchase Oxycodone [Re: Anonymous #3]
    #13254360 - 09/27/10 03:10 PM (13 years, 7 months ago)

Quote:

Anonymous said:
Quote:

Alan Rockefeller said:
Quote:

Anonymous said:
you wouldnt do two years in prison, not even close. they are trying to scare you, you wouldnt get more then probation.





He could easily get 2 years if there is a mandatory minimum.




no way man.





You are wrong, Alan is right.

Especially with priors, some judges give batshit insane sentences- their seems to be a presumption that if a sentence is within the middle or lower end of that possible for the offense that its reasonable- in the case of drugs that can easily be several years for minor victimless offenses even with no priors.

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