:( Criminal Law > Upcoming trial CPL 220.16 (1) & (12) Need Legal Advice? :mad:

Don't really know how to ask the questions that I have, But basically I'm about to start trail with a court appointed lawyer that doesn't have my best interest at heart because he's repeatedly have mislead and outright lie to me. Has conducted no investigation of the arrest, has not questioned potential witnesses, has very cop-out attitude. Charged with Criminal Possession of Controlled Substance Two Counts: CPL 220.16(1) & (12). If the drugs possessed were for personal use, how can intent to sell be proven, or what is a defense when the drugs possessed were for personal usage?

Hello e:

Well, it's not as easy as that. Because if it was me, I'd use an unlawful search as my defense... However, I don't know IF you were searched illegally or not, so I couldn't tell you what defense to use. Plus, I don't know what you told the cops.

If all you were going to do was USE the drugs, then you should be able to make a plea agreement...

excon

What state are you in? From my experience you might get a drug program or community service. For some reason you can get caught 4to 5 times and still not get any real jail time.well that is how it is in ny. But then again every lawyer, judge and case is different good luck. What kind of drugs?

what state are you in? From my experience you might get a drug program or community service. For some reason you can get caught 4to 5 times and still not get any real jail time.well that is how it is in ny. But then again every lawyer, judge and case is different good luck. what kind of drugs?

:confused: I'm located in New York, Due to prior History my lawyer has stated that I am Not eligible, Possession was 20 grams of Cocaine, was leaving work when arrested by under cover officers based on word of confidential informant, that was arrested for a sale to the under cover officers 1 hour prior. There is a 4th amendment violation based on visual body cavity search that took place, as well as reliability of informant, I'm a laymen to law but I've been doing some studying to try to understand the law. I'm most worried about the intent to sale count because to my understanding this count is what makes this a felony. I have only been arrested in the past 9 years for Public urination, possession of drug residue in a bill, smoking pot in public, all misdemeanor's. I have been gainfully employed since my release in 1999, but of the last year or so drugs have gotten the best of me, I worked to support habit. Offer was 6years, then 3years prior to Hearings. :confused:

Just say you on drugs, so you can get the drug program. Have you ever heard of testilying?

Are you in manhattan court?

Hello e:

Well, it's not as easy as that. Because if it was me, I'd use an unlawful search as my defense.... However, I don't know IF you were searched illegally or not, so I couldn't tell you what defense to use. Plus, I don't know what you told the cops.

If all you were going to do was USE the drugs, then you should be able to make a plea agreement......

excon


:confused:Possession was 20 grams of Cocaine, was leaving work when arrested by under cover officers based on word of confidential informant, that was arrested for a sale to the under cover officers 1 hour prior. The evidence was not suppressed as the judge ruled that the search was incident to a lawful arrest. I was actually arrested prior to the search that uncovered the drugs, they arrested me based on the informants word that I would have drugs on me at a certain time, at a certain location, which is in route to the train station from my place of employment about 1 1/2 blocks away, I was arrested less then 100 feet from my place of work. There is a 4th amendment violation based on visual body cavity search that took place, as well as reliability of informant, I'm a laymen to law but I've been doing some studying to try to understand the law. None of the issues that exist are being pursued by my attorney, he just wants me to cop out. I'm most worried about the intent to sale count because to my understanding this count is what makes this a felony. I have only been arrested in the past 9 years for Public urination, possession of drug residue in a bill, smoking pot in public, all misdemeanor's. I have been gainfully employed since my release in 1999, but of the last year or so drugs have gotten the best of me, I worked to support habit. Offer was 6years, then 3years prior to Hearings.:confused:

are you in manhattan court?

Yes 100 Centre St.

Damn that's the worst court to be in. IF I was you I probably would look in to another public defender if the one you have is incompetent. My brother was just in there and he got 3 1/2 years for a gun, which I got 5 yrs probation back in 98. But just pray that you have a good judge.

You going to be all right eliquest/

you gonna be alright eliquest/


Thanks for the thought.

Did your lawyer say anything about your trial?Do you have any witnesses? Did you write anything at the precint when you were arrested? Did you tell the police you were on drugs?

The law use to be 5 grams was an automatic 1-3yrs. But I know aclu was fighting to have it pushed up to 25 grams you really need to find cases similar to yours on-line. And see what there argument was and what was the outcome of the case.

the law use to be 5 grams was an automatic 1-3yrs. But i know aclu was fighting to have it pushed up to 25 grams you really need to find cases similar to yours on-line. And see what there argument was and what was the outcome of the case.

The lawyer says next to nothing, I made a verbal statement that they are using. " you'll see this is not real, it's for personal use".

the law use to be 5 grams was an automatic 1-3yrs. But i know aclu was fighting to have it pushed up to 25 grams you really need to find cases similar to yours on-line. And see what there argument was and what was the outcome of the case.

Trail is set to begin Monday Dec 1st. I have one witness that is willing to state that me & him were going to get high after work, and there are two female co-workers that I was walking with when I was arrested, but when I asked them if they would testify they stated that once the cops grabbed me they were told to walk off and they did. I'm hoping to get another lawyer assigned because this will be my second time asking that this laywer be reassigned.

Well make sure you say you are addicted to drugs, then the DA has to prove you were going to sellthe drugs. And if you friend says have of it was his then you are definitely off the hook.

Hello again, e:

Well, now I know a little more. FIRE your lawyer. DON'T make requests. Send him a letter outlining EXACTLY why you're firing him. Send a copy to the prosecutor and one to the judge. Send your letter certified, return receipt requested.

Make a motion for a new lawyer the next time you're in court, or you can add it to the bottom of your letter. IF they refuse to grant you a new lawyer, say these words "I can't continue without legal representation". DON'T let a trial proceed WITHOUT representation. They'll give you a new lawyer.

I understand that the PD's office is overwhelmed with cases. Therefore, they'll grease the squeaky wheel. YOU BE the squeaky wheel.

Like I said above, my defense would be an unlawful search...

excon

Hello again, e:

Well, now I know a little more. FIRE your lawyer. DON'T make requests. Send him a letter outlining EXACTLY why you're firing him. Send a copy to the prosecutor and one to the judge. Send your letter certified, return receipt requested.

Make a motion for a new lawyer the next time you're in court, or you can add it to the bottom of your letter. IF they refuse to grant you a new lawyer, say these words "I can't continue without legal representation". DON'T let a trial proceed WITHOUT representation. They'll give you a new lawyer.

I understand that the PD's office is overwhelmed with cases. Therefore, they'll grease the squeaky wheel. YOU BE the squeaky wheel.

Like I said above, my defense would be an unlawful search...

excon

I am in the process of composing such a letter at this moment. I have informed the lawyer several times that I do not wish for him to represent me, his response has been " tell the en judge yourself and see what he does" the first time I attempted to have a new lawyer assigned the judge stated that he would give us two weeks to work it out, the lawyer told me a lie about coming to visit me while I was incarcerated, but over the course of 5 months he never came to see me. I have a few notarized letters that I wrote the lawyer asking him to make the time to inform me of his legal strategy, but the only thing he tells me is I should cop out due to my past criminal history. I've had a Mapp & Dunaway hearing where the judge ruled that the search was incident to a lawful arrest.

I feel that the search is unlawful because I am a working citizen that has a drug problem and based on the dealer getting arrested and having just made the purchase from him he knew I was still at work and would have the drugs on me, the judge stated that his testimony passed the (spinelli/agulieara) test, not sure if the spelling is correct. Me nor my lawyer was allowed to be present when the (CI) testified, But there was a Visual body cavity search that was performed at the time of arrest, Other then the (CI) stating that I had drugs on my person There was no valid reason to arrest me.

Hello again, e:

Look, I don't know nothing about spinelli or a Mapp and Dunaway. What I DO know is, these are tricks played upon you so that the drugs that were illegally found on you, will be ruled to be admissible at your trial...

So, maybe the best thing to do in your case IS to cop a plea. I don't know. I don't know know the details of your arrest... But, that's cool. I don't have to. Your LAWYER is the one who has to, and you are ENTITLED to representation, by LAW. I don't think the law says anything about GOOD representation, though, so you're going to have to take care of that yourself.

Look, in the final analysis, they might railroad you. Or, they might have enough to convict you WITHOUT the need for those tactics. I don't know. Maybe the search WAS legal. But, that's WHY you need, and are entitled to, a lawyer who has YOUR interest at heart.

They might not have those people in your jurisdiction, and you may not get the representation you deserve. Ok, then by doing what I said to do, which is to NOT participate in their trial if you don't have legal representation. You don't participate by repeating those words that I told you to say. Don't be disruptive. Don't argue. Don't be impolite. The words, and the letter you're preparing, will be part of the record, and THAT'S all you're trying to do at this point. What THAT will do, is preserve your appeal rights, and maybe at THAT level, you can get some justice..

excon

Hello again, e:

Look, I dunno nothing about spinelli or a Mapp and Dunaway. What I DO know is, these are tricks played upon you so that the drugs that were illegally found on you, will be ruled to be admissible at your trial....

So, maybe the best thing to do in your case IS to cop a plea. I dunno. I dunno know the details of your arrest... But, that's cool. I don't have to. Your LAWYER is the one who has to, and you are ENTITLED to representation, by LAW. I don't think the law says anything about GOOD representation, though, so you're gonna have to take care of that yourself.

Look, in the final analysis, they might railroad you. Or, they might have enough to convict you WITHOUT the need for those tactics. I dunno. Maybe the search WAS legal. But, that's WHY you need, and are entitled to, a lawyer who has YOUR interest at heart.

They might not have those people in your jurisdiction, and you may not get the representation you deserve. Ok, then by doing what I said to do, which is to NOT participate in their trial if you don't have legal representation. You don't participate by repeating those words that I told you to say. Don't be disruptive. Don't argue. Don't be impolite. The words, and the letter you're preparing, will be part of the record, and THAT'S all you're trying to do at this point. What THAT will do, is preserve your appeal rights, and maybe at THAT level, you can get some justice..

excon

Thanks, everything said helps.

Possession is pretty incriminating. I doubt you'll get anyone to stand up and testify that they were going to join you in your coke party. I am well aware that most public defenders are not too into what you've been charged with and don't really have much of a game plan. You didn't commit murder, so in their eyes, your case is no big deal. You can hopefully get another attorney but I sincerely doubt if a new PD will make any difference whatsoever. If you wanted some for real representation a private attorney is the only way to go to actually get off or get a reduced plea bargain of sentence. Any other way like through a PD is just wasting your time and wasting your hope. Manhattan has too many cases to wade through to really pay much attention to anybody. Pay the money and get a private attorney. You need to quit the coke habit and try living straight and sober for a few months and the money you save will have more than paid for the private attorney. 20 grams is a nasty costly habit per day. You had plenty of money to buy the drugs, now spend some money on an attorney for yourself or don't whine that your PD was a dud. Also, the judge won't just keep giving you another PD after you get #2 PD. Attorney #3 will be on you.

Posession is pretty incriminating. I doubt you'll get anyone to stand up and testify that they were going to join you in your coke party. I am well aware that most public defenders are not too into what you've been charged with and don't really have much of a game plan. You didn't commit murder, so in their eyes, your case is no big deal. You can hopefully get another attorney but I sincerely doubt if a new PD will make any difference whatsoever. If you wanted some for real representation a private attorney is the only way to go to actually get off or get a reduced plea bargain of sentence. Any other way like through a PD is just wasting your time and wasting your hope. Manhattan has too many cases to wade through to really pay much attention to anybody. Pay the money and get a private attorney. You need to quit the coke habit and try living straight and sober for a few months and the money you save will have more than paid for the private attorney. 20 grams is a nasty costly habit per day. You had plenty of money to buy the drugs, now spend some money on an attorney for yourself or don't whine that your PD was a dud. Also, the judge won't just keep giving you another PD after you get #2 PD. Attorney #3 will be on you.

I was incarcerated for the past 6 months only being released on bail after filing 30.30 motion, I lost my job and the money that I did have saved was exhausted on trying to maintain my home and take care of the bills that now became my spouses burden to bear alone.

Well, you should have paid attention to the D.A.R.E. program. DARE means Drugs Are Really Expensive. You've gotten yourself into a mess due to drug use and drug possession. It's too bad you didn't use a little more insight into any possible ramifications. Now it's a tad too late. Sorry. You didn't mention earlier that you had already participated in jail for 6 months. At least the 6 months will be credited to whatever sentence you receive. Hope the judge is in a jovial mood when he sentences you. Good luck, you'll need it.

"I feel that the search is unlawful because I am a working citizen that has a drug problem and based on the dealer getting arrested and having just made the purchase from him he knew I was still at work and would have the drugs on me, the judge stated that his testimony passed the (spinelli/agulieara) test, not sure if the spelling is correct."

I really don't think your above statement is a good enough reason. The judge has already shown he doesn't relate to your being a working drug addict either. Try not to piss him off any more.

There are 28 grams to an ounce. You were caught with 20 grams. No wonder why the judge is being hard on you. I, for one, can't see the personal use either.

Well, you should have paid attention to the D.A.R.E. program. DARE means Drugs Are Really Expensive. You've gotten yourself into a mess due to drug use and drug posession. It's too bad you didn't use a little more insight into any possible ramifications. Now it's a tad too late. Sorry. You didn't mention earlier that you had already participated in jail for 6 months. At least the 6 months will be credited to whatever sentence you receive. Hope the judge is in a jovial mood when he sentences you. Good luck, you'll need it.

"I feel that the search is unlawful because I am a working citizen that has a drug problem and based on the dealer getting arrested and having just made the purchase from him he knew I was still at work and would have the drugs on me, the judge stated that his testimony passed the (spinelli/agulieara) test, not sure if the spelling is correct."

I really don't think your above statement is a good enough reason. The judge has already shown he doesn't relate to your being a working drug addict either. Try not to piss him off any more.

There are 28 grams to an ounce. You were caught with 20 grams. No wonder why the judge is being hard on you. I, for one, can't see the personal use either.

There were actually 3 other people that were with me when I was arrested that were told to keep walking, so 20 grams between 4 people partying on a Friday evening is why it was so much. The fact that the drugs were for personal use has not been mentioned, each time that I bring the matter up to the court appointed lawyer, the only thing that he talks about is my past criminal history, which if you'll look at the communication between myself and others who have offered their opinions, I've been clean and drug free for a little over 9 years, gainfully employed 5 years working directly for a lawyer in Suffolk county. If you're willing to offer constructive advice then I have no problem detailing exactly what transpired. But if you're going to continue to verbally beat me up then I'll pass and just take my lumps the best that I can, but I do know that it's not right to break a law to enforce the law, and what is found after an illegal arrest doesn't justify the arrest. The point I was making by stating that I am a working citizen with a drug problem is basically if it was someone else of a different nationality then it would never have transpired the way that it did. I can just see the head lines now, White accountant leaving work is separate from co-workers and friends, subjected to visual body cavity search on a public street in Chelsea based on the word of a active known drug dealer, that was just arrested for making a sale to the undercover officers 1 hour prior to my arrest. There's a lot of issues with the case that I realize are wrong but I don't have that type of training to defend myself, I'm an accountant. I appreciate all that you've contributed thus far, Enjoy the holidays, Thank U.

There were actually 3 other people that were with me when I was arrested that were told to keep walking, so 20 grams between 4 people partying on a Friday evening is why it was so much. The fact that the drugs were for personal use has not been mentioned, each time that I bring the matter up to the court appointed lawyer, the only thing that he talks about is my past criminal history, which if you'll look at the communication between myself and others who have offered their opinions, I've been clean and drug free for a little over 9 years, gainfully employed 5 years working directly for a lawyer in Suffolk county. If you're willing to offer constructive advice then I have no problem detailing exactly what transpired. But if you're going to continue to verbally beat me up then I'll pass and just take my lumps the best that I can, but I do know that it's not right to break a law to enforce the law, and what is found after an illegal arrest doesn't justify the arrest. The point I was making by stating that I am a working citizen with a drug problem is basically if it was someone else of a different nationality then it would never have transpired the way that it did. I can just see the head lines now, White accountant leaving work is separate from co-workers and friends, subjected to visual body cavity search on a public street in Chelsea based on the word of a active known drug dealer, that was just arrested for making a sale to the undercover officers 1 hour prior to my arrest. There's alot of issues with the case that I realize are wrong but I don't have that type of training to defend myself, I'm an accountant. I appreciate all that you've contributed thus far, Enjoy the holidays, Thank U.



You work for a Lawyer - ask him or her. I fail to see why you think your status as an employed addict makes you any better or worse than a street addict. Addiction is addiction.

If you think this is a matter of discrimination, then contact the ACLU with your proof. If it's an illegal search, pursue that.

Somehow your "they're picking on me, I'm a good guy" defense isn't working for me.

You mean to try and tell me that 4 people were going to supposedly use 5 grams of cocaine in one evening each? This boggles my imagination.

What really bothers me about your whole scenerio is just WHERE did you get all the money to BUY the 20 grams in the first place that you could so magnaminously "treat" your so called friends to all that cocaine? I'm not buying it, sorry. More like you took up a collection from your friends for the cocaine, met the dealer while you were still at work, purchased the drugs while on company time, and then everyone left work to supposedly go party - and then you got stopped by the cops.

I lived for 25 years in South Florida home of the cottage industry cocaine and marijuana dealers and smugglers. I worked for several different criminal attorneys in Ft. Lauderdale and saw it all.

And next, you're going to tell me that 20 grams of cocaine only cost you $50... more like $50 a gram.

Just being supposedly "clean" for 9 years means nothing to the PD or the Judge. It's what you did that really counts. You apparently did not learn your lesson from the misdemeanors so now maybe you'll learn your lesson from the felony. I guess you just happened to think that having 20 grams for a Friday night party with 3 other people was just the thing to do. Maybe 4 grams, OK, but 20 GRAMS - just who do you think you're going to impress?? Certainly not the judge.

Sure, get another PD. I had bosses who had court appointed cases. They would take the court appointed criminal cases so they could not only make some extra money but make some extra points with the judge for actually helping the court out as the PD's office is generally swamped. Most PD's whether they work at the courthouse or in private practice are not going to really go much out of their way to help someone if they think it's basically a slam dunk case for the prosecution. In the real world instead of the TV world, having a PD bend over backwards for a defendant is rare, very rare. I am sure your next PD is going to tell you the same thing your first PD told you.

Check yourself into a drug rehab, if that is your defense, make it look like at. If its on paper it might help to show you are an addict,and they might be light on your sentence.

Check yourself into a drug rehab, if that is your defense, make it look like at. If its on paper it might help to show you are an addict,and they might be light on your sentence.

I don't think the drug rehab idea is going to work. He did spend 6 months in jail so his system is essentially clean now. He should have thought about this drug rehab stuff when he got arrested. I really don't think "I'm an addict" and need to reform approach will get him a lighter sentence. Not in the real world it won't. Sorry, Forgiveme, it was a nice idea.

Also keep in mind that a trial will cost the county money. If it is a jury trial he might skate free, but since the judge will allow the search, I doubt it. Juries are not too lienent on drug cases.

If he had taken a plea he could have gotten much less time than what he might be looking at if he has a trial. He could have even worked out a plea where he would have some jail time maybe a year (with 6 months credited served) and then several years probation to do, fines, community service, etc. Anyone who rolls the dice and goes to trial can roll a crapshoot and lose, lose big time.

You work for a Lawyer - ask him or her. I fail to see why you think your status as an employed addict makes you any better or worse than a street addict. Addiction is addiction.

If you think this is a matter of discrimination, then contact the ACLU with your proof. If it's an illegal search, pursue that.

Somehow your "they're picking on me, I'm a good guy" defense isn't working for me.

All right let me see if I can clear this up a little bit so that you'll have a better understaning of what I mean by I was an employed citizen. First, A person leaving their office in that area of Manhattan is not going to be strip searched or subjected to a visual body cavity search on a public street. Second, I'm suppose to be innocent until proven guilty, There was no proof of a crime until after I was arrested and subjected to the visual body cavity search, there was no presumption of innocence what so ever. The difference between myself and a street addict is there is no indication of my drug usage, I wasn't out robbing, stealing or selling to support my habit, I'm a suit and tie that just walked out of an office building and was basically attacked. Based on my nationality I feel was the reason that the search and everything else was carried so far, proving it is a whole different issue, The court appointed lawyer didn't request a copy of the video tapes from the surrounding building until 5 1/2 months after the arrest took place, which if I could have obtained a copy of the video showing the search I'm quite sure that this matter would not have made it this far because of the 4th amendment violation. I'm not saying that I'm an angel, I have a drug problem that I've been trying to over come, but what I am saying is that I don't deserve to do 6+ years for such a problem. I need help not to be incarcerated for the next 6, 7, 8 yrs, what is accomplished by placing me in confinement? What about when I'm released, what type of monster will have been created when the problem was never addressed not to mention trying to pick up my life again and re-enter society as a productive member of the community. As far as the when I worked for the Lawyer, I worked for a Collections attorney for about 5 years, I no longer work for him and his area of law is different from criminal law, but I did contact him and he gave me what he felt had merit and pointed me in the right direction as far as where to look for the assistance & find a good lawyer if I could afford it, but I can't. The arrest caused me to lose the job I had and the money I had saved went to try to salvage my belongings and take care of my family.

You mean to try and tell me that 4 people were going to supposedly use 5 grams of cocaine in one evening each? This boggles my imagination.

What really bothers me about your whole scenerio is just WHERE did you get all the money to BUY the 20 grams in the first place that you could so magnaminously "treat" your so called friends to all that cocaine? I'm not buying it, sorry. More like you took up a collection from your friends for the cocaine, met the dealer while you were still at work, purchased the drugs while on company time, and then everyone left work to supposedly go party - and then you got stopped by the cops.

I lived for 25 years in South Florida home of the cottage industry cocaine and marijuana dealers and smugglers. I worked for several different criminal attorneys in Ft. Lauderdale and saw it all.

And next, you're going to tell me that 20 grams of cocaine only cost you $50......more like $50 a gram.

Just being supposedly "clean" for 9 years means nothing to the PD or the Judge. It's what you did that really counts. You apparently did not learn your lesson from the misdemeanors so now maybe you'll learn your lesson from the felony. I guess you just happened to think that having 20 grams for a Friday night party with 3 other people was just the thing to do. Maybe 4 grams, ok, but 20 GRAMS - just who do you think you're going to impress???? Certainly not the judge.

Sure, get another PD. I had bosses who had court appointed cases. They would take the court appointed criminal cases so they could not only make some extra money but make some extra points with the judge for actually helping the court out as the PD's office is generally swamped. Most PD's whether they work at the courthouse or in private practice are not going to really go much out of their way to help someone if they think it's basically a slam dunk case for the prosecution. In the real world instead of the tv world, having a PD bend over backwards for a defendant is rare, very rare. I am sure your next PD is going to tell you the same thing your first PD told you.

Wow, For a person with the back ground that you listed and the experience that you state that you have a gram of coke goes for about $15. And No I didn't pay for it by myself, where you the idea that I was trying to impress someone is a little reaching. My whole purpose of posting my issue here is to get constructive feed back because regardless of what I know that no one can break a law to enforce a law, I'm concerned with the ( intent to sell charge) if I'm to serve time for something that I did was wrong then let it be that I'm serving time or whatever the outcome is, for what I actually did not something that you just want to put on me.

Alright let me see if I can clear this up a little bit so that you'll have a better understaning of what I mean by I was an employed citizen. First, A person leaving their office in that area of Manhattan is not going to be strip searched or subjected to a visual body cavity search on a public street. Second, I'm suppose to be innocent until proven guilty, There was no proof of a crime until after I was arrested and and subjected to the visual body cavity search, there was no presumption of innocence what so ever. The difference between myself and a street addict is there is no indication of my drug usage, I wasn't out robbing, stealing or selling to support my habit, I'm a suit and tie that just walked out of an office building and was basically attacked. Based on my nationality I feel was the reason that the search and everything else was carried so far, proving it is a whole different issue, The court appointed lawyer didn't request a copy of the video tapes from the surrounding building until 5 1/2 months after the arrest took place, which if I could have obtained a copy of the video showing the search I'm quite sure that this matter would not have made it this far because of the 4th amendment violation. I'm not saying that I'm an angel, I have a drug problem that I've been trying to over come, but what I am saying is that I don't deserve to do 6+ years for such a problem. I need help not to be incarcerated for the next 6, 7, 8 yrs, what is accomplished by placing me in confinement? what about when I'm released, what type of monster will have been created when the problem was never addressed not to mention trying to pick up my life again and re-enter society as a productive member of the community. As far as the when I worked for the Lawyer, I worked for a Collections attorney for about 5 years, I no longer work for him and his area of law is different from criminal law, but I did contact him and he gave me what he felt had merit and pointed me in the right direction as far as where to look for the assistance & find a good lawyer if I could afford it, but I can't. The arrest caused me to lose the job I had and the money I had saved went to try to salvage my belongings and take care of my family.


I think you are too hung up on the details to see the whole picture here.

The Court-appointed Attorney is right. You can't just say, "I don't want you to represent me any more" and expect him/her to skip Court and see what happens next. He/she has to be removed/excused from representing you and you have to have someone else in his/her place. The Judge is most probably NOT going to allow you to represent yourself (and if you do, you're quite frankly a fool) so your criticism of that portion of this matter is unwarranted.

As far as whether it was a legal arrest based on good information from an informant - the informant said you had drugs (and whether he said to protect his own tail is between you and him). Bottom line - he said you had drugs, you did have drugs. So in my eyes it's a good informant and there were grounds to at least detain you.

I don't know how many people were walking out of your building but based on information from the informant, they stopped one - you. The search wasn't occasioned by your nationality - it was occasioned by information, correct information, from the informant.

And for the record I think snitches are low lifes.

I have no idea what you mean by a visual body cavity search - this seems to be a contradiction in terms. Maybe it's language I've just never come across before.

You said something to the effect that this not real, "this is for personal use" to the Police? This will be interpreted as "protect your own tail." As far as your friend who is going to testify that you "and him were going to "party" later - I trust he is coming to Court with an Attorney because he's going to be the next arrest.

You've ONLY been arrested in the past 9 years for public urination, possession of drug residue in a bill, smoking pot in public, all misdemeanors and you think this is a good criminal history? Granted you aren't a serial killer but you appear to have learned nothing from "only" misdemeanors.

I would also skip the "I'm bad now but I'll be worse when I get out argument." What is accomplished by sending you to prison is you are off the street and out of the drug selling business - which the Police apparently believe is the business you are/were in.

I'm a little surprised that you were immediately terminated from your employment. What does your Attorney say about that?

And as far as addressing your problem - it looks like you've had several opportunities over the years and look at it as "only" a few arrests. Now they have your undivided attention. If you aren't willing/able to "address" your problem, why is it the job of the State to "address" it?

Wow, For a person with the back ground that you listed and the experience that you state that you have a gram of coke goes for about $15. and No I didn't pay for it by myself, where you the idea that I was trying to impress someone is a little reaching. My whole purpose of posting my issue here is to get constructive feed back because regardless of what I know that no one can break a law to enforce a law, I'm concerned with the ( intent to sell charge) if I'm to serve time for something that I did was wrong then let it be that I'm serving time or whatever the outcome is, for what I actually did not something that you just want to put on me.



You didn't pay for it yourself? So you were carrying it for resale? Or someone bought it for you as a gift?

I think you will best serve your own best interests by being silent at this point as you are badly incriminating yourself.

Hope nobody in the Manhattan Court system reads this thread.

And I have to ask - have you posted under another name?

I don't want to "put anything on you" as you put it. Gee, I guess the price of coke went down. So, you had $300 worth on you.

I WAS giving you some insight as to your predicament, although you keep having the "poor me" "nationality me" mind set. You were not reading what I said or if you did you totally warped it around to your own liking.

Face it. You were caught redhanded with the dope. Your dealer rolled over on you and probably everybody else he sold to as well to lessen his sentence. He may have been arrested several days ago for all you know.

You said you didn't pay for it all yourself. Well, then, guess what. You WERE dealing. Although in your mind you don't see it that way you were dealing. In the drug world you and your friends would be considered "Hoovers" as in vacuum cleaner Hoovers. Hello. 5 grams per person is not considered "light use" by any stretch of the imgination. Don't try and kid me. Sorry, it won't work.

The fact you state you are not stealing or robbing and then admit that you were dealing is really indicative of your mindset.

You keep stressing and obsessing on the illegal search theme. You said your Judge denied the motion to throw the search out the window. Face it. He's not about to change his ruling and getting another PD involved literally on the eve of your trial is not about to change the outcome any.

What good will locking you up for 6-8 years do? I don't know what "good" it will do, but you seem to think that consequences for crime(s) your commit don't pertain to you. Had you divied up the coke while still at work and only had 5 grams on you, you probably would not be charged with the intent to sell. But you didn't divvy up anything, did you? You wanted to impress everyone with the full 20 grams of look what I have. Well, that bad choice is going to come back to haunt you now.

And remember this. There are no guilty people in jail. Just people who made poor choices.

Jail is what you make it. You can either benefit from jail or you can turn it into a horrible experience.

What it appears to me is that you are trying to blame everybody else for your screw up. The time to get off on a technicality has come and gone for you. Like I said earlier, you should have hired the private attorney right from the start - but again, you made a bad choice and chose the PD instead. You get what you pay for. And when you pay you play - and when you play you pay. Old druggie saying.. how true in your case.

Body cavity search curbed by N.Y. ruling (http://www.policeone.com/legal/articles/1755121-Body-cavity-search-curbed-by-N-Y-ruling/)

Apparently you are trying to grab onto Hall's coat tails using this "illegal search" thing. Well, you certainly can cite that case when you file your appeal of sentence. But the ruling came after your arrest so it will basically fail on it's face in court.

First I have been gone a few days, but will jump in, Public defenders on the most part don't do like you see on TV, ifyou want someone sending investigators out and talking to people, you have to hire them.

Most PD will meet with you about 10 minutes before the trial starts in the front of the court fairly publicly. They will ask you if you want to do a plea bargain, they will look over the paper work to see if everything was filed and signed properly.

If you want attorneys fighing and investigating and the such, you need to hire your own and pay for investigators.

As in GA, most public defenders don't even have investigators, and some may have one or two for all their case load, Only the larger cities have a larger staff.

Body cavity search curbed by N.Y. ruling (http://www.policeone.com/legal/articles/1755121-Body-cavity-search-curbed-by-N-Y-ruling/)

Apparently you are trying to grab onto Hall's coat tails using this "illegal search" thing. Well, you certainly can cite that case when you file your appeal of sentence. But the ruling came after your arrest so it will basically fail on it's face in court.



Right, I know about the body cavity search - he said a VISUAL body cavity search and I have no idea what that is. Maybe it's the same thing, maybe not, but apparently it was carried out on the street. I thought it either was a body cavity search OR somebody eyeballed him up and down but I can't fit the two phrases into the same sentence.


And, yes, for a while there the whole body cavity search, particularly in NY City, was pretty horrendous.

First I have been gone a few days, but will jump in, Public defenders on the most part don't do like you see on TV, ifyou want someone sending investigators out and talking to people, you have to hire them.

Most PD will meet with you about 10 minutes before the trial starts in the front of the court fairly publicly. They will ask you if you want to do a plea bargain, they will look over the paper work to see if everything was filed and signed properly.

If you want attorneys fighing and investigating and the such, you need to hire your own and pay for investigators.

As in GA, most public defenders dont' even have investigators, and some may have one or two for all thier case load, Only the larger cities have a larger staff.


Nice to see you back Chuck.

This poster really needs to understand the real world and not the fantasy world of TV with his situation. The scenerio above about the 10 minutes is more true than most PD's would like to admit to. They just don't have the time due to their caseload.

Also, if the CI has already testified in this matter I really think the movie has gone on way too long to be able to change attorneys in mid-trial.

I wonder if you can petition the court to get a new lawyer? I would call the clerks office asap. Let them know your concerns. My sister got a new one, but we aren't in NY, and hers were DUIs. Guilty or not, how does that make for a fair trial??

Judy, I'm still scratching my head wondering just how they performed a visual body cavity search on the street. I can't figure that out either.

I came across the Hill case and thought he was trying to coattail on this figuring you would already know about NYC stuff.

I wonder if you can petition the court to get a new lawyer? I would call the clerks office asap. Let them know your concerns. My sister got a new one, but we aren't in NY, and hers were DUIs. Guilty or not, how does that make for a fair trial???

DUI's and a felony possession with intent to sell are wildly different scenerios.

What do you mean "make for a fair trial"? A new attorney in the posters case would be another PD as he stated he has no money for a private attorney.

The poster is upset as he was caught after not being caught for 9 years and now has to face the music.

I wonder if you can petition the court to get a new lawyer? I would call the clerks office asap. Let them know your concerns. My sister got a new one, but we aren't in NY, and hers were DUIs. Guilty or not, how does that make for a fair trial???



OP has been advised how to request new counsel. I don't know if he's followed any of that advice. The Clerk's Office is not how new counsel is assigned.

DUI's are very different from felony possession with intent to sell.

How does what make for a fair trial? I don't know what you mean.

DUI's and a felony possession with intent to sell are wildly different scenerios.

What do you mean "make for a fair trial"? A new attorney in the posters case would be another PD as he stated he has no money for a private attorney.

The poster is upset as he was caught after not being caught for 9 years and now has to face the music.


Twinkiedooter, I really appreciate your input, that is why I posted the question here to receive constructive feed back and hopefully some guidance that I can actually use. What I would like to ask now is what are you online for? So far all I've seen you do is provide your twisted perception of what is being shared. I'm not going to say that I'm not upset about being arrested. I'm more upset at the fact that I'm about to be railroaded, if this is how the justice system has to obtain convictions in this manner then wow that says a lot about the society that we now live in. What you should start worrying about is the other 65% of the incarcerated population that hits the streets after having been railroaded and are now left with very few options as far as trying to re-enter society and start anew, I'm quite sure You'll sing a different tune if you were to ever meet one of those type of guys. I'm very proud of what I've accomplished in the 9 yrs, it took a lot for me to continue striving to do right each day when there are people like you who don't know what it is to walk in our shoes but feel that you have all the answers and unfortunately are in such positions that hinder guys like me from moving forward. Please keep your comments to yourself if you don't have anything useful or constructive to say.

Respectfully submitted

Twinkiedooter, I really appreciate your input, that is why I posted the question here to receive constructive feed back and hopefully some guidance that I can actually use. What I would like to ask now is what are you online for? So far all I've seen you do is provide your twisted perception of what is being shared. I'm not going to say that I'm not upset about being arrested. I'm more upset at the fact that I'm about to be railroaded, if this is how the justice system has to obtain convictions in this manner then wow that says alot about the society that we now live in. What you should start worrying about is the other 65% of the incarcerated population that hits the streets after having been railroaded and are now left with very few options as far as trying to re-enter society and start anew, I'm quite sure You'll sing a different tune if you were to ever meet one of those type of guys. I'm very proud of what I've accomplished in the 9 yrs, it took alot for me to continue striving to do right each day when there are people like you who don't know what it is to walk in our shoes but feel that you have all the answers and unfortunately are in such positions that hinder guys like me from moving forward. Please keep your comments to yourself if you don't have anything useful or constructive to say.

Respectfully submitted



I would suggest that you read the rules for posting. You have absolutely no right to demand who does or does not have anything "useful" to say to you and you respond only to the "feel good" posts, not the posts which are giving you legal information.

As far as your statistics and percentages and all the rest of that - I have no idea where you get this info.

Perhaps you would be happier on a message board - which this is not.

OP has been advised how to request new counsel. I don't know if he's followed any of that advice. The Clerk's Office is not how new counsel is assigned.

DUI's are very different from felony possession with intent to sell.

How does what make for a fair trial? I don't know what you mean.

Yes, I have been following the advice given. I was informed that I could make a verbal request directly to the Judge stating why I felt that I needed a new lawyer. I presented the reasons that I originally stated when I first asked to have this lawyer removed from my case and I also included the reasons that have arisen since then. My request was denied, I start picking the jury tomorrow. I really appreciate everything that everyone has contributed, Thank you very much! I shall continue to fight because NO one has the authority to break the law to enforce the law, I'm not a lawyer so I don't know exactly how to go about it but I'm a quick learner and I have only one area of interest so if I do have to serve time, I'll have time to learn what I need to defend myself.

Yes, I have been following the advice given. I was informed that I could make a verbal request directly to the Judge stating why I felt that I needed a new lawyer. I presented the reasons that I originally stated when I first asked to have this lawyer removed from my case and I also included the reasons that have arisen since then. My request was denied, I start picking the jury tomorrow. I really appreciate everything that everyone has contributed, Thank you very much! I shall continue to fight because NO one has the authority to break the law to enforce the law, I'm not a lawyer so I don't know exactly how to go about it but I'm a quick learner and I have only one area of interest so if I do have to serve time, I'll have time to learn what I need to defend myself.


If you serve time it'll be too late to defend yourself. I think you're mistaken about the new Attorney part. excon said (loud and clear) to write a letter, send copies. You posted that you were doing exactly that. Now you verbally asked for new counsel (thus pretty effectively alienating present counsel)?

What are you facing time-wise? What have they offered? Or haven't they - ?

I think you are too hung up on the details to see the whole picture here.

The Court-appointed Attorney is right. You can't just say, "I don't want you to represent me any more" and expect him/her to skip Court and see what happens next. He/she has to be removed/excused from representing you and you have to have somone else in his/her place. The Judge is most probably NOT going to allow you to represent yourself (and if you do, you're quite frankly a fool) so your criticism of that portion of this matter is unwarranted.

As far as whether or not it was a legal arrest based on good information from an informant - the informant said you had drugs (and whether or not he said to protect his own tail is between you and him). Bottom line - he said you had drugs, you did have drugs. So in my eyes it's a good informant and there were grounds to at least detain you.

I don't know how many people were walking out of your building but based on information from the informant, they stopped one - you. The search wasn't occasioned by your nationality - it was occasioned by information, correct information, from the informant.

And for the record I think snitches are low lifes.

I have no idea what you mean by a visual body cavity search - this seems to be a contradiction in terms. Maybe it's language I've just never come across before.

You said something to the effect that this not real, "this is for personal use" to the Police? This will be interpreted as "protect your own tail." As far as your friend who is going to testify that you "and him were going to "party" later - I trust he is coming to Court with an Attorney because he's going to be the next arrest.

You've ONLY been arrested in the past 9 years for public urination, possession of drug residue in a bill, smoking pot in public, all misdemeanors and you think this is a good criminal history? Granted you aren't a serial killer but you appear to have learned nothing from "only" misdemeanors.

I would also skip the "I'm bad now but I'll be worse when I get out argument." What is accomplished by sending you to prison is you are off the street and out of the drug selling business - which the Police apparently believe is the business you are/were in.

I'm a little surprised that you were immediately terminated from your employment. What does your Attorney say about that?

And as far as addressing your problem - it looks like you've had several opportunities over the years and look at it as "only" a few arrests. Now they have your undivided attention. If you aren't willing/able to "address" your problem, why is it the job of the State to "address" it?

All right, I filed a motion several months ago requesting that The Court-appointed Attorney be reassigned, the judge stated that he'll give us two weeks to work it out, when we returned to court nothing was worked out except for the fact that I have a letter from the lawyer lying to me about making the time to go over the case with me and inform me of his defense strategy, which never took place. I started to write him letters detailing the increasing number of questions the would form after each court appearance, The fact that I wanted various documents to prepare myself and my defense so that way I could avoid a trial by ambush. Which is exactly what is taking place.

Now as far as whether the arrest was legal, the whole matter was blown out of proportion based nationality because I've lived in some part of New York State most of my life and There is no way that you're going to tell me that if I were of a different nationality the cops would have conducted the arrest as they did. The information came from a person that has never given information before, so to the best of my knowledge the officers should have needed more information to give his information substance. When I walked out of my building I walked about 30- 40 feet to a intersection to cross the street when undercover officers jumped on me, they didn't identify themselves and never stated that they were detaining me, they arrested me and had me all roughed up, then conducted a search that revealed the drugs concealed within my pants pocket. Again to the best of my knowledge, what is found after an unlawful arrest doesn't justify the arrest. Correct me if I'm wrong. A Mapp Hearing was ordered and I was sent to a different judge for the hearing, who ruled the search was incident to a lawful arrest based on the (CI) testimony, which was conducted in a closed court where neither I nor my lawyer was allowed to be present, the lawyer composed 14 questions at the moment that the judge ordered me to re-appear to hear her decision.

To clarify what I meant by Visual Body Cavity Search, while I was being held on a public street One officer put on rubber gloves and took my pants down, inspected my anal cavity and groin area. Again which to the best of my knowledge is a 4th amendment violation, rendering whatever is found as fruit from the poisonous tree, inadmissible. But the lawyer omitted this from his description of events in his omnibus motion, when I filed an amendment to the omnibus motion he hid it from the court and told me to have faith in him because it was an issue that he wanted to pursue during cross examination of the detective, But never did, until I spoke up in court during the hearing, an then he only skirted around it with two questions and left it alone.

I'll Have to finish responding in a little while I have a meeting to attend.

I've addressed the rest of this once. As far as the arrest and whether the informant was reliable or not - you have absolutely no idea how long this person was an informant. He said you had drugs. You were stopped. You did have drugs. That's about all that it takes to be reliable.

If you feel this is a nationality issue, have you contacted the ACLU?

Supreme Court Justice Oliver Wendell Holmes said to a young whippersnapper lawyer who injected the word "justice" one too many times into his oral argument before the Court: "I must remind you, young man, that this is a court of law, not a court of justice."

I think Judy hit the nail on the head a long time ago when she said you keep worrying about the little details and fail to see the overall picture here.

As far as you getting railroaded, I am sure that your jury will be able to see or not see your case in terms of what laws were supposedly broken in order to arrest you. It would be totally different if you did not have any drugs in your pocket when you were arrested and the drugs were planted on you - then you could holler and stamp your feet that you are being railroaded. Now that would be railroaded.

Supreme Court Justice Oliver Wendell Holmes said to a young whippersnapper lawyer who injected the word "justice" one too many times into his oral argument before the Court: "I must remind you, young man, that this is a court of law, not a court of justice."

I think Judy hit the nail on the head a long time ago when she said you keep worrying about the little details and fail to see the overall picture here.

As far as you getting railroaded, I am sure that your jury will be able to see or not see your case in terms of what laws were supposedly broken in order to arrest you. It would be totally different if you did not have any drugs in your pocket when you were arrested and the drugs were planted on you - then you could holler and stamp your feet that you are being railroaded. Now that would be railroaded.



I'm working on the "fact" that on a public street the Officer put on rubber gloves, pulled down his pants and underwear and inspected his anal cavity and groin area. And the Attorney doesn't think this is important or an invasion of privacy or illegal.

Instead we're back to whether the informant was credible and whether it's a biased search due to race or religion or something.

Then there's the whole filing a motion to ask for new counsel "months ago" but asking how to get new counsel a week ago.

Something doesn't make sense here -

I agree with you Judy that something is not right here as well.

It seems that the issues the OP raised about were, in fact, visited by the Court and already ruled on. He can't go back and change these rulings because he does not like them. CI's testimony allowed. Search allowed. Supposedly inappropriate search allowed. Replacement of attorney - given 2 weeks and he didn't change attorney.

I am really skeptical about the police not immediately identifying themselves. I'm not buying this part. They always yell "Police, don't move or such and such dept stay where you are".

Also the part about the surrounding buildings still having video tapes of his alleged arrest some 5 1/2 months later. If it was that public of an arrest where he had his pants down and his privates exposed, don't you think this would have hit the newspapers? It would have made the Hall case look pretty tame in comparison.

Frankly, on literally the eve of trial and jury selection he can't do much of anything now.