|
joshisstoned
Motorcycle Enthusiast


Registered: 05/24/09
Posts: 3,544
Loc: Ohio
Last seen: 9 years, 9 months
|
Re: Ask a defense attorney [Re: Enlil]
#16644517 - 08/04/12 11:57 AM (11 years, 9 months ago) |
|
|
I told him to chill with that shit. He's stubborn.
|
joshisstoned
Motorcycle Enthusiast


Registered: 05/24/09
Posts: 3,544
Loc: Ohio
Last seen: 9 years, 9 months
|
|
What is the essence of a "secret indictment"? Does that mean other people may be charged and they want to keep it secret? It wasn't in the paper or anything! I knew someone from a fest that got busted similarly, minus the cultivation and he was plastered all over the front page listing everything he was caut with. I'm just concerned because I was teaching my buddy guitar lessons almost every other day. He also didn't have a car so I would ride my motorcycle over and go gt him beer/smokes. I didn't think to ask him his business as he was always so chill and we came up in diapers together. I'm worried that if there was a snitch that I may be implicated in some type of conspiracy just for being around. I even took my family over there one night right before he got busted. If I knew he had a lab in his back room I would have never taken my family there. I taught him how to grow edibles, he eventually decided b+ cubes were mor profitable. I'm concerned I may be implicated and his lawyer is talking about "secret indictment". The prosecutor offered to knock it down to a felony three aggravated drug possession instead of the manufacturing felony 1. Which carries mandatory years. But h hasnt been charged or arrested for this run in With the mushrooms and an ounce of hydro. Ruined my peac of mind for the summer. bummer. He's a good dude that just got a little sloppy.
|
NizzyJones
Fight evil with funk



Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
|
|
It's very unlikely an informant reporting that you were around frequently would be enough for them to come after you unless they could also demonstrate you knew about the illegal activity and actually did something to help him commit it. And I can't see how teaching him to grow edibles could reasonably be construed as helping him grow 'non-edibles'.
As far as I know all grand jury proceedings are sealed and secret and some places require criminal indictments to be brought by a grand jury so I would imagine that you're just getting the second-hand "telephone" version of that explanation.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
Edited by NizzyJones (08/05/12 01:34 PM)
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
|
As the above poster mentioned, all grand jury proceedings are secret...but when people use the term "secret indictment," they're talking about something a little different...these are indictments that have already charged someone, but the prosecutor/police have decided to keep under wraps for awhile. The normal course of events is that an indictment is handed down, and the prosecution starts immediately....a secret indictment doesn't generally work that way.
These are usually used for when they have a case against someone, but they don't want to tip their hand just yet for whatever reason...sometimes the defendant is out of the country, and they don't want to give him a reason not to return. Sometimes, the person is still being watched and they want to find out more about his associates...there are many reasons for such things.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
joshisstoned
Motorcycle Enthusiast


Registered: 05/24/09
Posts: 3,544
Loc: Ohio
Last seen: 9 years, 9 months
|
Re: Ask a defense attorney [Re: Enlil] 1
#16648401 - 08/05/12 04:37 PM (11 years, 9 months ago) |
|
|
Thanks guys. He is just super fucked and I feel bad because he's the nicest dude you'd ever wNt to meet. Just not that street smart. I am a white collar guy who just so happens to not discriminate about a persons personal doings. I just hope that me being there frequently doesn't fuck me. As I get finger printed twicE a year for work. It was the sloppiest police work ever. Then my buddy tells me that they only reported half of what was there. And they didn't even find it all. They didn't wear masks or anything. They didn't call for backup. Just an old cop and a young cop serving a bench warrant and stumbled upon something they did not fully understand. They even wrote the report as ushroom spores, which are legal. Plus they pretty much went into his house without permission. Is having $1800 on you probable cause to search a house. Even when you are not in the house?
|
NizzyJones
Fight evil with funk



Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
|
|
Quoting your post from the previous page: Quote:
No. They came to serve a bench warrant for unpaid fines and he pulled up to his house with his paycheck cashed in his pocket. The cops grabbed ho's keys and despite him stating repeatedly that he did not want them to go in they just went in anyway. Either they are now watching him or are considering other factors (such as half the shrooms and dro walking out of the evidence room. Which is cool, because it kept him under the federal minimums. ) also, when they made the bust, they did not call for backup or don the space suits and evacuate the area. These cops had no idea what they were going to find. They said"we don't feel comfortable with this much money so were putting it in your trailer. They smelled marijuana smoked and they said they were searching the rest of the house. They left everything that could have made a cultivation case other than some fruiting grow bags. Pc, tubs, jars, even two petri dishes fully colonized. Left there. I also found his hard drug stash and an ounce of shrooms and a couple eights of dro just strewn throughout his house. Ho's lawyer says it sounds like he got set up, but they would have handled it way differently.
I don't even know where to begin with how fucky that situation sounds. I guess depending on how they wrote the report they could try to get by with the supposed suspiciousness of someone with a warrant out for unpaid fines having that much cash. And since they allegedly smelled pot once in the house they may have smelt something on him or just independently arrived at the notion he looked high.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
Edited by NizzyJones (08/05/12 04:55 PM)
|
Stonehenge
Alt Center


Registered: 06/20/04
Posts: 14,850
Loc: S.E.
|
Re: Ask a defense attorney [Re: NizzyJones]
#16648633 - 08/05/12 05:16 PM (11 years, 9 months ago) |
|
|
I don't think they had probable cause to search the house, if all the statements made were true. Having cash is not cause and it was said the warrant was just for his arrest, not a search warrant. But there is often more to the story and he may have said things that would justify the home search. Time will tell.
-------------------- “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
|
joshisstoned
Motorcycle Enthusiast


Registered: 05/24/09
Posts: 3,544
Loc: Ohio
Last seen: 9 years, 9 months
|
Re: Ask a defense attorney [Re: Stonehenge]
#16649816 - 08/05/12 08:41 PM (11 years, 9 months ago) |
|
|
Yeah it will. I hope he doesn't get like five years. He's the best type of friend to have. He paid my car insurance one time when I was broke. He's the godfather to my kid for christs sake. He's still a moron.
|
ch1ck3n.s0up
Troubled Loner



Registered: 10/03/08
Posts: 2,573
Loc: Hunting Fungi
Last seen: 2 years, 9 months
|
Re: Ask a defense attorney [Re: Stonehenge]
#16649990 - 08/05/12 09:05 PM (11 years, 9 months ago) |
|
|
How much do you typically charge for your services?
-------------------- "Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station "Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
|
I don't. I currently work for the public defender's office. As such, I get paid a fixed annual salary by the state. The client's don't pay.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Anonymous #9
|
Re: Ask a defense attorney [Re: Enlil]
#16653654 - 08/06/12 01:43 PM (11 years, 9 months ago) |
|
|
Is it possible to get a lawyer like saul goodman in breaking bad?  But just not as expensive and good perhaps. I'm not really sure what the costs for lawyers are from cheap to expensive or anything or if theres some kind of deals you can make etc.
But it might be a really smart investment to go to someone like saul goodman so he can set you up with as safe illegal business as possible. Maybe he can even hook you up with some reliable and solid contacts. Tell you what to do and what not to do, until you can start moving your weight or growing, whatever.. clockwork safe.
Maybe hiring him sets you back some grand in beginning of your criminal career.. but it makes it a lot safer so you can earn it all back and keep earning with less chance of cops catching you and maybe even earn more money than you could without his help.
How would you find a lawyer like this? I think they have silence thing.. so that if you pay them for an interview you can tell them what shady stuff your up to and he can't tell the cops?
But it doesn't sound smart just asking random lawyers this and they decline because they don't want criminals.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
|
Saul Goodman routinely does things for which he can be disbarred. You'd have a very hard time finding a lawyer like that, and if you do, you'd be paying him a whole lot of money...
Think of it this way...My license cost me 3 years of school plus over $150k in tuition...how much are you going to have to pay me to risk that license? It's gonna be a hell of a lot...
As far as your second part, you can ask a lawyer about options...but you probably shouldn't tell him that you actually plan on breaking the law in the future. That is the type of thing that he can (and sometimes must) report.
I would guess that there are very, very few lawyers out there that are overtly crooked like saul goodman, but every lawyer faces ethical challenges all of the time. It takes constant dilligence to ensure that you're doing the right thing...many attorneys fail at this, and sometimes in big ways. After awhile without getting caught, some attorneys become completely indifferent to certain ethical duties...you MIGHT be able to find one to fit your needs.
Caution: If you do find such an attorney, I wouldn't trust him too much...If he's willing to compromise ethical duties for money, he's probably also willing to compromise his duties of confidentiality and loyalty to save his own ass.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Anonymous #9
|
|
Would a lawyer like this really be taking such a big risk to lose his license? The only risk I see is getting listened/recorded in on by a some electronic device.. And there's scramblers and stuff you can get against that I've heard somewhere. And then paying him in an untraceable way which isn't too hard either.
Would $10k be too little for that risk? As an upfront payment. Then perhaps another $10k depending on how much he can help you. Perhaps even a share of whatever your making depending how big this thing becomes. I mean, He can get more illegal clients than just one as well.
Just in theory.. If a lawyer would be interested in clients like me. Since you're a lawyer, How would you look for clients that you can make some illegal money with? and how would you handle the business relationship?
Not sure how the interview would have to go down.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
|
Quote:
Anonymous said: Would a lawyer like this really be taking such a big risk to lose his license? The only risk I see is getting listened/recorded in on by a some electronic device.. And there's scramblers and stuff you can get against that I've heard somewhere. And then paying him in an untraceable way which isn't too hard either.
The #1 thing I would be worried about is the client ratting me out. That is a very real risk, and it isn't worth it.
Quote:
Would $10k be too little for that risk? As an upfront payment. Then perhaps another $10k depending on how much he can help you. Perhaps even a share of whatever your making depending how big this thing becomes. I mean, He can get more illegal clients than just one as well.
More clients like this means more risk...$10k won't cover shit...I had a job offer for $160k right out of law school...
Quote:
Just in theory.. If a lawyer would be interested in clients like me. Since you're a lawyer, How would you look for clients that you can make some illegal money with? and how would you handle the business relationship?
Not sure how the interview would have to go down.
I have no idea...I wouldn't do it...You're not gonna find a highly competent lawyer that will. If he's any good, he's gonna pull down 200-400k a year...but you expect him to risk his license (and that pay) for you?
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
|
|
I don't think $10K would even cover the initial retainer for a serious criminal case.
One drug dealer I used to know told me that he had a half-million dollar retainer with his lawyer paid up front so he'd hit the ground running if anything happened. I never new him to lie.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
|
NizzyJones
Fight evil with funk



Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
|
Re: Ask a defense attorney [Re: Diploid]
#16654401 - 08/06/12 03:40 PM (11 years, 9 months ago) |
|
|
Sounds like a reasonable figure, yeah.
Anon #9: Pretty much the only way you'll get your own Saul Goodman is if you know a lawyer who literally trusts you with his life. There aren't too many ways to make that kind of friend, and none I can think of envolve going out looking for a dirty lawyer.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
|
LastBreath
Stranger


Registered: 05/26/12
Posts: 472
Last seen: 10 years, 11 months
|
Re: Ask a defense attorney [Re: NizzyJones]
#16657283 - 08/06/12 09:51 PM (11 years, 9 months ago) |
|
|
Hey Enlil,
I have a question. When I was 18 I did some stupid things and was convicted for felony possession of a dagger, petty theft, and possession of marijuana, 1 felony and 2 misdemeanors. Recently I successfully went before a judge and had the felony reduced to a misdemeanor, withdrew my guilty plea and had all the charges dismissed. My question is does would I be able to legally own a firearm in the state of California now?
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
Re: Ask a defense attorney [Re: LastBreath]
#16658693 - 08/07/12 04:39 AM (11 years, 9 months ago) |
|
|
An expungement counts as not having a conviction...assuming there are no other felony charges, you should have no problem purchasing a firearm.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
LastBreath
Stranger


Registered: 05/26/12
Posts: 472
Last seen: 10 years, 11 months
|
Re: Ask a defense attorney [Re: Enlil]
#16659380 - 08/07/12 08:55 AM (11 years, 9 months ago) |
|
|
Thank you for your reply, I forgot to mention I have some convictions on my juvenile record, would it affect my ability to purchase a firearm if any of them were felonies? I can't remember if they were or not but let's just assume they were all misdemeanors, would that affect it?
Edited by LastBreath (08/07/12 09:02 AM)
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
Re: Ask a defense attorney [Re: LastBreath]
#16659396 - 08/07/12 09:00 AM (11 years, 9 months ago) |
|
|
If you have no felonies, you should be fine.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
|