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leon trout
Estimated Prophet



Registered: 09/13/12
Posts: 1,089
Loc: The Timbers of Fennario
Last seen: 4 years, 9 days
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18542441 - 07/11/13 03:15 AM (10 years, 10 months ago) |
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Quote:
Anonymous said: What the fuck is wrong with using heroin in the privacy of your own car?

c'mon man, think about that shit for a minute...
-------------------- “I read somewhere that 77 per cent of all the mentally ill live in poverty. Actually, I’m more intrigued by the 23 per cent who are apparently doing quite well for themselves.” ~ St. Jerome of Marin
the bus come by & i got on, that's when it all began
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Anonymous #1
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Re: Urgent: possession controlled substance charge [Re: leon trout]
#18542528 - 07/11/13 04:14 AM (10 years, 10 months ago) |
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Privacy of your own car... Same as home. What do you think tinted windows are for. There is an expectation of privacy in your car as well as your home.
In regards to my case, I went there, got assigned a pd, and left. What a waste of time. The dude who was assigning me the pd for some reason wouldn't allow me the same pd who was in charge of my friends case, seems like my friends pd would have the same knowledge as opposed to assigning me a new pd, but whatever. Looks like I'm fucked either way.
Fuck. Ill never be able to own firearms again...? That makes me a very sad panda.
I'm hoping the cops don't show and somehow I could get the charges dropped.... If only I had 5 more seconds to take the dope out and leave it somewhere.
Would asking for a continuation work in my favor in any way.
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nightshd
Stranger

Registered: 02/26/09
Posts: 297
Last seen: 10 years, 9 months
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18543308 - 07/11/13 10:03 AM (10 years, 10 months ago) |
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Just plead not guilty and say you want to go to trial, they'll offer you a series of pleas to avoid the cost of trial. Worst case you get found guilty so its not like you lose anything by fighting it. Also since when is possession a felony.
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D.M.T
Shroomery Contaminant



Registered: 10/31/09
Posts: 10,991
Loc: In your brain
Last seen: 4 years, 5 months
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Re: Urgent: possession controlled substance charge [Re: nightshd]
#18543979 - 07/11/13 01:08 PM (10 years, 10 months ago) |
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Quote:
nightshd said: Also since when is possession a felony.
In my state (Ohio), possession of a Schedule I substance such as heroin is a felony of the fifth degree from .001g to 1 gram. 1 to 5 grams are fourth degree felonies. More than five grams you're probably gonna do a little stint in jail because those are third degree felonies and higher. that's just possession too. Possession with specifications such as guns being present when the drugs were found, large amounts of cash present near the drugs, or scales/anything they can tie to distribution, then the degree of the felony goes even higher (plus they add misdemeanor "criminal tools" and "paraphernalia" charges). For instance I know a girl who was a passenger in the seat of a car doing a drug deal. They were given first degree felonies (as high as it gets) for selling 14 grams of heroin to an undercover. Drug laws aren't relaxed by any means man, I'd say the laws are similar in every other state. Felonies all around.
I think you're probably not gonna have as good results fighting it with a public defender as you would if you spent the money on a good lawyer. That's just my opinion based on what I've seen. The courts don't like to help people they think don't have money, use drugs, and live with their parents (just assuming you're around that college age). It doesn't seem like they like it much when people fight them and they find them guilty.
For instance there was a guy in Cincinnati who shot and killed another guy . he was given plea deal for 5 years if he'd admit to it. He wouldn't admit because he thought the victim's dying "blinks" (as that is all he could do to speak from his hospital bed) wouldn't be found admissable in court. Inevitably he received a 15 to life sentence.
I know of another case very similar also in Cincinnati of a teen arrested for murder but I can't be assed to remember the details.
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 23 hours
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18546460 - 07/11/13 10:54 PM (10 years, 10 months ago) |
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Quote:
Anonymous said: In regards to my case, I went there, got assigned a pd, and left. What a waste of time.
Ask your PD if you can get diversion.
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Dr.Dankhead
Uhh...doctor gonzo?



Registered: 03/29/13
Posts: 5,187
Loc: Breathing down your neck
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Re: Urgent: possession controlled substance charge [Re: Alan Rockefeller]
#18549232 - 07/12/13 03:01 PM (10 years, 10 months ago) |
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Quote:
Alan Rockefeller said:
Quote:
Anonymous said: In regards to my case, I went there, got assigned a pd, and left. What a waste of time.
Ask your PD if you can get diversion.
Dont you need to be under 18 to get the diverson program?
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**need a check up?** **im a Doctor**
         i sometimes wish I was a wormy, wiggling all in the cold dirt...tickle tackle pickle dickle think a mackshift thought of broken words broken gears and words of conundrums..I'm not a weiner doctor so take that shit to dr. Gonz free boob inplant consultations.. Photo required
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 23 hours
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Re: Urgent: possession controlled substance charge [Re: Dr.Dankhead]
#18549911 - 07/12/13 05:48 PM (10 years, 10 months ago) |
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It varies by state, but usually not. Diversion is a way that first time drug offenders can get let off the hook, somewhat, if they stay out of trouble. It´s basically your only shot at not getting a conviction on your record if the search is determined to be legal.
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Dr.Dankhead
Uhh...doctor gonzo?



Registered: 03/29/13
Posts: 5,187
Loc: Breathing down your neck
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Re: Urgent: possession controlled substance charge [Re: Alan Rockefeller]
#18550142 - 07/12/13 06:37 PM (10 years, 10 months ago) |
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Quote:
Alan Rockefeller said: It varies by state, but usually not. Diversion is a way that first time drug offenders can get let off the hook, somewhat, if they stay out of trouble. It�s basically your only shot at not getting a conviction on your record if the search is determined to be legal.
Ah I see..
When I was a i think 16 or 17 i got possession and paraphernalia.. Because i was under 18 i went through it with unsupervised probation and i think like 6 hours probation.
I got lucky lol
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**need a check up?** **im a Doctor**
         i sometimes wish I was a wormy, wiggling all in the cold dirt...tickle tackle pickle dickle think a mackshift thought of broken words broken gears and words of conundrums..I'm not a weiner doctor so take that shit to dr. Gonz free boob inplant consultations.. Photo required
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illuminati
Strange


Registered: 06/17/07
Posts: 556
Loc: Aboard the T.A.R.D.I.S.
Last seen: 3 years, 8 months
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Re: Urgent: possession controlled substance charge [Re: Dr.Dankhead]
#18550555 - 07/12/13 08:23 PM (10 years, 10 months ago) |
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I would imagine the reason you weren't able to get the same public defender as your friend is likely due to that being a conflict of interest. For example, if your public defender did decide to go with the defense that your friend put the heroin in your wallet, it sure wouldn't look very good for him if he was also defending your friend, and then he had to say it was your heroin. It's just not good (and probably a violation of ethics [but I'm no lawyer]) for a lawyer to defend two different clients by accusing the other.
-------------------- I didn't get turned on I just got turned I wasn't as aroused as I was concerned for each one of 'em I've hurt and every time I've been burned I've got a lot to teach but even more to learn
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Urgent: possession controlled substance charge [Re: illuminati]
#18550588 - 07/12/13 08:33 PM (10 years, 10 months ago) |
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A lawyer can't represent co-defendants because it is a conflict of interest, and also per se ineffective assistance of counsel.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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