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OfflineRewindicus
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Re: Ask a defense attorney [Re: Stonehenge]
    #16912848 - 09/26/12 03:20 AM (11 years, 9 months ago)

Enlil! So heres the situation my buddy is in.....

On friday night he was cramming for school and had worked all day and did homework all night till morning but then had class and was literally awake for over 24 hours at this point with work and studying and then class. Well at 6am saturday morning he took 1 Phentermine pill. Its in the amphetamine family and is a prescription drug. Mind you he doesnt have a prescription himself. Yesterday as in Tuesday about 72+ hours after intake he was riding in his work truck and a lady in a car at a stop light tried to squeeze by. Her car ever so slightly grazed his work truck that he was not driving by the way just his partner. Well company policy is that all collisions no matter how small have a full police report done and a drug test and breathalyzer given to all involved including my friend who was not driving or currently under the influence of any drugs or alcohol.

At the doctors office his 5 panel drug test came up with a "weird and unreadable result" said the tech. The tech also said that "that particular box of drug tests had been giving weird results lately that needed to be sent out."

So they are sending it to a lab for a 10 panel test. They said they will call my friend with results in 3 days before they call his job. My friend also stated that in the paperwork he filled out there was no questions about being on any medications and that no one at the doctors office asked him if he was on any.

My bud is very worried about losing his job (he is by no means an amphetamine user it was just very extenuating circumstances with needed to go to class and what not) and he is curious as to what he should do?

My suggestion was to go in tomorrow and explain to his boss that the tech saying there was a weird and unreadable response made him a little nervous and that talking to some friends he found out that some ephedra containing over the counter decongestant products can give false amphetamine positives in drug tests. And that he was just curious as to what would happen if the result does come back positive?

What do you think enlil? Should my bud just keep his mouth shut and wait for results? If he is indeed let go from his job for failing a drug test do you know if that affects future jobs? (he works in the medical industry btw as a paramedic)

any advice is greatly appreciated!


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“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.”- Dr. Seuss

"Too much of a good thing, can be wonderful!" - Mae West

"If you have nothing nice to say about anyone, come sit next to me."
- Alice Roosevelt Longworth




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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Rewindicus]
    #16913032 - 09/26/12 05:15 AM (11 years, 9 months ago)

First, you have to understand that this is a work policy issue...not a legal one.  Hiring/firing decisions are completely at the discretion of the employer.  They could fire him for testing positive for caffeine if they wanted to.

Having said that, they're probably looking for street drugs...mostly weed, meth, opiates, and coke.  Whether this might trigger a false for meth is a question for another person. 

In any case, it's better not to tell the boss anything at this point.  First, there is a very real possibility that the test will not come back positive.  Second, telling the boss about it now only plants the seeds of doubt in his head.  Being surprised when the test comes back positive is probably a much better choice.  After all, the dude didn't score some drugs and come to work stoned....

If the test comes back positive, he can take his best shot at explaining it.  If that fails, he loses a job.  It's not the end of the world, and it won't affect him forever.  He might have to explain it again to future employers, but it isn't going to mean that he's unemployable.  Drug abuse and addiction issues are taken seriously in the medical industry, so he might be asked.  I doubt anyone is going to conclude he's a speed freak because of this.


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Offlinedetest86
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Re: Ask a defense attorney [Re: Enlil]
    #16913110 - 09/26/12 05:52 AM (11 years, 9 months ago)

subscribing to thread

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Offlinetrip352
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Re: Ask a defense attorney [Re: detest86]
    #16913699 - 09/26/12 09:16 AM (11 years, 9 months ago)

Tell them he has allergies... Antihistamine will thro off the markers for methamphetamine... I've done this before cause I take so much Benadryl...

Lol hope this helps

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OfflineRewindicus
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Re: Ask a defense attorney [Re: trip352]
    #16914344 - 09/26/12 12:39 PM (11 years, 9 months ago)

trip...has that worked for you? what happend? did they retest?


--------------------
“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.”- Dr. Seuss

"Too much of a good thing, can be wonderful!" - Mae West

"If you have nothing nice to say about anyone, come sit next to me."
- Alice Roosevelt Longworth




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OfflineRewindicus
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Re: Ask a defense attorney [Re: Rewindicus]
    #16914348 - 09/26/12 12:40 PM (11 years, 9 months ago)

and thank you so much for the info enlil i know it wasnt exactly a legal question but i was curious of your opinion being the smart man you are!


--------------------
“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.”- Dr. Seuss

"Too much of a good thing, can be wonderful!" - Mae West

"If you have nothing nice to say about anyone, come sit next to me."
- Alice Roosevelt Longworth




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Offlinesonamdrukpa
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Re: Ask a defense attorney [Re: Rewindicus]
    #16917580 - 09/26/12 09:54 PM (11 years, 8 months ago)

Is there any precedent for challenging the current working definition of a "jury of your peers"?  If you're being charged with a crime that requires some expert knowledge in order to accurately say if you've done it or not then it wouldn't be very fair to have a bunch of quasi-randomly selected citizens decide your fate.  Bankers being charged with banking crimes should be judged by financial experts, computer hackers by I.T. experts, etc.  Has this ever been done before?  Does it even make sense, legally speaking?


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Invisiblejohnm214
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Re: Ask a defense attorney [Re: sonamdrukpa]
    #16917649 - 09/26/12 10:05 PM (11 years, 8 months ago)

Its not a US Constitutional issue.  The requirement is that they be impartial, not your peer.

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Offlinesonamdrukpa
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Re: Ask a defense attorney [Re: johnm214]
    #16917994 - 09/26/12 11:17 PM (11 years, 8 months ago)

Ah, just looked that up.  Thank you.

I wonder where that phrase started floating around from.


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InvisibleDiploidM
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Re: Ask a defense attorney [Re: sonamdrukpa]
    #16919345 - 09/27/12 08:28 AM (11 years, 8 months ago)

People often say "I have a right to have my case heard by a jury of my peers!" when there is no such right in the Constitution. The Constitution does take up the issue of juries, however. It is the nature of the jury which is not in the Constitution. In Article 3, Section 2, the Constitution requires that all criminal trials be heard by a jury. It also specifies that the trial will be heard in the state the crime was committed. The 6th Amendment narrows the definition of the jury by requiring it to be "impartial." Finally, the 7th Amendment requires that certain federal civil trials guarantee a jury trial if the amount exceeds twenty dollars.

Note that no where is a jury "of peers" guaranteed. This is important for some historical and contemporary reasons. Historically, the notion of a peer is one of social standing — in particular, in a monarchy such as the one the United States grew up from, commoners would never stand in judgement of lords and barons. Along these same lines, since suffrage and jury service have always been closely tied (and in the beginnings of the United States it was typical for only white, male, property-owners to be allowed the vote), any combination of gender, race, and economic status would be judged by only one kind of jury, hardly by "peers."

Today, the American ideal dictates that we are all peers of one another, that regardless of gender, race, religion, social status, or any other division (except age), we are all equal. In this ideal, since we are all peers, a guarantee of a jury of ones peers would be redundant. While some argue with this ideal, it is the most democratic way to approach the subject. Juries need only be impartial, and not made up of one's peers, else the jury system would be unworkable.


Things that are Not in the U.S. Constitution


--------------------
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.

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: sonamdrukpa]
    #16919369 - 09/27/12 08:35 AM (11 years, 8 months ago)

Quote:

sonamdrukpa said:
Is there any precedent for challenging the current working definition of a "jury of your peers"?  If you're being charged with a crime that requires some expert knowledge in order to accurately say if you've done it or not then it wouldn't be very fair to have a bunch of quasi-randomly selected citizens decide your fate.  Bankers being charged with banking crimes should be judged by financial experts, computer hackers by I.T. experts, etc.  Has this ever been done before?  Does it even make sense, legally speaking?



The "peers" issue has been adequately addressed.

As far as your idea about juries with specialized knowledge, that really isn't necessary or even desirable.  Juries are tasked solely with determining the facts of the case.  If evidence requires some specialized knowledge to be interpreted, expert witnesses can help the jury with that.  What we don't want is a bunch of self-styled "experts" on the jury who have just enough knowledge to misinterpret the evidence.  Further, we don't want juries to be at home on google doing their own research about issues in the case. 

The rules of evidence are designed to make trials as fair as possible.  In pursuit of this lofty goal, evidence must sometimes be excluded or admitted for limited purposes.  Juries that try to play detective only undercut the efficacy of the rules of evidence.


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Offlinejoshisstoned
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Re: Ask a defense attorney [Re: Enlil]
    #16922989 - 09/27/12 07:53 PM (11 years, 8 months ago)

Update.... My boy got two years suspended sentence with low priority probation for two years. Pisses once a month and has no curfew pretty much a " don't get in trouble with the law" probation for the attempt to manufacture shrooms.

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: joshisstoned]
    #16925341 - 09/28/12 06:56 AM (11 years, 8 months ago)

If he can keep his piss clean, he's home free.  That's good news.


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Offlinejoshisstoned
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Re: Ask a defense attorney [Re: Enlil]
    #16926020 - 09/28/12 10:22 AM (11 years, 8 months ago)

Yeah it is. He was going to fight it over the way the search began/progressed, but he knew he would not get actual time unless he pisses dirty by pleading down. He is cool there as he didn't ever really smoke. I'm glad my buddy is not in old Mansfield. He also found out he's having twins since he got his sentence on wed. I'm da godfather......muhahahahaha!

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OfflineExperimenting
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Re: Ask a defense attorney [Re: joshisstoned]
    #16944727 - 10/01/12 12:44 PM (11 years, 8 months ago)

Alright, so recently I was arrested and Charged with a minor in possession. I was set up to go to court on Oct. 15th but yesterday I found out the arresting officer was suspended(will still be suspended for my court date) and reassigned  from the APD traffic unit to the Field Services Bureau.

Taking all this into consideration what are the chances the charges against me will be dropped?

here is the news article about his suspension.
http://www.krqe.com/dpp/news/crime/officer-suspended-over-texts-to-teen

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Experimenting]
    #16944745 - 10/01/12 12:47 PM (11 years, 8 months ago)

It's certainly worth pleading not guilty.  I doubt he'll be coming in for trial while suspended without pay.


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OfflineRewindicus
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Re: Ask a defense attorney [Re: Experimenting]
    #16944768 - 10/01/12 12:50 PM (11 years, 8 months ago)

Dang! You may have Lucked out!


--------------------
“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.”- Dr. Seuss

"Too much of a good thing, can be wonderful!" - Mae West

"If you have nothing nice to say about anyone, come sit next to me."
- Alice Roosevelt Longworth




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OfflineExperimenting
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Re: Ask a defense attorney [Re: Enlil]
    #16944790 - 10/01/12 12:54 PM (11 years, 8 months ago)

That's exactly what I wanted to hear! Even if it sounds too good to be true!:grin:

Is it true if the arresting officer does not show up the charges are automatically dropped?

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Experimenting]
    #16944833 - 10/01/12 12:59 PM (11 years, 8 months ago)

Not necessarily.  If there is any other officer that was present, he/she can testify to the facts.


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OfflineExperimenting
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Re: Ask a defense attorney [Re: Enlil]
    #16944859 - 10/01/12 01:02 PM (11 years, 8 months ago)

There was 1 other officer but he just came to see if the arresting officer needed help then left.

Crossing my fingers he doe not show up!!!

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