|
vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
|
Re: Ask an attorney [Re: Enlil]
#21731622 - 05/28/15 08:22 AM (8 years, 7 months ago) |
|
|
Quote:
Enlil said: Maybe, but it's going to depend on how strong that evidence is...ie...how good your expert witness is at convincing a jury not only that the accident was caused by a seizure, but that you were also not driving under the influence. It's an uphill fight.
Frankly, if you're planning on going to trial, you had better have a strong case. What you've told us so far is pretty damning, though.
Hell no I am not going to a trial. I am just hoping if i get proof I hada seizure, I could at least get a plea bargain to not got tuck with an OVI. I see no way out of a license suspensions, tons of cash, probation.....but I am trying to avoid jail time.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
Re: Ask an attorney [Re: vandago]
#21731628 - 05/28/15 08:25 AM (8 years, 7 months ago) |
|
|
That's the point of a plea bargain. Still, they're almost sure to have a blood draw, so if you were over the limit, it's going to be an easy case to prove. Maybe there's some mercy to be had if there was another factor that made it worse, like a seizure, but prosecutors who have definitive proof of BAC aren't nearly as likely to bargain too liberally.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
|
Re: Ask an attorney [Re: Enlil]
#21731675 - 05/28/15 08:43 AM (8 years, 7 months ago) |
|
|
So Enlil idk if you remember or if i posted here but my apartment got raided because my roommate did some dumb shit with over an lb of hash oil. they are building a case on the main dude whose hash oil it was and who has all the grows and stuff.....i cut connections with him ~4 months before all of this came down.
i got a lawyer on 5k retainer, he contacted the lead detective in case they want to contact me or set up a meeting they can call him first and we can work it out.
now my roommate and the other kid that wasnt the boss are turning witness and going to testify against the boss.
during the raid they took my computer - it has pictures of illegal drugs and such.....how worried should i be about my pictures coming back to haunt me?
btw during the search/waiting for the warrant the lead detective immediately took my cuffs off when he got there and let me go on scene just getting my phone number to call me and let me know when/if i could come pick up my roommate at the police station where they were taking him for questioning so i wasnt a person of interest at the time i guess.
but i guess my question is, should i be worried about getting raided again on an arrest warrant from the pictures on my computer?
next question is what else should i do? got the lawyer on call (2 actually out of the same firm) and i havent been contacted since the raid ~a month ago other than by my lawyer to see if i had heard anything.
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
"
|
Buck513

Registered: 04/17/14
Posts: 5,682
|
|
Holy fuck a pound of oil?  I mean wtf.
I'm no attorney, but I do know the legal system. If you have pics of a few grams of weed and stuff I don't imagine there's much to worry about. Butttt if you have pictures holding up kilos of weed and thousands of dollars, I'd say there's some room to worry. If they thought you were a major player you would probably already be under investigation
-------------------- Fail to plan and you plan to fail. Enter the Ban Lottery
Edited by Buck513 (05/28/15 08:57 AM)
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
|
They took your computer some time ago. Assuming they found the pictures, it probably isn't enough for probable cause to search today. Having said that, it's always better to play it safe. You never know how these things are going to play out until they're over.
The most important thing for you to "do" at this point is to not make your lawyer's job harder. Keep your house and car clean. This will likely blow over soon enough, so just be cool for awhile.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
|
Re: Ask an attorney [Re: Enlil]
#21731772 - 05/28/15 09:10 AM (8 years, 7 months ago) |
|
|
cool....thanks, i kinda wanted to just be sure i wasnt missing anything. im just snowboarding, dirt biking, and hiking for a while and have been since it went down and i moved.
so i should probably keep it this way for a while i guess....till the end of their trial you think?
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
"
|
vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
|
Re: Ask an attorney [Re: Enlil]
#21731842 - 05/28/15 09:34 AM (8 years, 7 months ago) |
|
|
Quote:
Enlil said: That's the point of a plea bargain. Still, they're almost sure to have a blood draw, so if you were over the limit, it's going to be an easy case to prove. Maybe there's some mercy to be had if there was another factor that made it worse, like a seizure, but prosecutors who have definitive proof of BAC aren't nearly as likely to bargain too liberally.
I refused to take a blood test. They never asked me to blow, or gave me a field sobriety test.
|
Buck513

Registered: 04/17/14
Posts: 5,682
|
Re: Ask an attorney [Re: vandago]
#21731861 - 05/28/15 09:39 AM (8 years, 7 months ago) |
|
|
Enlil just out of curiosity would you say you lean more towards the left, or the right in regards to politics?
I know lawyers generally are more democratic, is it true in your case?
-------------------- Fail to plan and you plan to fail. Enter the Ban Lottery
|
ballsalsa
Universally Loathed and Reviled



Registered: 03/11/15
Posts: 20,795
Loc: Foreign Lands
|
|
Enlil-it is my understanding, that some breathylizer machines will give higher readings if the subject belches or vomits before blowing. I am also under the impression, that dental cavities can have residual alcohol pooled in them which will also cause higher readings. Is this true as far as you know? Also, i think the arresting officers are supposed to monitor suspects for 15 or 20 min prior to the breath test in order to ensure that they do not vomit or belch. Do you know of any DUI cases (off the top of your head) where the defendant was aquitted because of a failure of the arresting officers to monitor them?
--------------------
Like cannabis topics? Read my cannabis blog here
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
Re: Ask an attorney [Re: vandago]
#21732090 - 05/28/15 10:57 AM (8 years, 7 months ago) |
|
|
Quote:
vandago said: I refused to take a blood test. They never asked me to blow, or gave me a field sobriety test.
When you were at the hospital, there is a good chance that blood was drawn and tested for diagnostic purposes. The DA can get those records and use them against you, most likely.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
Re: Ask an attorney [Re: Buck513]
#21732092 - 05/28/15 10:58 AM (8 years, 7 months ago) |
|
|
Quote:
Buck513 said: Enlil just out of curiosity would you say you lean more towards the left, or the right in regards to politics?
I know lawyers generally are more democratic, is it true in your case?
I couldn't answer that. I don't really support democrats or republicans, and tend to think they're both pretty much the same.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
|
Quote:
ballsalsa said: Enlil-it is my understanding, that some breathylizer machines will give higher readings if the subject belches or vomits before blowing. I am also under the impression, that dental cavities can have residual alcohol pooled in them which will also cause higher readings. Is this true as far as you know? Also, i think the arresting officers are supposed to monitor suspects for 15 or 20 min prior to the breath test in order to ensure that they do not vomit or belch. Do you know of any DUI cases (off the top of your head) where the defendant was aquitted because of a failure of the arresting officers to monitor them?
DUI isn't my thing. I don't do misdemeanors, and DUI attorneys are often specialists in only that. I've heard the same things, but I don't have any specific cases or anything.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
ballsalsa
Universally Loathed and Reviled



Registered: 03/11/15
Posts: 20,795
Loc: Foreign Lands
|
Re: Ask an attorney [Re: Enlil]
#21732144 - 05/28/15 11:12 AM (8 years, 7 months ago) |
|
|
k thanks!
on a slightly related note, what is your opinion on imperfect diagnostic tools like the breathalyzer being represented to the public as nearly infallible?
--------------------
Like cannabis topics? Read my cannabis blog here
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
|
I don't think that there is any public perception that the breathalyzer is particularly accurate. There are far better examples of junk science being taken far too seriously in the forensic field. Bite mark evidence, gunpowder residue, hair and fiber, fingerprints, and even DNA are far less reliable than the general public thinks they are.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
ballsalsa
Universally Loathed and Reviled



Registered: 03/11/15
Posts: 20,795
Loc: Foreign Lands
|
Re: Ask an attorney [Re: Enlil]
#21732187 - 05/28/15 11:25 AM (8 years, 7 months ago) |
|
|
if a prosecutor misrepresented some forensic evidence in order to strengthen his/her case, would he/she be an asshole, in your opinion?
--------------------
Like cannabis topics? Read my cannabis blog here
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
|
Is a cheetah an asshole for killing a caribou?
Depends on what you mean by "misrepresented". The job of a prosecutor is to highlight evidence of guilt and minimize evidence of innocence. Can't really blame a prosecutor for doing what prosecutors do.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
ballsalsa
Universally Loathed and Reviled



Registered: 03/11/15
Posts: 20,795
Loc: Foreign Lands
|
Re: Ask an attorney [Re: Enlil] 2
#21732208 - 05/28/15 11:36 AM (8 years, 7 months ago) |
|
|
thats a good answer. i think cheetah's would have to travel a long way to kill caribou, but the point is taken nonetheless
--------------------
Like cannabis topics? Read my cannabis blog here
|
vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
|
Re: Ask an attorney [Re: Enlil]
#21732225 - 05/28/15 11:41 AM (8 years, 7 months ago) |
|
|
Quote:
Enlil said:
Quote:
vandago said: I refused to take a blood test. They never asked me to blow, or gave me a field sobriety test.
When you were at the hospital, there is a good chance that blood was drawn and tested for diagnostic purposes. The DA can get those records and use them against you, most likely.
This did not happen. No blood was drawn from me.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
|
Re: Ask an attorney [Re: vandago]
#21732228 - 05/28/15 11:44 AM (8 years, 7 months ago) |
|
|
That's good. You would likely be well-served if you could establish that you had a seizure. Your attorney would be in a much better bargaining position.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
ballsalsa
Universally Loathed and Reviled



Registered: 03/11/15
Posts: 20,795
Loc: Foreign Lands
|
Re: Ask an attorney [Re: Enlil]
#21732240 - 05/28/15 11:50 AM (8 years, 7 months ago) |
|
|
do you think lawyers get laid more often than the average dude?
--------------------
Like cannabis topics? Read my cannabis blog here
|
|