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Offlinemastacheefa
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Criminal Attempt to Purchase Oxycodone
    #13145064 - 09/03/10 10:49 PM (13 years, 8 months ago)

So the other day I texted a friend if I could 'come by and get one'.  He texted back 'yea come on'.  Me and a friend drive over to his house and are greeted by around 20 cops who had hours earlier raided his home.  Turns out I was texting with the cop.  The detectives drill me asking why I was there and I simply say to visit a friend.  They insist I was there to buy oxycontin and lock me and my friend up. 

Now, I never said I was there to get oxycontin or to buy drugs of any sort. Just if 'I could come get one'. Yet they still charged us with 'attempt to purchase'.  I'm wondering if this will hold up in court.  They are pressuring me to admit guilt and join the drug court program.  I've yet to talk with a lawyer as I just got out of jail.  What do you guys think will happen with this?  What would the consequences be if I fight it and lose?  I have one prior felony for picking mushrooms but completed my probation without event.

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Anonymous #1

Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13145277 - 09/03/10 11:54 PM (13 years, 8 months ago)

Don't admit anything at all. They don't have a very strong case without your confession.

Definitely talk to a lawyer/public defender and see what your options are.

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Offlinek00laid
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13146284 - 09/04/10 10:03 AM (13 years, 8 months ago)

Quote:

mastacheefa said:
The detectives drill me asking why I was there and I simply say to visit a friend.





you shouldn't have said anything.

"hey wtf are you doing here"
"well i would rather talk to me lawyer if you are going to be interviewing me sir."

"wellll im just askin some questions"
"so it's an interview? i'd like my lawyer.. BTW am i free to go? or am i being detained"


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Invisiblerezen
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13146393 - 09/04/10 10:43 AM (13 years, 8 months ago)

no worries man should easily be thrown out especially if you did not specify what your were going to buy...thats a pretty weak case get a lawyer though and don't admit to anything.

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Invisiblejohnm214
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13146714 - 09/04/10 12:05 PM (13 years, 8 months ago)

What else did you tell the cop?

The case as it sounds from your description doesn't even sound enough to get you past a prelimenary hearing on those charges.

And who was telling you to enter the drug program?  What was that about?  I can't imagine you had a prosecutor or whatever offering this to you, so it must have been a piggy.

Cops can't promise you shit- ever.  Nothing they say can be used to your advantage- they lie and you can't hold them to their word.

Finally, I have NEVER seen any situation in which a cop decides who enters a drug rehab program. 

This sounds like the same old bullshit of cops threatening years in jail if you don't "help out" and "start working with us instead of against us" when they don't have the ability to do anything at all about your sentence, and almost nothing about your charges, one way or the other.

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OfflineOpiateLovr2010
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Re: Criminal Attempt to Purchase Oxycodone [Re: johnm214]
    #13146931 - 09/04/10 01:06 PM (13 years, 8 months ago)

Man that sucks i really wish u the best of luck wih that. listen to everyone though and get a lawyer/pd i think u should be ok.


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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: johnm214]
    #13147092 - 09/04/10 01:53 PM (13 years, 8 months ago)

Quote:

johnm214 said:
What else did you tell the cop?

The case as it sounds from your description doesn't even sound enough to get you past a prelimenary hearing on those charges.

And who was telling you to enter the drug program?  What was that about?  I can't imagine you had a prosecutor or whatever offering this to you, so it must have been a piggy.

Cops can't promise you shit- ever.  Nothing they say can be used to your advantage- they lie and you can't hold them to their word.

Finally, I have NEVER seen any situation in which a cop decides who enters a drug rehab program. 

This sounds like the same old bullshit of cops threatening years in jail if you don't "help out" and "start working with us instead of against us" when they don't have the ability to do anything at all about your sentence, and almost nothing about your charges, one way or the other.




They threatened me with so many things at first. Saying they were gonna put me away for 30 years unless I 'stopped playing games'.  I told them no I am not here for drugs and dont do drugs at all.  But proceeded to call me a dopehead.  They recovered oxycontin, valium, and marijuana from the house, along with ALOT of stolen property.  I had nothing to do with any of that. 

The judge at first appearance recommended I enter drug court(which would give me a free bond) and upon completion it would wipe away the felony.  Which sounds somewhat enticing when your in jail.  I have until next Friday to say yes or no to it. Which I am most likely saying no.  I do wonder what the consequences might be though if I lose? Jail time? 

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...

But I never once said I was there for drugs. They found nothing on me. All they have is the text message.  I'm pretty sure the guy who was raided will tell the cops I was there to buy drugs in hopes of a lesser sentence.  He's looking at a lot of time. 

The drug court lawyer assured me that this would not be dropped and jurys dont care about entrapment.  And that I would most likely lose.

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Offlinec1dh3d
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13149373 - 09/05/10 04:53 AM (13 years, 8 months ago)

Drug court lawyer? Is the a court appointed lawyer? I would interview him on his answers - What are my options? Why would that be an automatic lose?

If there is no agreement to exchange money, I'd find it hard to believe they could pin anything on you as far as 'purchasing' goes. That being the case, I find it incredibly hard to believe that you were texting a cop, because he didn't bait you into giving him a rock solid statement. Furthermore, how did he know by 'come by and get one', that you meant an Oxy? You said there was stolen property, pot, and a decent cache of pharmaceuticals - how would they have figured you were coming there specifically for an Oxy unless you or your friend specifically told them?

Either you let something slip, or you got set up by your friend, if either of those are the case you are not in good shape. I'd see if your drug court lawyer can get a copy of the official police report in front of the both of you, and review it with them - this should indicate exactly what kind of evidence they have on you.

Good luck man, remember, don't ever ever EVER say ANYTHING to police!

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OfflineNizzyJones
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Re: Criminal Attempt to Purchase Oxycodone [Re: c1dh3d]
    #13149557 - 09/05/10 07:22 AM (13 years, 8 months ago)

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.


--------------------
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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: c1dh3d]
    #13149584 - 09/05/10 07:35 AM (13 years, 8 months ago)

Quote:

c1dh3d said:
Drug court lawyer? Is the a court appointed lawyer? I would interview him on his answers - What are my options? Why would that be an automatic lose?

If there is no agreement to exchange money, I'd find it hard to believe they could pin anything on you as far as 'purchasing' goes. That being the case, I find it incredibly hard to believe that you were texting a cop, because he didn't bait you into giving him a rock solid statement. Furthermore, how did he know by 'come by and get one', that you meant an Oxy? You said there was stolen property, pot, and a decent cache of pharmaceuticals - how would they have figured you were coming there specifically for an Oxy unless you or your friend specifically told them?

Either you let something slip, or you got set up by your friend, if either of those are the case you are not in good shape. I'd see if your drug court lawyer can get a copy of the official police report in front of the both of you, and review it with them - this should indicate exactly what kind of evidence they have on you.

Good luck man, remember, don't ever ever EVER say ANYTHING to police!




I was thinking the lawyer was my court appointed lawyer but after receiving my bond they gave me a card to call on Wednesday to get an appointed lawyer.  I dont know, I'm still confused.  There was absolutely no agreement to exchange money.  They asked me several times how much I was gonna pay him.  I told them I'm not here to buy anything.  The only thing I can think of is that maybe the guys house who was raided cooperated with the cops and told them I was there for oxy.  I never ever ever said I was there for an oxy though. Nor did my friend I was with.

When I went to first appearence the judge was reading my report and said that I admitted to being there to purchase oxy.  But I never said that.  I'm not completely stupid! :wink: 

I realize now I should of said nothing.  But I thought I was walking away.  They had nothing on me afterall.  This Tuesday I will talk with some lawyers and get a copy of the report.

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: NizzyJones]
    #13149594 - 09/05/10 07:39 AM (13 years, 8 months ago)

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.




Your probably right.  They got him for possession of all those drugs with intent to sell.  This was a pretty huge bust where I live and was all over the news.  It said 3 connected with robberies leads to 5 more arrests.  A guy came there about 30mins before me and admitted he was there to get oxy.  That must be why they assumed I was there for oxy too.  Though at one point they asked me so what are you here for? And they listed off all the drugs in the house.  I said I'm here for nothing and dont do drugs. Then they continued to assume I was there for oxy...

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Anonymous #2

Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13149655 - 09/05/10 08:02 AM (13 years, 8 months ago)

Here is what I would do. Say that you are really embarrased and you didn't say this before because you were embarrased, but you were going over there to have your dick sucked by another man. I am not trolling, you could really try this. That is what you meant by "get one".

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Invisiblerezen
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13149659 - 09/05/10 08:03 AM (13 years, 8 months ago)

Yeah man you really got to wait and see what they are going to charge you with, it of course can't be possession since you didn't even have any.

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: Anonymous #2]
    #13149673 - 09/05/10 08:09 AM (13 years, 8 months ago)

Quote:

Anonymous said:
Here is what I would do. Say that you are really embarrased and you didn't say this before because you were embarrased, but you were going over there to have your dick sucked by another man. I am not trolling, you could really try this. That is what you meant by "get one".




Lol.  Well thats kind of what I told them.  The house was owned by a women I've known for sometime. The guy with all the drugs was her new boyfriend.  When the cops were asking me why I was there at one point I said to see a girl I like.

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.

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Offlinemastacheefa
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Re: Criminal Attempt to Purchase Oxycodone [Re: rezen]
    #13149688 - 09/05/10 08:13 AM (13 years, 8 months ago)

Quote:

rezen said:
Yeah man you really got to wait and see what they are going to charge you with, it of course can't be possession since you didn't even have any.




Yea I agree. I've looked everywhere online to find out what the penalties for Criminal Attempt to Purchase are and I cant find anything.  When I search for it the only thing that comes up is my fucking case!  I hope it doesnt carry the same as Possession of Oxy because thats 2-15 years in prison.  Or 1-5 years in jail for first offender.  And I dont think I have my first offender anymore.

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Offlineuser1837483975
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13149713 - 09/05/10 08:18 AM (13 years, 8 months ago)

Quote:

mastacheefa said:
Quote:

Anonymous said:
Here is what I would do. Say that you are really embarrased and you didn't say this before because you were embarrased, but you were going over there to have your dick sucked by another man. I am not trolling, you could really try this. That is what you meant by "get one".




Lol.  Well thats kind of what I told them.  The house was owned by a women I've known for sometime. The guy with all the drugs was her new boyfriend.  When the cops were asking me why I was there at one point I said to see a girl I like.

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.



HAHAH "hey man can I come over to your house and get a soda?" :haha:

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Offlinek00laid
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Re: Criminal Attempt to Purchase Oxycodone [Re: mastacheefa]
    #13149884 - 09/05/10 09:20 AM (13 years, 8 months ago)

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.


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OfflineNizzyJones
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Re: Criminal Attempt to Purchase Oxycodone [Re: k00laid]
    #13150205 - 09/05/10 10:57 AM (13 years, 8 months ago)

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


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Offlinelovecheese
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Re: Criminal Attempt to Purchase Oxycodone [Re: NizzyJones]
    #13152010 - 09/05/10 06:17 PM (13 years, 8 months ago)

can cops take over a person's phone like that and pose as the individual who owns the phone??? if so that scummy shit

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Offlinec1dh3d
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Re: Criminal Attempt to Purchase Oxycodone [Re: lovecheese]
    #13152051 - 09/05/10 06:25 PM (13 years, 8 months ago)

You bet your ass they can, and will, if they are able to access it. You should always have an unlock pattern / number on your phone if possible.

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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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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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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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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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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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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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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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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.


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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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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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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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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?


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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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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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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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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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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.


--------------------
“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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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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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.


--------------------
“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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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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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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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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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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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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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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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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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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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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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.


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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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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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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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Re: Criminal Attempt to Purchase Oxycodone [Re: johnm214]
    #13268259 - 09/30/10 02:22 AM (13 years, 7 months ago)

Quote:

mastacheefa said:
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.






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