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camelsmoker
smoke up



Registered: 02/20/05
Posts: 1,310
Loc: The Dirty Dirty
Last seen: 15 years, 1 month
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opinions on my charge!
#7447597 - 09/24/07 12:52 PM (16 years, 4 months ago) |
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Ok i got busted with over 200 doses of mixed research chems on top of tons of klonipins and xanax. the chems i had were 2ce, 5meodipt, 2ct4, 2ct9, 2cb, doi on cubes, doc on cubes, doi on paper, doi in jellys, and 4homipt. anything not on paper, cubes or in jellys was all dosed out in capsules and they found 2000 dollars, a milligram scale and empty capsules to put the doses in. they also have a paper that lists the chems i had with the color codes. right now im waiting on the lab report but since most of the chems were white they charged me with a felony for possession of cocain with intent but i didnt have cocaine so i think its just a charge they made up to hold me till the lab report comes back. im out on bond right now and what they are planning on doing is dropping my charge to simple felony possesion of whatever the labe report says i have the most of. do you think i will go to prison or get probation my bond was an OR bond so the judge let me go on my own with no bail money. i know they made up cocaine only because these chems are white powders and i know for a fact my chems were not laced with cocaine and that cocaine does not show up on a field strip when chems are tested so thats all bogus. Any opinions on what might happened im goin to sign a 5 year cap plea bargain for them to drop it from a class B felony to a class c. its my first felony and im currently not on any other type of probation or in any other trouble.
-------------------- THE LUNATIC IS IN MY HEAD <----(o)----> Check out www.alexgrey.com! He does tools artwork from lateralus. No harm can come from questioning. "Best" case scenerio: You prove it right without relying on the fact that it is widely accepted. Argument strengthened. "Worst" case scenerio: You realize you might have been wrong. The new answer might or might not be what you want to hear, but it beats defending yourself with bullshit. Qoted from (Koala Koolio)
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wps
Well-PaidScientist

Registered: 09/22/07
Posts: 579
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Re: opinions on my charge! [Re: camelsmoker]
#7447624 - 09/24/07 01:01 PM (16 years, 4 months ago) |
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don't take a plea until the lab results come back!
it seems to me like all they have you on is the prescriptions, and thats only a Class A misdemeanor.
If you fought the charges, I'd be surprised if they got you on any felonies.
-------------------- "America touts itself as the land of the free, but the number one freedom that you and I have is the freedom to enter into a subservient role in the workplace. Once you exercise this freedom you've lost all control over what you do, what is produced, and how it is produced. And in the end, the product doesn't belong to you. The only way you can avoid bosses and jobs is if you don't care about making a living. Which leads to the second freedom: the freedom to starve." - Tom Morello
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drew345
Stranger

Registered: 07/16/07
Posts: 33
Last seen: 15 years, 11 months
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Re: opinions on my charge! [Re: wps]
#7448118 - 09/24/07 03:32 PM (16 years, 4 months ago) |
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none of those RCs are technically scheduled they could all be analouge but that would be a long drawn out court battle. Get an attorney who specializes in drug cases then you may want to hire some experts. I would post this over at www.bluelight.ru in there legal QandA there are some actual lawyers over there not to mention some knowledgeable people.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: opinions on my charge! [Re: drew345]
#7448661 - 09/24/07 06:30 PM (16 years, 4 months ago) |
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Never take any plea deal that includes a felony on your record!
When the lab tests come back they may simply say "negative for cocaine". Then you'll get off scott free. Even if they do ID the chems, nothing you had was specifically illegal.
If they do prosecute you it will be a long drawn out trial. Chemists testifying, etc.. By the end the jury is going to throw out all the bullshit chemistry that they don't understand and just decide weather they think you should go to jail. If you put on a good innocent appearance and have no big record they will acquit you for sure.
You'll also have an easy time finding a chemist that will testify that the substances are not similar to controlled substances. When experts disagree the jury usually just ignores both.
Most people in your situation just puss out and wet their pants at the prospect of prison and end up taking a shitty plea deal when they could have gotten off. Let us know how it turns out even if you puss out.
-FF
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camelsmoker
smoke up



Registered: 02/20/05
Posts: 1,310
Loc: The Dirty Dirty
Last seen: 15 years, 1 month
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Re: opinions on my charge! [Re: fastfred]
#7450839 - 09/25/07 08:17 AM (16 years, 4 months ago) |
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2cb and 5-meo-dipt are specifically scheduled in the state of missouri so if the lab report comes back with those then yes than can charge me with them and any salt of isomer thereafter so specifically any tryptamine or phenethylamine narcotic is technically illegal because they are chemically similiar being salts of isomers. its only a felony because i had some many doses and pills. i was told by my public defender if i try to fight the case and take back my plea bargain the judge might revoke my bond because part of the agreenment on my bond was that i was sighn a plea agreenment on whatever the labe report says. this is a situation where i feel stuck ...i really dont want a felony but i dont want to go back to jail for fighting it... i sighned the plea agreenment for my felony but it hasnt been turned in yet i can still stop it when i go to court next hopefully they dont revoke my bond. i cant afford a good lawyer nor can i afford experts. i already have to take a bus from louisiana to missouri on my court dates which costs me alot already
-------------------- THE LUNATIC IS IN MY HEAD <----(o)----> Check out www.alexgrey.com! He does tools artwork from lateralus. No harm can come from questioning. "Best" case scenerio: You prove it right without relying on the fact that it is widely accepted. Argument strengthened. "Worst" case scenerio: You realize you might have been wrong. The new answer might or might not be what you want to hear, but it beats defending yourself with bullshit. Qoted from (Koala Koolio)
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drew345
Stranger

Registered: 07/16/07
Posts: 33
Last seen: 15 years, 11 months
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Re: opinions on my charge! [Re: camelsmoker]
#7451247 - 09/25/07 10:32 AM (16 years, 4 months ago) |
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Man thats tough I have never heard of such lame bond stipulations. I did not know that 2c-b and 5-meo-dipt were specifically scheduled anywhere. sounds like your kinda screwed well I hope you just end up with prohbation and a suspended sentence. They are probably gonna make it out like you were selling. You shoulod consider how they found the evidence maybe it was an illegal search?
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: opinions on my charge! [Re: drew345]
#7452094 - 09/25/07 02:44 PM (16 years, 4 months ago) |
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> 2cb and 5-meo-dipt are specifically scheduled in the state of missouri
That sucks.
> any salt of isomer thereafter so specifically any tryptamine or phenethylamine narcotic is technically illegal
The salts and isomers part in the law is pretty clear, but from there in it gets really shady. "Chemically similar" is a vague term that has no basis in science. The law is so vague, and if followed would make just about every thing illegal.
All tryptamines and phenethylamines are not illegal under the act. They aren't all salts or isomers of scheduled substances.
Frankly you didn't mention that you had controlled substances, so that makes it a bit different from just having RCs.
Regardless, you got a shit deal. Basically you pled guilty to everything that they could get you with without even pretending to put up a defence.
Never, ever plead to something before the discovery phase. You'll get fucked each and every time. You don't even know what evidence they have for christ's sakes!
Remember a plea deal is supposed to be a deal. They flashed a bunk charge at you that they couldn't get you with in order to make a felony plea deal sound good.
Anyways I doubt they will revoke your bond if you show up to court. That would be very rare, I wouldn't worry about that. You need to get yourself a public defender, find out what evidence they have against you, find out what you're facing for the charges, and what your judge usually sentences people to for that crime. Then you need to sit down with the public defender and the prosecutor and see what kind of deal they'll offer you.
There's no point in taking a deal that isn't a deal. You didn't even really mention what the deal was. Do yourself a favor and find out what they have on you and what they're offering before you sign your freedom away.
-FF
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camelsmoker
smoke up



Registered: 02/20/05
Posts: 1,310
Loc: The Dirty Dirty
Last seen: 15 years, 1 month
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Re: opinions on my charge! [Re: fastfred]
#7454011 - 09/25/07 11:43 PM (16 years, 4 months ago) |
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the deal is i have a possession of cocaine with intent charge and im waiting on the lab report to be officially re arrained because i admitted i didnt have cocaine in court but i didnt state what i really had either except in my statement but i didnt know any of these chems were specifically listed in missouri or i wouldnt have made a statement at all, I was just goin to plea to the cocaine charge befor the lab report came back worrying what the court would think about these new chems and getting fried for designers. i cant still take back my plea agreenment i didnt sign it in front of a judge and it hasnt been turned in yet either. my lawyer was goin to wait untill i was re-arrained then change it from cocaine to whatever chem/drug i had the most of. i have a public defender and i dont think hes doing all he can... i have the discovery it was semi legal search and seizure because my girlfriends mom turned me in and i was living under her roof. she turned in an envalope with 5meodipt and a letter that i was supposedly goin to send off for a trade and the local police came to the house. they searched my lockbox i gave verbal consent only but the discovery says i gave both verbal and written which is bullshit because i never gave written consent. i was never read my rights either when i was arrested nor was i told i could have a lawyer present during questioning or while making a statement.. i think ima have my lawyer trash the plea agreenment and wait this thing out.... when i got my or bond there really was no agreenment for bond only if i plea but when i got out and changed my mind i called my lawyer and hes like " well if you take back the plea agreenment the judge could revoke your bond" i think hes full of shit and helping the prosecutor... its a real sticky situation... and the letter that was found with the 5meodipt was for a trade i was goin to make for a milligram scale not to mention that letter isnt in my handwritting nor does it have my name anywhere on it.. i think im goin to take back my plea and get a change of judge or venue or whatever ... i know what evidence they have because i watched them confiscate it ... see i can say i didnt give consent to search my box and all they can do is argue but they lied in the discovery and said i gave written consent whos to say they didnt lie about the verbal consent but if they call in my x girlfriend or any of her family that was present during the search im sure they will testify against me but even if i lose taking it to trial i can file for an appeal because they didnt read me my rights and they lied about consent to search my safe was locked and just because the owner of the home says they can search the home does not mean they can come into a part of the home i was paying rent for and search in my personal lockbox... i think ima fight this shit and see what happens .. the worse is that i do 15% of 5 years and at the least probation or better even scott free! ima fire the public defender that i have at the moment cause he isnt working for me in my opinion. thanks for the input guys... ive been so stressed out about this whole thing since it happened... things only get better from here.
-------------------- THE LUNATIC IS IN MY HEAD <----(o)----> Check out www.alexgrey.com! He does tools artwork from lateralus. No harm can come from questioning. "Best" case scenerio: You prove it right without relying on the fact that it is widely accepted. Argument strengthened. "Worst" case scenerio: You realize you might have been wrong. The new answer might or might not be what you want to hear, but it beats defending yourself with bullshit. Qoted from (Koala Koolio)
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
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Re: opinions on my charge! [Re: camelsmoker]
#7454615 - 09/26/07 06:50 AM (16 years, 4 months ago) |
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If you would take the time to use paragraphs, punctuation, and capital letters, I would take the time to read what you type.
-------------------- Just another spore in the wind.
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camelsmoker
smoke up



Registered: 02/20/05
Posts: 1,310
Loc: The Dirty Dirty
Last seen: 15 years, 1 month
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Re: opinions on my charge! [Re: Seuss]
#7455066 - 09/26/07 09:43 AM (16 years, 4 months ago) |
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i was in a hurry sorry..... oh well ... everytime i think about this shit my brain hurts so im just goin to take it to trial and see what happens
-------------------- THE LUNATIC IS IN MY HEAD <----(o)----> Check out www.alexgrey.com! He does tools artwork from lateralus. No harm can come from questioning. "Best" case scenerio: You prove it right without relying on the fact that it is widely accepted. Argument strengthened. "Worst" case scenerio: You realize you might have been wrong. The new answer might or might not be what you want to hear, but it beats defending yourself with bullshit. Qoted from (Koala Koolio)
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: opinions on my charge! [Re: camelsmoker]
#7456934 - 09/26/07 06:34 PM (16 years, 4 months ago) |
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Good deal CS. You really have no bargaining power until you plead not guilty since there's no incentive for them to offer you a good deal if they know you're going to plead guilty anyways.
As far as consent to search, I wouldn't expect too much out of that. Verbal consent is plenty and they probably have multiple officers that will testify that you gave it. Proving them liars because they can't produce written consent isn't going to help you much either. They are going to say that it's a mistake or typo. Then you'll be able to press them on the fact that they're sloppy with bad memories, but as far as making them out as liars I don't think you'll get all that far. Possibly if you get them to swear to it under oath you might get a little mileage, but probably not a case breaker.
As far as the public defender, they'll only do as much as you pressure them to. Call and set up meetings and request that he file motions to suppress, etc.. Then if he fails to do those things you'll have plenty of cause to fire him and get a new one.
As far as not being read you rights, that really isn't shit either. The only thing that would possibly get you is a confession suppressed if you confessed during questioning. Otherwise it's worthless to you.
From your situation it seems like you have witnesses against you. That's pretty bad. With even one witness they can really drag you through the mud. I do advise you to take a plea bargain, but the proper time is after you've pled not guilty and gotten a lawyer. Then wait until they've done a little work on the case, but not too much.
Also figure out exactly what you know they can get you with and try to plead to a slightly reduced charge. I would hope for misdemeanor possession in your case. If they offer that snap it up. Good luck.
-FF
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