1d10t3k said:
the situation is really whack actually. she was driving home and she had a small amount of weed with her.. bad choice of course.
anyway, she apparently "weaved a little" and was pulled over (reeaaaally small town cops, they're douchebags) and arrested. this is because she was on probation already but her PO was cool and liked her so he still let her off probation as well as let her out of jail after like 4 days. the cops have the state do a blood analysis.
fast forward about a year and a month. prosecutors have been changed a couple of times due to varied business of the original one.. pleas have been offered and negotiated. the court date keeps getting pushed further and further ahead, which blows. we just found out that the state has somehow lost track of her blood analysis - they only know that it was positive for marijuana, but no details beyond that.
i'm thinking her lawyer should be able to do wonders with that, but since it's her 2nd offense of this nature it doesn't look like the judge will let her get by so easy.
we're just trying to get past this so we can move to florida.
Be patient... don't tell anyone you're trying to get it over with (especially your attorney)..... Act like you got all the time in the world to prove your innocence.
They are pushing the court date back because they don't have a case and want her to plead guilty... Insist upon trial.... INSIST..... your own attorney might work against you and try to scare you into pleading guilty..... it's less work for them if you do.
You know your attorney is screwing you when:
1. they ask you what your defense is.
2. they tell you the judge is tough.
3. they tell you the prosecutor is determined.
4. they only want to talk about plea deals instead of your defense.
5. they tell you that the deal is so good, you better take it now before it's too late.
6. he shows up for a hearing/meeting and he doesnt have "__________" (your file, the evidence, whatever paperwork he should have) with him.
attorneys are exactly like used car salesman.. don't believe a word they say.... don't tell them you're in a hurry to get this done ... DON'T SIGN ANYTHING unless you have considered it for at least a month. ... always ask for time to think about it.. .. you will get it.....the longer you can hold out, the better deal you will get.
the prosecution's case can only get weaker with time. ...they lose evidence, witnesses move away, cops retire, deadlines get missed.
be patient. it's worth it.... there is no better deal then case dismissed and a prosecutor will bluff you all the way to the day of the trial.
if they are dragging their feet, make sure you keep going to your hearings, they willl get scarier and scarier but stay strong and show up for trial cuz that's case dismissal day.
if they are moving right along with your case, no delays, that's when you worry.
I used to work for the prosecutor's office and I've played both sides of this game and had my own case dismissal days in court, despite my attorney screaming at me that i was guilty and needed to take the plea deal..... i dont listen to attorney's cuz i havent met one yet that was really concerned about doing anything for my ass other than screwing it... . as my appointed courthouse bitch he's gonna have to handle a mountain of paperwork, and i loooooooove bending this one over and giving it to him so he gets a little taste of justice too cuz i knew he was deliberately lying to me with the first words out of his mouth.
now, we've been together for 3 years and 3 pro bono cases and he lied and lied and lied but in the end, the truth always came out.
case dismissed x 3
the truth is that getting all the way to the end (the day of the trial) made my case 10 x more work for him than it wouldve been if i had just taken those deals that wouldve sent me to jail after case 2 or 3 and made me a felon a few times over for something i wasn't even guilty for. (aw - sad face)
anytime you have a legal issue, it's going to take time... it's better to put as much time in as possible while you're on this side of the bars. you might think it's a great plea deal, and you're only getting probation but once you are guilty, you're always guilty and the next time they get you, you will already be guilty and now since you're repeatedly guilty, they want an aggravated sentence and you will regret taking that great deal when you couldve just gone to a few more hearings, waited a few months to move, and gotten your case dismissed.
you have the right to have the blood tested by your own analysts. tell your attorney, preferably by email so you can prove you told him, that you want to have the blood analyzed for your defense cuz you know its clean.
the details vary by state but generally, he files the paperwork for discovery, and they have so much time to come up with the blood and if they don't, you file a motion to dismiss WITH prejudice for the state's failure to comply with discovery.
dismissed with prejudice means its done, you won and they can't bother you about it anymore, or use it against you in any way, no matter what.....if they dismiss without prejudice, they can re-file the charges and they will, especially if she gets nailed again and then she's gotta fight both cases together..
in arizona holding tanks, you'll hear someone say they just got "page 2" which means charges that had previously been dismissed without prejudice just got brought back up and tacked on to the current charges they just got arrested for,(page 1) and they gonna sit there awhile cuz the bond just went up.
dont be a dumbass -- im not an attorny, i don't know shit, and this information is based 100% on my experiences alone which means it may or may not be distorted by delusions, hallucinations or faulty cranial wiring, and therefore, it might be different from what someone else experiences, so take it for what it's worth... (im worth nothing on paper).
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