Caught with 2C-I, then got coke charges from it

Mahan Atma, could you please define preaching versus giving advice most intelligent people would consider common sense?
 
uNivErSaL said:
Mahan Atma, could you please define preaching versus giving advice most intelligent people would consider common sense?
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Sure -- just try to avoid using loaded words like "careless".

Also, hindsight-based advice is not as likely to be helpful, more likely to seem preachy. It comes off more like "you should have done X..."

Also, it isn't terribly relevant to the legal question he asked.

I admit, it's a hard line to draw, and maybe you didn't mean to come off preachy, if so, I'm sorry.

I just don't want to discourage people from seeking advice here, so maybe I'm being overprotective.
 
Poor choice? I was in a car the entire time. Thats where i intended to stay. I wasn't careless. It wasn't a public place either. Yea shit happened and I have learned to be more careful.

It was an unnecessary comment that would just piss someone off in my situation.

I talked to an attorney. To sum this up i have 2 choices. Fight this and I may not win because even if there isnt a chance the cop put coke in it which is low, I would have to hire a chemist to come in and interpret the results. And tons of fees for a lawyer and this test, etc.

Or there is a chance the prosecutors, judge and the cop (who shouldnt have a say in this) let me go on something called ARD which includes rehab, community service and probation and my record will be clean. Its not certain this will happen though.
 
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Sorry if I pissed you off Daze, from conversations I've had with you it seems your luck is absolutely awful. I may have pissed you off, but that was not my intent. I was merely pointing out your situation could have been avoided quite easily. This being a legel issues forum, telling someone things they can do in the future to avoid trouble seems legit.

I was just passing on what I know about the criminal justice system and I pointed out what I saw as a relevant piece of information no one had mentioned to you, but hey, it's your problem and I'll let you deal with it. Good luck, because you'll need it.
 
Get a lawyer... bottomline

Dont rely on P.D. if you want to get all charges dismissed.
 
blahblahblah said:
Get a lawyer... bottomline

Dont rely on P.D. if you want to get all charges dismissed.
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There are many jurisdictions where the PD can and will do a better job than your average private defense lawyer.
 
If you have the money it makes no sense to rely on an underpayed and overworked P.D.

A good lawyer that is 'friendly' with the prosecutor and judge is a good bet. They have reliable contacts (private investigators/handwriting analysis/chemists/etc.) that are helpful when dealing with specifics in a case, not to mention the possible favors that a well-known/well-liked attorney might carry with him. We all know that for the majority of people money is a motivating factor (more-so in the field of law) and its usually a good thing to have a paid attorney fighting for the win.

Sure a P.D. is best when dealing with open and shut cases where there is no need to pay high attorney fees. If you sit in a court room in the Chicago-land area and watch a typical day of proceedings it is painfully obvious what a little money will do.

A huge portion of law sadly does not rely squarely on the law there are many other factors that play a prominent role.
 
^^^ You have to be careful. It's a lot more complicated than that. If you know the right lawyer, then yes paying for it will usually work out better. But it will also be expensive.

If you just pick a private attorney at random, it's a real crapshoot. People who don't know any better just pick an attorney out of the phone book, like they were ordering a pizza or something. Believe, me there are LOADS of private attorneys who will take your money and leave you screwed.

Around here, where the PD departments are some of the best, I'd rather take my chances with a PD than a random private attorney. The public defender who was my mentor a couple summers ago just took a case all the way to the Supreme Court and won.

These guys work with the DAs office every day, and they know the judges inside and out. You can't say that about most private attorneys.

Besides, we're talking about a bogus misdemeanor possession charge here, not the Enron case. And I don't have the impression this guy has a lot of money to spend, or good connections.

Now I don't know anything about the PD department in his area, but it is not a given that he's going to get a better attorney simply by paying for one.
 
To our legal experts... what does the law say about our defendant recouperating expenses from the State if he were to pay for independent lab tests which proved that the prosecution lab results were flawed and the possession charge was not justified? Doesn't the State have a duty to perform whatever testing is required to ensure the charge is warranted? And can't it be held responsible for not meeting its obligation?
 
I will probably try and get ARD. According to the attorney my chances aren't good. If I get it tested the prosecution is less likely to agree to ARD which erases my record when its done. And, I highly suspect the evil pig set me up for this.
 
I didn't read this whole thread but.... on page one you were asking about your driving privleges.....

I am also in PA and had three underages before the fateful day of turning legal ;)

Anyway.... the magistrate has nothing to do with taking your license away... it is PennDot that does.

You will most likely lose it for 90 days.
That's the first offense.

And there is a $25 restoration fee to get it back.


Perhaps you will be able to get out of it.
Good luck.


It's not so bad losing it for 90 days. Trust me...
PennDot took mine for 1185 days. ;)



Oh, also.... you said something about a lawyer and then something about a public defender.

Public defenders don't do shit for you. It is very very unprofessional to go to court and represent yourself. Half the time, you don't understand what they are saying. Public defenders are at the hands of people who can't afford attorneys.

If you can afford a real lawyer... I would advise that. The right lawyer can get you OUT OF ANYTHING. As to where public defenders just assist you and answer questions you may have... they actually don't FIGHT for you to find you innocent like a lawyer would.
 
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darn, read the whole thread and was hoping to hear the conclusion.
 
I really don't understand what the police do in the US; I mean, to charge you possession of cocaine, surely they need a lab test that says it is? In the UK, the only drug that can be taken to prosecution without a lab test is cannabis, and then only if it's a possession case, and the person pleads guilty, anything else needs a forensic report before they can proceed (I know that because I'm waiting for the lab analysis of some 2C-I and I've already had my bail date extended once).

If it is the case that they can prosecute you for what they think it is, rather than what it really is, then the 'land of the free' bit starts to sound like a bit of a bad joke (this, along with finding that trafficking in large - eg 200kg - amounts of cocaine etc is a capital offence, has really shocked me - Christ EU countries seem like a fantasy land compared with some US states; even dreary old Britain)
 
I have had horrendous experiences with public defenders in PA... one showing up and running through the basics of the incident, getting MAJOR details wrong. It was as if she had read the case on the way to the courthouse. Without droning on with details... we had this case in the bag, no way around it. In the end, the private lawyer got his guy off.

Surely I will not generalize public defenders to all be the same, but from my experience, they will not FIGHT to help you (or in my case, even review the case.)
 
Public defenders can be hit or miss. I've seen some really good PD's, as well as some that were horrible. Most of the time, PD's are perfectly competent attorneys. Sometimes they have an extremely high caseload, which isn't really their fault.
 
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