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Accept plea or go to trial? Accept plea or go to trial?

12-01-2012 , 04:07 PM
Quote:
Originally Posted by XxGodJrxX
I don't know if you realize this, but I am the "freakjng pd" that you are talking about...

I already said when I believe a private attorney is better than a public defender, when a public defender might be better than a private attorney, and when it might be a toss-up. Please don't misquote me to make it seem like I said that a private attorney is always better than a public defender, because it simply is not true.
This is why you do not trust a PD to do your job. This thread has several weird attorneys in it and a schizophrenic PD. Why would you hire someone like the guy above when he said that after saying:

Quote:
If I was in your predicament, I would try to hire one of the top defense attorneys, and make it clear from the beginning that this is going to be a trial. In fact, that is the most important thing you can do to get your lawyer working for you, no matter who it is. Lawyers often assume that cases are going to plea if the offer gets low enough. If you tell your lawyer that you will not plea to any felony under any circumstances, he will be working like a trial from the beginning, and that is the best thing that can happen for your case.
So right now we have proof that some PD's are absolutely crazy. He can't keep his head straight reading an OOT thread. How the heck do you think he could manage to juggle 130 open cases, many where people's lives are on the line.

He has proven that sticking with a PD is a horrible idea, just with two posts.

YOU TOLD HIM TO GET A HIGH PRICED CRIMINAL DEFENSE ATTORNEY and then claim you did not.

-1 for bad lawyers.

This is my point, too many people think because someone is a lawyer they are smart or competent. This is just not true. Anyone who thinks this doesn't know more than a couple of lawyers. This is why he uses his retired FBI father to get him a reference to a good attorney and go from there. Not take the advice of a down on their luck PD who forgets what they said 3 days ago.

By the way what is up with the bad lawyers in this thread. It is amassive liability to just go around giving out legal advice like some of you are doing, without any caveat or disclaimer.

Don't listen to a schizophrenic PD and a Prosecutor with an agenda in this thread when it comes to figuring out what to do.

Funny too God, I actually had you labeled as one of the lawyers worth listening to, until you totally lost your mind and flipped your spot and completely lied about what you already said.
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12-01-2012 , 04:08 PM
Quote:
Originally Posted by MicroBob
I mean, how does the cop see the plate while he is at the drive thru? seems kind of odd. And also seems way more likely that cop spotted something he wasn't too keen about. because op's story kind of has some holes and his judgment is poor.
The cop was behind him in the drive thru obviously.

fourth meal.
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12-01-2012 , 04:29 PM
Quote:
Originally Posted by BonafiedGreat

I think you should try setting up a meeting with the DA, without any lawyers. Explain to him/her your situation. You obviously can become a law abiding citizen again, and you need to explain this to them. It's not like your a career criminal, your a damn accountant.
DO NOT DO THIS!! DO NOT EVER DO THIS! DO NOT EVER TALK TO THE COPS OR THE DA WITHOUT A LAWYER PRESENT! THEY ARE ONLY LOOKING TO HELP THEMSELVES GET A CONVICTION, THEY ARE NEVER LOOKING TO HELP YOU OR YOUR CASE OR LOOKING OUT FOR YOUR BEST INTENTIONS!

THERE IS NO UPSIDE TO EVER TALKING TO THE COPS OR DA WITHOUT COMPETENT REPRESENTATION.
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12-01-2012 , 05:01 PM
Quote:
Yes, but the cop is running the plates while he's in the Taco Bell drive thru? Really? Remember that his plated were ran before they pulled him over. He supposedly hadn't done anything. Just
- lights flash
- pull over
- "oh hey, while you were getting tacos I was running your plates"

Lots of police departments now have scanners mounted on their cars that read any license plates the cop drives past and auto-runs them. Also, if it was like 3 am some ball buster cop might just be running random plates in the Taco Bell parking lot looking for anyone with warrants.
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12-01-2012 , 05:24 PM
Quote:
Originally Posted by markksman
This is why you do not trust a PD to do your job. This thread has several weird attorneys in it and a schizophrenic PD. Why would you hire someone like the guy above when he said that after saying:

So right now we have proof that some PD's are absolutely crazy. He can't keep his head straight reading an OOT thread. How the heck do you think he could manage to juggle 130 open cases, many where people's lives are on the line.

He has proven that sticking with a PD is a horrible idea, just with two posts.

YOU TOLD HIM TO GET A HIGH PRICED CRIMINAL DEFENSE ATTORNEY and then claim you did not.

-1 for bad lawyers.

This is my point, too many people think because someone is a lawyer they are smart or competent. This is just not true. Anyone who thinks this doesn't know more than a couple of lawyers. This is why he uses his retired FBI father to get him a reference to a good attorney and go from there. Not take the advice of a down on their luck PD who forgets what they said 3 days ago.

By the way what is up with the bad lawyers in this thread. It is amassive liability to just go around giving out legal advice like some of you are doing, without any caveat or disclaimer.

Don't listen to a schizophrenic PD and a Prosecutor with an agenda in this thread when it comes to figuring out what to do.

Funny too God, I actually had you labeled as one of the lawyers worth listening to, until you totally lost your mind and flipped your spot and completely lied about what you already said.
lol, are you using the same drugs as op?

This isn't a hard concept. A top defense attorney is going to be worth it, especially if you have as much to lose as a CPA license. Most private attorneys are not top defense attorneys.

If I was you on the other hand, I would spend all of my money on a top psychiatrist; God knows you need it.
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12-01-2012 , 05:31 PM
Quote:
Originally Posted by markksman
The cop was behind him in the drive thru obviously.

fourth meal.

This is completely impossible. Cops only eat donuts. Only chance this happened is if the cop is new and thought he was pulling into the donuts place.

If cop asked OP upon pulling him over, "where's the glazed?" then he was referring to donuts...he was not telling the OP to produce the recently purchased drugs. OP is at fault here for not realizing this.
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12-01-2012 , 05:33 PM
I hope the OP is now in rehab and isn't reading this thread anymore. If not, I hope he isn't reading this thread anymore
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12-01-2012 , 05:47 PM
Quote:
Originally Posted by electricladylnd
I would go to trial but there is so much in the first post that makes me freaking angry.

CPA making $90+ a year but irresposible enough to have a Suspened liscence?
Make $90k+ a year and are broke?
You "forgot" there was Heroin in your pocket?

Honestly, sound like you are a drug addict. Make good money and have none? Forgot you have heroin on you? I used to do Coke and I never forgot I had Coke on me, I knew where it was at all times.

I have had a suspended liscence before and that wa sbecause I missed my court date and didn't pay the fine, I was quite aware of what I was doing. Just didn't give a sht.

OP, good luck, but your story tilts the sht out of me.
doesnt he admit he is a drug addict? anyway, theres no "sounds like it," when you do oxy and esp if you go from oxy to heroin.

90k and broke is like super standard for opiate users. if he made 200k, he would proly still be broke. you would be surprised at how much money broke heroin addicted hookers make in a yr.
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12-01-2012 , 05:57 PM
So after reading this entire thread I have learned one thing: do not use the drive through at Taco Bell.
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12-01-2012 , 05:58 PM
The only advice I can give you is to NOT spend any money on a high priced lawyer. Based on your post you seem like a complete screwup, you carry drugs on you and in your car yet don't pay your tickets and then drive on a suspended license late at night when there's not many cars on the road.

Your clearly are a very stupid criminal and even if you get off you will eventually screwup again, so any money you spend this time will be a waste.

Best of luck.
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12-01-2012 , 06:00 PM
Quote:
Originally Posted by BonafiedGreat
First of all, I don't neccesarily think the OP should just ride away from this scott free. I am in the minority at 2+2, but I consider drug offenses (non weed) to be very serious.

OP, you obviously need help man if you are doing heroin and abusing prescription drugs. Lets say this all goes away because of some technicality, you still need to get help. Or this will happen again.

You do though deserve another chance, something you will not get if you have a felony on your record. I think that you need to hire a top lawyer to help you out. It is worth the money.

20 years from now you can either be making 20k a year at K-Mart. Or you can be making 150k at an accounting firm.

In the long run, getting this felony dropped down is essential. It doesn't matter if the lawyer costs $50,000. You absolutely need this felony droppd. And I believe with a good lawyer it can be.

I think you should try setting up a meeting with the DA, without any lawyers. Explain to him/her your situation. You obviously can become a law abiding citizen again, and you need to explain this to them. It's not like your a career criminal, your a damn accountant.

If you don't get the best possible help to get this dropped from a felony, you will regret it for the rest of your life.

Good luck with this, and keep us updated.
bolded seems to have some quite obv downsides but i dunno much about law
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12-01-2012 , 06:47 PM
Quote:
Originally Posted by Victor
bolded seems to have some quite obv downsides but i dunno much about law
It would be one of the worst possible thing he could do
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12-01-2012 , 06:49 PM
idk, talking to DA without a lawyer seems like solid advice. then if it goes to trial represent yourself.
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12-01-2012 , 06:55 PM
Quote:
Originally Posted by KingBBinLV
DO NOT DO THIS!! DO NOT EVER DO THIS! DO NOT EVER TALK TO THE COPS OR THE DA WITHOUT A LAWYER PRESENT! THEY ARE ONLY LOOKING TO HELP THEMSELVES GET A CONVICTION, THEY ARE NEVER LOOKING TO HELP YOU OR YOUR CASE OR LOOKING OUT FOR YOUR BEST INTENTIONS!

THERE IS NO UPSIDE TO EVER TALKING TO THE COPS OR DA WITHOUT COMPETENT REPRESENTATION.
Yea, when I wrote that I didn't mean you should go and have legal talks with them. Obviously that would be insanely stupid.

I meant that you could possibly try to explain that having a felony would ruin your career, so there is no way you would except said deal. They might reason with you then and plead you down. So they get their conviction, but you get a much easier sentence.

I also might be a little bias, my uncle is the district attorney of a pretty big city. And he is a very reasonable and nice guy, he once helped out a friend who was facing DUI.
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12-01-2012 , 07:01 PM
Question for the OP:
What is your plan/hope in beating your addiction?
What are you really going to do?
I have a feeling you aren't really planning on resolving the core issue, your addiction, you just want to avoid the consequences.

As someone pointed out, unless you stop doing what you are doing, you are likely going to just find yourself in the same situation , again, eventually....how will THAT go over with the folks if they get you out of this mess?
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12-01-2012 , 07:36 PM
Quote:
Originally Posted by iillllii


I decline and he tells me to sit on his car's bumper. Next thing I know a second cop is on the scene to babysit me while he treats himself to a thorough search of my car. It's not long until he finds my 3 hour old supply of adderall. Then I'm arrested and he finds the tiny bit of heroin in my front pocket (forgot it was there).


In the time I'm there I took a few liberties with the hours I was putting in - had a few late lunches during which I was running errands pertaining to a recent move, left before 5pm a few times...but I had a light workload initially and was managing my schedule based on deadlines.


I haven't read all of this thread, so I haven't seen most of the replies. But here's what I see:

You admittedly are using drugs (illegal), and had them on you at the time of your arrest. You admittedly had a bunch of Adderall that you weren't supposed to have (illegal). You admittedly "took liberties" with your new job, which you felt you could get away with since the guy who hired you was leaving soon.

What I'm seeing here, and what the cops, your boss, and your parents are probably seeing, is a guy who has committed multiple wrongdoings, and who somehow feels justified in his behaviour. You act as if someone else is always to blame for your problems. In your opinion, the cop shouldn't have searched your vehicle (he had a reason to). Your employer shouldn't have fired you (he had a reason to).

How about getting a little personal responsibility here, accepting that you've messed up, and accepting the consequences? I realize you're in a very tough spot. But nobody put you there. You did that. Take the plea deal, because you DID do these things to get yourself in this spot. I'd say drug use and illegal possession of prescription drugs is a very good reason for one's career choices to go down the tubes. That's nobody's fault but your own, and you probably should have considered that way before you got caught.
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12-01-2012 , 08:08 PM
Quote:
Originally Posted by BonafiedGreat
Yea, when I wrote that I didn't mean you should go and have legal talks with them. Obviously that would be insanely stupid.

I meant that you could possibly try to explain that having a felony would ruin your career, so there is no way you would except said deal. They might reason with you then and plead you down. So they get their conviction, but you get a much easier sentence.

I also might be a little bias, my uncle is the district attorney of a pretty big city. And he is a very reasonable and nice guy, he once helped out a friend who was facing DUI.
Any talks you have with them would be "legal talks". There is no upside for a defendant to talk with a DA WITHOUT legal counsel present. That's the point of a lawyer, to talk to the DA for their client. I'm pretty sure anyone that get's a felony charge could potentially damage their career and their future. You think the DA is going to meet with someone that their office is prosecuting, have a nice conversation with them, realize that a felony conviction for drugs will harm their future (big shock there, good thing you let the DA know that your career will be injured if you have a drug related felony on it) and then reconsider the felony charges and give the busted drug possessor a slap on the wrist with a "please don't do that again Johnny talk" cause next time we'll have to prosecute you. No, they are gonna take that talk and turn it around as you admitting everything you are charged with and withdraw their plea offer since now it will be a lay up for them to prosecute you.

I don't know much about plumbing so I wouldn't replace the pipes in my wall without hiring a plumber, the same goes in this situation, if you don't know anything about the law, then you don't try and represent yourself in front of the DA or judge, if you do then you have a fool for a client.

I'm sure your uncle is a very nice and reasonable guy and i'm sure he did help out your friend with his DUI but that's not how it usually goes.

Look at it this way, the DA's office is one team/side and the defendant and his lawyers are another team/side. What if a player from one side went up to the captain of the other team and said "listen, we really need to win this game can you throw it so we win", do you think there will ever be any success there?

I'd be willing to bet there are hundreds of innocent people in jails and prisons right now across the world that spoke to the police when they shouldn't have and are now paying the price by sitting in a jail cell.

DON'T EVER TALK TO THE DA OR POLICE WITHOUT A LAWYER PRESENT. THEY ARE NOT ON YOUR SIDE NO MATTER WHAT THEY TELL YOU.
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12-01-2012 , 09:08 PM
There are potentially a number of weak links in the case against you. Its unclear exactly what the original PC for the stop was (possibly that the LO ran plates, obtained RO of vehicle, ran RO license and assumed RO was driving) and there are a number of detailed potential problems with the inventory search, although an inventory search is generally going to be allowed. Did you acknowledge that you didn't have a script for the meds?

As someone early in the thread said, your most leverage is going be when you have filed a credible and detailed motion to suppress. A good crim attorney in your area will know if the deal on the table is a good one or not, but as a rule the first offer isn't the best offer you can get. Of course, if you can win the evidentiary hearing, you will walk -- if you lose, your leverage will go down, but you might still get a similar offer to what you currently face. It might be worth rolling the dice because taking a felony is such a big step in pain up from the alternative that taking two isn't that much worse. You'd probably still face fairly similar consequences even after you lose the motion.

It is a situation where I would borrow whatever I could to get a good defense attorney. The downside will cost you lot over the course of your life if you don't.
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12-01-2012 , 10:33 PM
Quote:
Originally Posted by KingBBinLV
Any talks you have with them would be "legal talks". There is no upside for a defendant to talk with a DA WITHOUT legal counsel present. That's the point of a lawyer, to talk to the DA for their client. I'm pretty sure anyone that get's a felony charge could potentially damage their career and their future. You think the DA is going to meet with someone that their office is prosecuting, have a nice conversation with them, realize that a felony conviction for drugs will harm their future (big shock there, good thing you let the DA know that your career will be injured if you have a drug related felony on it) and then reconsider the felony charges and give the busted drug possessor a slap on the wrist with a "please don't do that again Johnny talk" cause next time we'll have to prosecute you. No, they are gonna take that talk and turn it around as you admitting everything you are charged with and withdraw their plea offer since now it will be a lay up for them to prosecute you.

I don't know much about plumbing so I wouldn't replace the pipes in my wall without hiring a plumber, the same goes in this situation, if you don't know anything about the law, then you don't try and represent yourself in front of the DA or judge, if you do then you have a fool for a client.

I'm sure your uncle is a very nice and reasonable guy and i'm sure he did help out your friend with his DUI but that's not how it usually goes.

Look at it this way, the DA's office is one team/side and the defendant and his lawyers are another team/side. What if a player from one side went up to the captain of the other team and said "listen, we really need to win this game can you throw it so we win", do you think there will ever be any success there?

I'd be willing to bet there are hundreds of innocent people in jails and prisons right now across the world that spoke to the police when they shouldn't have and are now paying the price by sitting in a jail cell.

DON'T EVER TALK TO THE DA OR POLICE WITHOUT A LAWYER PRESENT. THEY ARE NOT ON YOUR SIDE NO MATTER WHAT THEY TELL YOU.
No DA of sound mind is going to have a sit down with a defendant without an attorney.
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12-01-2012 , 10:35 PM
Quote:
Originally Posted by BonafiedGreat
Yea, when I wrote that I didn't mean you should go and have legal talks with them. Obviously that would be insanely stupid.

I meant that you could possibly try to explain that having a felony would ruin your career, so there is no way you would except said deal. They might reason with you then and plead you down. So they get their conviction, but you get a much easier sentence.

I also might be a little bias, my uncle is the district attorney of a pretty big city. And he is a very reasonable and nice guy, he once helped out a friend who was facing DUI.
I suggest you ask your uncle what he thinks of this advice. It's clearly insane, unless he has a friend who's the nephew of the DA he'll be dealing with.
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12-01-2012 , 11:15 PM
Quote:
Originally Posted by Adebisi
Lots of police departments now have scanners mounted on their cars that read any license plates the cop drives past and auto-runs them. Also, if it was like 3 am some ball buster cop might just be running random plates in the Taco Bell parking lot looking for anyone with warrants.
Part of being a good fisherman is knowing where the fish hang out.

Taco Bell at 3AM is a good fishing hole IMO.
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12-01-2012 , 11:39 PM
Quote:
Originally Posted by XxGodJrxX
lol, are you using the same drugs as op?

This isn't a hard concept. A top defense attorney is going to be worth it, especially if you have as much to lose as a CPA license. Most private attorneys are not top defense attorneys.

If I was you on the other hand, I would spend all of my money on a top psychiatrist; God knows you need it.
I have specified criminal defense attorney every single time.

I feel bad for your clients. Do you intend to work for the public defenders office your entire career? Couldn't you go into estate law or something where they damage to the living might be slightly mitigated. At least you have been consistently inconsistent and displayed lapses of both logic and comprehension. All qualities one wants in an attorney.

Back on point get a civil rights lawyer and tell the judge the cops planted the heroin in your "snus" can and show that the adderall was actually prescribed to the cop. Easy win.
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12-01-2012 , 11:50 PM
markksman, your personal attack seems pretty over the top. if a public defender can own a prosecutor as badly as GodJr is owning you in this thread, seems like a PD is all OP would need.
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12-01-2012 , 11:54 PM
Quote:
Originally Posted by markksman
Back on point get a civil rights lawyer and tell the judge the cops planted the heroin in your "snus" can and show that the adderall was actually prescribed to the cop. Easy win.
Brilliant!. If only the police had foreseen this possibility and installed some form of motion picture capture and audio capture device in a portable device and mounted it near the front of the car.
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12-02-2012 , 12:00 AM
This thread demonstrates what is so fantastic and amazing about 2+2.

I mean, the OP posts a personal problem and receives a ton of insight and advice from posters with a wide range of background and experience — all coming together just to help a fellow 2+2er out.

The OP follows along through the thread and keeps up with the discussion because he wants to learn and absorb whatever he can about his problem, gain insight and make changes to his life... wait... wat... er,... nevermind.

Spoiler:
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