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Anonymous #1

Urgent: possession controlled substance charge
    #18534100 - 07/09/13 12:42 PM (10 years, 10 months ago)

So my court date is today in a few hours, and I want to beat this charge. The drugs were not on my person at the time of arrest, it was found in my wallet which was in the car. Say my friend was in possession of my wallet and put the drugs there before we were arrested, would that be a useable defense?

Again the drugs were not in my possession during the time with the interaction with the police, it is assumed that the drugs are mine (from their point of view).

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InvisibleSham87
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534111 - 07/09/13 12:47 PM (10 years, 10 months ago)

What was the quantity of drugs you were caught with. They won't buy the friend put them in my wallet excuse.

If it is your first offense you might get off easy depending on the quantity. Honestly it depends on the judge.

Good luck and good vibes brotha.


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Invisiblejohnm214
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534112 - 07/09/13 12:47 PM (10 years, 10 months ago)

Ah yes, your "court date".  I'm sure that's enough information to give you this urgent advice you need.  If its a trial your fucked anyways.  If its an araignment, just ask for a lawyer if you can't afford one, otherwise plead not guilty and go retain an attorney.


And you confessed to the officer, right?  What exactly did you admit to or kind of admit to or agree to or whatever?  Where the actual product is doesn't matter so much in many cases as people just admit everything.


I assume this is in Botswana, yes?

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Anonymous #1

Re: Urgent: possession controlled substance charge [Re: johnm214]
    #18534144 - 07/09/13 01:01 PM (10 years, 10 months ago)

No, I didn't admit to having the drugs in my possession. It is my first offense. This is in the US. The amount was a little less than a half gram of heroin.

Also I'm not exactly sure what the difference between an arraignment and a trial are, this will be my first time appearing in court for this charge.

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InvisibleDr.Dankhead
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534148 - 07/09/13 01:04 PM (10 years, 10 months ago)

Quote:

Anonymous said:
No, I didn't admit to having the drugs in my possession. It is my first offense. This is in the US. The amount was a little less than a half gram of heroin.




Heroin, awe sorry to hear bud, but you are fucked..

I had Similar charges=fucked in the anus region..

I'm sorry to hear, but good luck at court,

Court=shit..


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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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Anonymous #1

Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534164 - 07/09/13 01:09 PM (10 years, 10 months ago)

Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?

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Anonymous #1

Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534266 - 07/09/13 01:35 PM (10 years, 10 months ago)

Heading to court now. Wish me luck.

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InvisibleDr.Dankhead
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534305 - 07/09/13 01:43 PM (10 years, 10 months ago)

God speed, and good luck be with you...

Court systems are so fucked up these days..


--------------------

:mushroom2:**need a check up?**:aliendance: **im a Doctor**:mushroom2:
:bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2:
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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InvisibleEnlilMDiscord
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534480 - 07/09/13 02:28 PM (10 years, 10 months ago)

Quote:

Anonymous said:
Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?



The reason it's not going to work is you have no way to prove it.  In your wallet is plenty to make a prima facie case for possession, so you'll have to offer evidence that the guy put it in there...unless that person testifies, how are you going to do it?  Do you have hidden cameras in your car?


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Offlineleon trout
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18534500 - 07/09/13 02:33 PM (10 years, 10 months ago)

Quote:

Anonymous said:
Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?




are you trying to put your drugs off on someone else?.. because that's what it sounds like... if i were yr friend & knew you were thinking along these lines, you'd be minus one friend... man up, lawyer up... it's the only fucking civil approach...


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InvisibleVitalux
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Re: Urgent: possession controlled substance charge [Re: Enlil]
    #18535081 - 07/09/13 04:38 PM (10 years, 10 months ago)

Quote:

Enlil said:
Quote:

Anonymous said:
Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?



The reason it's not going to work is you have no way to prove it.  In your wallet is plenty to make a prima facie case for possession, so you'll have to offer evidence that the guy put it in there...unless that person testifies, how are you going to do it?  Do you have hidden cameras in your car?





In Canada, they have what is called the Canada Evidence Act.
Now I am no expert or even competent to give advice, but here is what I know.

Under the Canada evidence act, if someone else put the drugs in the guys wallet, they could go to court, and testify under the Canada Evidence Act that they put the drugs in the wallet and the accused would stand a good chance of beating the charge.

Do they have a similar system in the USA for presenting testimony of similar cases?

However, I think in this case, i also agree the accused (OP) is going to be found guilty.
I assume it would probably be a relatively simple charge and probably result in a fine, probation, drug counselling etc.


Curious ....why do people commit the crime if they are not comfortable with doing the time :shrug:?

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Re: Urgent: possession controlled substance charge [Re: Vitalux]
    #18535137 - 07/09/13 04:48 PM (10 years, 10 months ago)

Certainly, the friend could testify that he put the drugs in the OP's wallet, but then he'd be admitting to a crime under oath and be handing himself up for conviction on a silver platter. 

The friend can't be FORCED to testify to that, however, because he has a 5th amendment right against compelled testimony against himself....So unless the friend is willing to go to jail for OP, I don't see it happening.


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Anonymous #1

Re: Urgent: possession controlled substance charge [Re: Enlil]
    #18535655 - 07/09/13 06:16 PM (10 years, 10 months ago)

Relax guys, I never said anything about testifying against my friend or putting the charge on him, I could've easily said that someone else I know that I owe money to held my wallet as collateral and this shit happened. I'm not a narc or scumbag douche so don't assume so idiots.

I'm just trying to not become a felon over a tiny piece of dope and lose my second amendment rights over it.

Any help is appreciated.

Also, went to court, what a waste of time, they pretty much made me go there just to assign me a public defender, then I went home. Wtf...

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InvisibleSham87
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1] * 1
    #18535923 - 07/09/13 07:11 PM (10 years, 10 months ago)

You're legal troubles are just beginning bro.


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Anonymous #1

Re: Urgent: possession controlled substance charge [Re: Sham87]
    #18535990 - 07/09/13 07:24 PM (10 years, 10 months ago)

Yeah, I know, it's completely fucked, we weren't even doing anything but having a conversation. Nobody else was involved and nothing else that should be illegal was done.

It's like if they made possessing Cheetos illegal and we'd all have to hide our Cheetos while eating them or not eat them at all.

Seriously, fuck 'em.

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InvisibleSham87
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18536008 - 07/09/13 07:27 PM (10 years, 10 months ago)

If you live in California you can always use prop 36.


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InvisibleEnlilMDiscord
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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18536015 - 07/09/13 07:28 PM (10 years, 10 months ago)

That's the point...so you won't use heroin.


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Anonymous #1

Re: Urgent: possession controlled substance charge [Re: Enlil]
    #18537413 - 07/10/13 12:08 AM (10 years, 10 months ago)

What the fuck is wrong with using heroin in the privacy of your own car? Actually, we weren't even using, we had used hours earlier. It's not like the neighbors saw us tying up and the cops showed up with us in needles in our arms with eyes rolled back and tongues hanging out. We were completely sober having an intelligent conversation while sitting I'm his car, if my buddy didn't have a warrant and the car hadn't been searched I wouldn't have even been dragged into this mess.

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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18538064 - 07/10/13 05:26 AM (10 years, 10 months ago)

Quote:

Anonymous said:
What the fuck is wrong with using heroin in the privacy of your own car?



Nothing is "wrong" with it...but it is a crime, and the purpose of the criminal statute is to reduce the use of heroin.


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OfflineD.M.T
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Re: Urgent: possession controlled substance charge [Re: Enlil]
    #18542358 - 07/11/13 02:06 AM (10 years, 10 months ago)

Its purpose is more along the line as one more way to keep law enforcement afloat, and look like they're doing something for the community so they'll get more federal funds and local levies passed.

Bro that defense won't work. By logic of law the wallet belongs to you and it was found NEAR YOUR PERSON. This suggests that at this point you should have been responsible for your wallet no matter if your friend put the drugs in it or not, and this suggests that it does not matter if you are aware of the drugs as you are the owner of the wallet and the wallet was not stolen.

I'd personally plead no contest, avoid all the lawyer fees, and take the fifth degree felony and probation. Taking it to trial will just prolong it and give you similar results with thousands of dollars less. I don't think there are any charges you could plead lesser to and have it reduced. Not for heroin but that is where you may want to research further. I'm sure that might not be the best advice, but it doesn't sound like you really have any defense. You've just gotta do your best to have the judge pity you as some suburban white kid who just made a one-time mistake and is gonna go to rehab or w/e.

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Offlineleon trout
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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)

Quote:

Anonymous said:
What the fuck is wrong with using heroin in the privacy of your own car?




:facepalm:

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.” 
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:gd_icon:the bus come by & i got on, that's when it all began:gd_icon:


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Anonymous #1

Re: Urgent: possession controlled substance charge [Re: leon trout]
    #18542528 - 07/11/13 04:14 AM (10 years, 10 months ago)

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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Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
    #18543308 - 07/11/13 10:03 AM (10 years, 10 months ago)

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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Re: Urgent: possession controlled substance charge [Re: nightshd]
    #18543979 - 07/11/13 01:08 PM (10 years, 10 months ago)

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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OfflineAlan RockefellerM
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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)

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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InvisibleDr.Dankhead
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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)

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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:mushroom2:**need a check up?**:aliendance: **im a Doctor**:mushroom2:
:bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2:
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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OfflineAlan RockefellerM
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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)

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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Re: Urgent: possession controlled substance charge [Re: Alan Rockefeller]
    #18550142 - 07/12/13 06:37 PM (10 years, 10 months ago)

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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:mushroom2:**need a check up?**:aliendance: **im a Doctor**:mushroom2:
:bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2:
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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Offlineilluminati
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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)

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.


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Re: Urgent: possession controlled substance charge [Re: illuminati]
    #18550588 - 07/12/13 08:33 PM (10 years, 10 months ago)

A lawyer can't represent co-defendants because it is a conflict of interest, and also per se ineffective assistance of counsel.


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