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OfflineHermitCrabsOnE
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Re: Ask a defense attorney [Re: Stonehenge] * 1
    #15919583 - 03/08/12 01:23 PM (11 years, 10 months ago)

Okay, here is an example I would like clarification of.  This is all theoretical of course, purely for curiosity.


Say your friend has 19.5 grams of cannabis in his room.  It is in a locked box, inside of a locked cabinet.  In the state you live, less than 20 grams of cannabis is a misdemeanor with a $1,000 fine.  They do NOT consent to a search of his property.  (what legal edge would this give him in evidence against possession of less than 20 grams of cannabis?)

Now say this friend is a dealer.  They makes sales that are small time.  They sell to an undercover cop, who reports them to the higher ups, and the cop filmed the transaction.


Now, I'd like the answers to two different scenarios.

In one scenario, the police search the property, but aren't given consent to the locked door.  They leave, there is no cannabis in the room when they return, they have nothing to go on.  All they have is the video of selling.

In the second scenario, they found the 19.5 grams of cannabis, but not with the owners permission.  The dealer claims they were for their personal use.  Can the evidence be thrown out?

In court, what is the best defense against this? I had a friend who was in the same situation.  She was the boyfriend of a dealer, and she made a sale to a guy down the road.  The guy was a snitch for the cops, and they took him (and her eventually) in.  They offered her a plea bargain of 3 months, and threatened her the other sentence if she fought the case. (much longer sentence).  They claimed to have evidence against her, but NEVER SHOWED her the evidence.  She has, to this day not seen the evidence they claim to have.  She just took the plea bargain.  I have a feeling this was the wrong move to do..she could have saved herself.  Am I right on that?


Couldn't she just say, "SHOW ME THE TAPES!", and if they couldn't furnish them, be off scott free?  What if they had the tapes and played them back in the court room, would her sentence be longer, or would it be the same as a guilty conviction?

peace


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Everytime a cow shits, say THANK YOU.


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