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  • TDS Moderators: AlphaMethylPhenyl | paranoid android

any advice on thursday ,not legal advice just well advice

H

HYDRO_CHRONIC

Bluelighter
Joined
Apr 23, 2001
Messages
2,994
well i have court for poss. of methadone and dwi first offense

i know im not getting off ,but i want the judge to understand i managed to clean MYSELF up without help ,i was on the ASS end of detox when i got caught.

bsically got into it with the gf she called cop ,i was pretty tore up from xanax ...as i had dosed the last small dose of methadone that day but still had 2 10mg tabs ,the cop and gf made me leave ,i had nowhereto go and i was fucked up rom xanax so i wanted to stay ...well after i leave the cop put out a possible dui !!??

and my car is easy to spot advertisement for tree service all over it,and u can guess the rest

i went to detox just to go and they said i was fine ,i knew i ws fine so i left ,been going to substance abuse classes for the last 6 weeks

i had been trying to get off methadone for over 4 years ..it was a horrid struggle to be stuck on somthing thatwasnt getting me high but i needed it...this wasnt from a clinic

but im guessing they dont care about any of this ....pills are really bad around here so im worried hell want to make an example ,if they only knew how hard detoxing from methadone was especially without help

i wanted to make a lil speach but have no clue what to say
 
I would recommend not making a little speech. Do you have a lawyer? Did they give you a blood test? Were you prescribed the meds? I had a similar case where i got a dui while under the influence of heroin & klonopin. I ended up beating it.

Good luck man.
 
yea they took blood,i have a court appointed lawyer ....he was more worried with giving up my source and i wouldnt do it"oh u could face ten years" i gave him a really diguisted look

i dont think i could beat this
 
If your lawyer's only defence for you is for you to rat out your source, you should ask the judge to appoint another one. That's just worthless.

Oh, and I'm no lawyer, but I think that the less you say in court the better. And I advise you not to take any advice from random internet people, who have no legal training whatsoever, and aren't even aware of what jurisidction that you're in, with a monstrous amount of salt.
 
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yea i know guys its just advice .....i mean the guy did say he ould get me first offender ,probation ....but i really dont want to lose my licsense and it just dont seem right the cop tells me to leave when i coulda went to the back garage where a bed was at ,then call in a dui after i left

i dunno ,i mean im gonna get proof of the detox and the classes ive takin and will continue to take ,it VA by the way
 
Wow they're seriously gonna do you for possession of just 2 Methadone 10mg pills? Harsh.. :( As for the DUI, the cop could just say that he told you no to drive, but you did, regardless of whether he told you that or not. Or they could say that you should have been aware that you were in no fit state to drive. I dunno man, ballsy situation :( As mentioned above, if all your lawyer is interested in is finding out who your dealer is, then I'd suggest asking for another lawyer. As for your progress with kicking the opiate's/benzo's and the fact that you are now clean and can prove it - It should not lie in your hands to make the judge/prosecution aware of this, your legal representative ( lawyer ) should be making his case with this information included, so that they would be aware anyway. As I said, shit spot to be in dude, I hope you manage to get off as lightly as possible, and can get on with your now drugfree life :) Congrats for that anyway, hard thing to accomplish. What's happened with the girlfriend? Still together? All the best.

***Disclaimer - I am not a lawyer/legal representative nor do I have any knowledge of the Legal System, nor do I claim to have said knowledge. Nothing above is intended as advice and should be treated in that manner***
 
well my gf was witness to him telling me to leave .....yea we together she bailed me out

i plan on having a good talk wih lawyer tomorra and see what he thinks,says this time i mean i told him i wasnt gonna flip and he said i can get u first offender on both
 
No way in Hell is some cop gonna stand up in court and tell the Judge that he/she instructed someone who was known to be under the influence to drive away from the scene--you can leave that defense behind. IMO, you need to focus on the fact that you are a first offender and that you've been clean (if that's the case) since the original event. The possession charge is a felony, I'm assuming, right? Is it simple possession or possession with intent to distribute? I would work towards getting a first-offender diversion program where your charges will be dropped or reduced upon completion of probation/requirements of the diversion program. And there's no reason why you can't ask for a different lawyer if you don't mesh with this one. But give up on the "But that cop set me up!" defense. It's not going to get you anywhere. Cops set up DUIs everyday of the week and judges know it.
 
just poss. of sched.II ,yep its felony, 2 fucking methadone 10's .... there was also xanax and tramadol and i didnt get charged for them as well as needles that had been in there for awhile ,but my dog has a valid script for iinsulin so i have to get needle all the time should i take script with me?
 
Two pills, what a shitty break, but I'm not surprised with the "War on Drugs." If you didn't get a drug paraphernalia charge for the syringes then I wouldn't worry about the needles, but you're smart to keep the script handy (but now that you're clean, you'll be ok).

Look, BL used to have a Legal forum so you might want to search the archives, but once again, you'll want to get these charges reduced or dropped which usually requires the completion of some sort of a diversion program (eg urine screens, meetings, whatever). I've seen people facing greater charges than those you're facing end up having their charges reduced or dropped after serving probation/diversion program.

Good luck.
 
As has been said before, do your best to get a new lawyer. I don't recommend giving a speech either. I don't know what part of Virginia you're in (and understand if you don't want to tell me - in fact, don't tell me) but having a good lawyer makes a huge difference is what I've heard from my experiences in the courts here.

As Dave said, don't take the advice of people on the Internet too seriously. Really. Get a better lawyer and take his/her advice.
 
guys ive been around for a long time ..:) just wanted to talkabout it you know

like i said ill have a chat wit the lawyer tomorra and see f he wows me any before i make a decision
 
No way in Hell is some cop gonna stand up in court and tell the Judge that he/she instructed someone who was known to be under the influence to drive away from the scene--you can leave that defense behind.
Click to expand...

Of course not. He is a police officer he will probably just lie about it. There was a case up here recently where a cop pulled over a girl and her b/f, her kid was sleeping in the back. She had a suspended license and the cop handed the keys to the b/f who was drunk and told him to drive away. Well he got in a accident and killed the kid. I personally think the cop or department should of held some of the responsibility. I dont know shit is so fucked up out there.

http://abclocal.go.com/wls/story?section=news/local&id=7437165
 
That is appalling. I would like to know what the insurance companies are doing about it. I could have milked every last penny from the guy that had his car pulled out too far in the accident I got in a few months ago, but I actually just let it slide. Now I'm regretting it because the state and county fell through in helping me cover medical.

That mother needs to take action.
 
Everybody seems to be saying not to address the judge.. I'm not so sure it would be a bad move. I'm sure that they see a lot of complacency and attitude in court all day, and tend to tar everybody in for a certain charge with the same brush. Perhaps you could say something that will sound sincere, to give the judge reason to be 'lenient' with you.

All things aside, do you feel you stuffed up? If you do - say so. If you don't, if you think you were another victim of the system, then DON'T get up there at all. It sucks, but you're going to have to leave your pride at the door and give them what they want, to minimise the damage.

You haven't said much about your girlfriend.. if the police have been called out before you risk them imposing a restraining order on you even if your g/f doesn't want to press charges (at least it's that way in Australia). So if nothing else, express some remorse about hurt you caused your girlfriend.. or your desire to seek relationship counselling - separate to the drug charges.

Let the judge know that YOU know what your short comings are. Tell him you make no excuses for these, and feel deeply ashamed of them. That you have only recently realised the extent of these issues, and the effect on others of your actions. Say that you plan to change your life by (blah blah and blah) if you are fortunate enough to be given the chance to do so. Maybe mention that you are very worried about the stigma of a conviction and the effect that this will have on your future plans to .....(preferably something along the lines of "to become a mentor to disadvantaged youth", "..to become a foster parent in the future, at such time as you feel worthy and able to do justice to that role, having been through the foster care system yourself, or whatever.. ) (in other words that a harsh ruling may prevent you from living a productive life of value to society, and service to others, etc - so it wouldn't be only yourself who suffers from your having a conviction etc).

Maybe I'm sounding a little OTT.. but it certainly can't hurt you to stand up and address the person who is holding such power over your future life, in a manner that will hopefully cause him to respect you and go lightly, and maybe even think "what's a nice guy like him doing in a place like this.. those blasted cops have screwed up again!" ;-) I think that while it may not help, it certainly will NOT hurt, for you to be seen to be humble, remorseful, and agreeable.

Make sure you dress carefully. Don't wear jeans, wear:

- Clean, pressed trousers in a nuetral colour,
- White or blue buttoned up shirt, preferably with a tie, and if no tie have all but the top button done up, sleeves down.
- Wear polished lace-up shoes, not trainers or thongs (jandals, flip-flops, whatever you Merikins call them).

If you don't normally wear dressy shoes and so don't own any, go to target and get some. And if you don't have a white shirt, wear a soft blue one. These two colours say "honest", "reliable", 'trustworthy".

If you have tattoos, cover them as best you can.

Long hair? Cut it short. It will grow back.

Shave.

Be aware of posture. Stand with your head held high and your shoulders back.

Practice deep breathing, which you can do prior to speaking in order to calm yourself and come across well.

Maintain your composture.. try to be aware of your expression so that you look serious, respectful, and perhaps a little sad.

If it's in you to do so, it's okay to cry. You can never underestimate the power of tears - particularly when speaking of remorse, or hopes for the future, or your girlfriend etc.
 
oh and i was gonna get my substance abuse cunselour n doc from kaiser permanente to write a lil paper
 
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