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OfflineD.M.T
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Re: Ask an attorney [Re: Enlil]
    #21744144 - 05/31/15 08:28 AM (8 years, 7 months ago)

Quote:

Enlil said:
Probably not.  I suspect that most trial lawyers have better game than the average dude, but that's only a small portion of lawyers.  My guess is that overall, lawyers fall within the standard deviation.



I knew a chick who told me she would never date a lawyer again after marrying one. Now she's dating an airline pilot.


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: D.M.T] * 1
    #21744223 - 05/31/15 09:16 AM (8 years, 7 months ago)

He asked about getting laid...not about relationships.  Being in a long-term relationship with a lawyer has to be very hard if you're not a lawyer.  Some of us are better than others at turning off the lawyerthink/laywerspeak when we go home, but there's always some of it that stays active all the time.  I wouldn't want to be in a relationship with a lawyer, either.


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Invisiblevandago
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Re: Ask a defense attorney [Re: o8u]
    #21744579 - 05/31/15 12:03 PM (8 years, 7 months ago)

Quote:

o8u said:
Wow, talk about luck. Stop drinking and driving and do something nice for a homeless guy. You hit the legal lottery.





Well the DUI case is a different case all together.  The case I was referring too happened a month or so ago in which my brother pulled a gun on me, and I shoved him in self defense....so he called the cops. My brother refused to testify or make a statement, so the cops pressed charges......but now the arresting officer is no longer with the department so the docket says she can't be a witness, and the docket says my brothers subpoena has been returned 4 times, so literally all they have on me is a statement the cop who is no longer on the force wrote.....is that statement even usable in court?


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Invisiblejohnm214
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Re: Ask a defense attorney [Re: vandago]
    #21744773 - 05/31/15 01:05 PM (8 years, 7 months ago)

I'm interested to know that as well.

I imagine its not a hearsay problem due to it being an official record of his investigation, however; I imagine it would still be a confrontation-clause violation to admit the record, i.e. Crawford v Washington et cet.  I don't know what I'm takling about though, wait for Enlil's thoughts

Also, vandago, you seem like a good guy, so maybe take a step back and ask youself why this shit keeps happening? You should know that it becomes ever more difficult to escape the system when you mess up. Don't screw yourself, take a step back and figure out what you want out of life and how to get it.


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Anonymous #98

Re: Ask a defense attorney [Re: johnm214]
    #21744796 - 05/31/15 01:14 PM (8 years, 7 months ago)

I just got arrested after I refused to answer the police's questions.  I got arrested.  Booked, and then I got bailed out.  Nothing of note really happened between those times.  I am charged with a few misdomeaners.  (Which I found out is 6 months in jail and a $1,000 each for this specific one.)  I got a paper that is telling me to schedule my court appearance on or before a certain time. 

My question is this what do I do untill then?  Do I get a lawyer now?  Do I call and try to schedule it early or wait for the three months? Im not sure what to do.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: vandago]
    #21744812 - 05/31/15 01:20 PM (8 years, 7 months ago)

Quote:

vandago said:
is that statement even usable in court?



Probably not.  It is 100% hearsay, and it's a confrontation clause issue.  Unless the cop testifies, or is dead by your hand, it's almost certain never to come in at a trial.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Anonymous #98]
    #21744816 - 05/31/15 01:21 PM (8 years, 7 months ago)

Quote:

Anonymous said:
I just got arrested after I refused to answer the police's questions.  I got arrested.  Booked, and then I got bailed out.  Nothing of note really happened between those times.  I am charged with a few misdomeaners.  (Which I found out is 6 months in jail and a $1,000 each for this specific one.)  I got a paper that is telling me to schedule my court appearance on or before a certain time. 

My question is this what do I do untill then?  Do I get a lawyer now?  Do I call and try to schedule it early or wait for the three months? Im not sure what to do.



If you're charged, it's time to get a lawyer.


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Anonymous #98

Re: Ask a defense attorney [Re: Enlil]
    #21744846 - 05/31/15 01:33 PM (8 years, 7 months ago)

I don't make a lot and want to get a public defender.  How do I check If I qualify for one?  And what should I look for in a Lawyer.  The charges are six counts of contribution to delinquency to a minor.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Anonymous #98]
    #21744868 - 05/31/15 01:39 PM (8 years, 7 months ago)

Contact your state's public defender office to find out if you qualify.  At your arraignment, there will likely be a PD there to talk to you.


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InvisibleBuck513

Registered: 04/17/14
Posts: 5,682
Re: Ask a defense attorney [Re: Enlil]
    #21744878 - 05/31/15 01:42 PM (8 years, 7 months ago)

You have to qualify for a PD? LOL


--------------------
Fail to plan and you plan to fail.

Enter the Ban Lottery


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OfflineNizzyJones
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Re: Ask a defense attorney [Re: Buck513]
    #21744890 - 05/31/15 01:47 PM (8 years, 7 months ago)

You generally have to show that you can't afford your own attorney.


--------------------
Wildflower seed on the sand and stone, may the four winds blow you safely home
Curriculum vapidum (dry herb vapes)


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Invisiblevandago
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Re: Ask a defense attorney [Re: Enlil]
    #21744965 - 05/31/15 02:19 PM (8 years, 7 months ago)

Quote:

Enlil said:
Quote:

vandago said:
is that statement even usable in court?



Probably not.  It is 100% hearsay, and it's a confrontation clause issue.  Unless the cop testifies, or is dead by your hand, it's almost certain never to come in at a trial.





According to the court docket she can't testify because she is no longer a member of the police dept who arrested me. Maybe not even a cop period anymore.


Thank god I didn't take that plea bargain and decided to take this to trial.  All they have on me now is a 1 paragraph statement from a cop who isn't a cop anymore.


I was nervous fighting this one, but I had a good gut feeling on it.


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InvisibleBuck513

Registered: 04/17/14
Posts: 5,682
Re: Ask a defense attorney [Re: vandago]
    #21744980 - 05/31/15 02:23 PM (8 years, 7 months ago)

Quote:

vandago said:
Quote:

Enlil said:
Quote:

vandago said:
is that statement even usable in court?



Probably not.  It is 100% hearsay, and it's a confrontation clause issue.  Unless the cop testifies, or is dead by your hand, it's almost certain never to come in at a trial.





According to the court docket she can't testify because she is no longer a member of the police dept who arrested me. Maybe not even a cop period anymore.


Thank god I didn't take that plea bargain and decided to take this to trial.  All they have on me now is a 1 paragraph statement from a cop who isn't a cop anymore.


I was nervous fighting this one, but I had a good gut feeling on it.





Yeah I thought you were the dude that was drunk and totaled two cars lol


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OfflineSupachopped719
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Re: Ask a defense attorney [Re: Buck513]
    #21749295 - 06/01/15 04:28 PM (8 years, 7 months ago)

Enlil I need some help please.
I got pulled over leaving a music festival in the forest. The officer said it was for my windows being tinted. (I'm in California) I just bought the car from a dealership, so it came like that. No disclosure from the dealership.
1. Can I sue the dealer for not disclosing that he was selling me a car that was not street legal?

The officer said he was going to search the vehicle because he smelled marijuana. I told him, 'I just came from the festival of course I smell like weed, My stuff will probly smell like it for weeks.'
I showed him a card issued by my medical marijuana doctor, but he said that does not count and that I needed the big sheet of paper not the card. Even though it has all the same info. As I gave him my card I admitted that I did have some weed because I did not think it was an issue, because I'm a patient.
He searched the vehicle even after finding the weed, no surprise, he found a bit of lsd. He asked if there was anything else in the car. I knew I was fucked and I didn't want him tearing my new car apart so I admitted to the rest. I told him where to find the mdma and dmt.
My honesty paid off I believe because he just gave me a ticket for possesion of LSD, MDMA, DMT. DRIVER IN POSSESION OF LESS THAN ONE OUNCE OF MARIJUANA, POSSESION OF HASHISH, TINTED WINDOWS, AND POSSESION OF DRUG PARAPHINALIA.
He took all my weed and pipes and a whipped cream dispenser. And sent me on my way.
2.will I be able to get the weed charges dropped it I show up with my full recommendation?
3. Also is a religious defense likely to work in regards to the DMT and maybe even the LSD?

I've looked Into getting a high price defense attorney in Chico california, apparently voted best lawyer in five counties according to the newspaper, according to his website. He want a $5000 retainment fee. I've talked him Into allowing me to do payments since I don't have 5 grand laying around.
4.do I still have to pay him if he isn't able to do shit for me and I get the book thrown at me anyway?
5. Is it normal to have to pay extra if we go to trial by jury?

6.how fucked am I realistically, he won't give me a straight answer, says there are many variables, that I could get it all dismissed or just get probation.
I don't want to go to the rape cage, I'm very small, and my milkshake does indeed bring all the boys to the yard.
7. Will I be able to get my medicine and pipes back? One of them has very significant sentimental value and I would hate to just have some cop throw it in the trash.

Thanks in advance if you answer any of my questions.


--------------------
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Invisiblevandago
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Re: Ask a defense attorney [Re: Buck513]
    #21749540 - 06/01/15 05:38 PM (8 years, 7 months ago)

Quote:

Buck513 said:
Quote:

vandago said:
Quote:

Enlil said:
Quote:

vandago said:
is that statement even usable in court?



Probably not.  It is 100% hearsay, and it's a confrontation clause issue.  Unless the cop testifies, or is dead by your hand, it's almost certain never to come in at a trial.





According to the court docket she can't testify because she is no longer a member of the police dept who arrested me. Maybe not even a cop period anymore.


Thank god I didn't take that plea bargain and decided to take this to trial.  All they have on me now is a 1 paragraph statement from a cop who isn't a cop anymore.


I was nervous fighting this one, but I had a good gut feeling on it.





Yeah I thought you were the dude that was drunk and totaled two cars lol




I am also that dumbass that did that.  I was facing this case as well over some dumb stuff.


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OfflineNizzyJones
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Re: Ask a defense attorney [Re: Supachopped719] * 1
    #21749581 - 06/01/15 05:48 PM (8 years, 7 months ago)

You admitted you had drugs. You're fucked.


--------------------
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Curriculum vapidum (dry herb vapes)


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InvisibleAdden
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Re: Ask a defense attorney [Re: NizzyJones]
    #21749999 - 06/01/15 07:22 PM (8 years, 7 months ago)

Quote:

NizzyJones said:
You admitted you had drugs. You're fucked.





Yep...

And nope on the religious thing either.

3 Schedule 1 substances - four for the weed depending where you were - paraphernalia, and the tints.

The lawyer may be able to get you off the window tints if you have dealership info or proof that they're legal. Maybe the weed and pipe because of your medical card but I'm not sure how that would look in court. Medicating at a festival probably isn't going to fly.

That 5 grand may get you out of prison. I'm sure you'll land in a treatment program, community service, fines and at the very least house arrest and an ankle bracelet. I'd imagine that to be best case.

A public defender and a plea deal are likely the best outcomes here.

Anxiously awaiting Enlil's response.


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OfflineD.M.T
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Re: Ask a defense attorney [Re: Adden]
    #21750151 - 06/01/15 07:55 PM (8 years, 7 months ago)

inb4enlil

I believe simple drug possession is now a misdemeanor in California, so they'll probably offer a plea deal in which they dismiss 3 of the 4 possession charges (as well as the cannabis) for a guilty plea of a possession charge and paraphernalia.

If it's just weed paraphernalia that might get dismissed too.


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OfflineSupachopped719
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Re: Ask a defense attorney [Re: D.M.T]
    #21750238 - 06/01/15 08:14 PM (8 years, 7 months ago)

They are all misdemeanor drug charges. I'm also fairly confident that not only will the marijuana charges be dropped, but I'll get my weed back after talking to a few different lawyers.

Not worried in the least bit about the tint ticket, that's just money I'll have to pay.

I started attending NA meetings the day after I got back home and started getting some attendence sheet signed to show I've already started down the path to recovery.

I know the religous defense is a stretch for the LSD, but I can absolutely defend my use of DMT in front of a jury and prove I don't just use it willy nilly. The supreme court has ruled in favor of an ayahuasca church before, so there is precedent there.


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OfflineAlan RockefellerM
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Re: Ask a defense attorney [Re: Supachopped719] * 1
    #21752420 - 06/02/15 11:54 AM (8 years, 7 months ago)

Quote:

Supachopped719 said:
]I got pulled over leaving a music festival in the forest. The officer said it was for my windows being tinted. (I'm in California) I just bought the car from a dealership, so it came like that. No disclosure from the dealership.




Does not matter what the dealership told you.  You can not drive with tinted windows in California.  You didn't know before, but you know now.

Quote:


1. Can I sue the dealer for not disclosing that he was selling me a car that was not street legal?




I don't think so.  You could give them an angry phone call.


Quote:

The officer said he was going to search the vehicle because he smelled marijuana. I told him, 'I just came from the festival of course I smell like weed, My stuff will probly smell like it for weeks.'





Did you actually smell like weed, or was he lying? 

Does not matter, because you told him you have drugs.  He is allowed to say you smell like anything, and you are allowed to reply anything you want.  You said the wrong thing and the legal system is going to fuck you for it.  He probably rolled his eyes when you told him that.



Quote:

I showed him a card issued by my medical marijuana doctor, but he said that does not count and that I needed the big sheet of paper not the card. Even though it has all the same info. As I gave him my card I admitted that I did have some weed because I did not think it was an issue, because I'm a patient.




Were you on federal property?

If not, you can show up to court and get the weed charges dismissed.  But there is a chance you might not do that and they will stick.

Quote:

He searched the vehicle even after finding the weed, no surprise, he found a bit of lsd. He asked if there was anything else in the car. I knew I was fucked and I didn't want him tearing my new car apart so I admitted to the rest. I told him where to find the mdma and dmt.




That was a really bad idea and you should not have done that.  You just made his day.

Quote:

My honesty paid off I believe because he just gave me a ticket for possesion of LSD, MDMA, DMT. DRIVER IN POSSESION OF LESS THAN ONE OUNCE OF MARIJUANA, POSSESION OF HASHISH, TINTED WINDOWS, AND POSSESION OF DRUG PARAPHINALIA.




How can you say your honesty paid off when you got ticketed for everything you had?

Your honesty fucked you.  Really bad.  And you should not do it again.

Quote:

3. Also is a religious defense likely to work in regards to the DMT and maybe even the LSD?





No.  You are going to get convicted.  You showed the cop where it was.  You really shouldn't do that.

Quote:

I've looked Into getting a high price defense attorney in Chico california, apparently voted best lawyer in five counties according to the newspaper, according to his website. He want a $5000 retainment fee. I've talked him Into allowing me to do payments since I don't have 5 grand laying around.




I am not sure you should waste your time and money on a high priced defense attorney.  The cops have everything they need to win this case, so all a high priced lawyer can do is say "My client fucked up, please give him a break".

And that only goes so far.


Quote:

4.do I still have to pay him if he isn't able to do shit for me and I get the book thrown at me anyway?





Yes.  Depending on the deal you make with him, I guess.

Quote:

5. Is it normal to have to pay extra if we go to trial by jury?





Yes. 

Apparently Enlil does not charge extra for this, but all of the lawyers I have talked to do.  This is probably a very good decision for Enlil and his clients.  Not such a good decision for the police.


Quote:

6.how fucked am I realistically, he won't give me a straight answer, says there are many variables, that I could get it all dismissed or just get probation.




You are fucked.  You were stopped legally and during the investigation, you admitted having drugs in your car.

You really should not have done that!

You are going to get some probation. 

Quote:

I don't want to go to the rape cage, I'm very small, and my milkshake does indeed bring all the boys to the yard.




No one is going to rape you. 

Quote:

7. Will I be able to get my medicine and pipes back? One of them has very significant sentimental value and I would hate to just have some cop throw it in the trash.




Maybe.


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