Get your facts on paper, in a list form. In order of when they happened.
Tell the truth and don't leave anything out.
Look up the search and seizure and probable cause precedents, starting with Terry v Ohio (on wikipedia), and all the cases that followed, ending with the one I mentioned.
Get hold of your PD.
Don't rant at him. Say you want to plead not guilty. Say the case should be tossed out.

Have you been assigned one? If so, contact them ASAP and discuss the illegalsearch aspect.

Quote:

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Originally Posted by guam707

he didn't have n e. They went straight to searching me because I read in the report that the officers said I admitted to having weed on me which I did not admit to.

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So it wasn't a Terry search at all then. If they are to be believed, you volunteered that you were in possession of the weed; at that point they had probable cause to search you for evidence of the crime. It's going to be your word against theirs. Your PD should institute discovery right now, to determine if there was a recording of what took place, for one thing.

Quote:

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Originally Posted by guam707

I haven't met my pd yet. I posted bail n I have court next month

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What in God's green earth are you waiting for? Don't wait to the day of the trial to talk to your attorney!

Quote:

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Originally Posted by AK lawyer

So it wasn't a Terry search at all then. If they are to be believed, you volunteered that you were in possession of the weed; at that point they had probable cause to search you for evidence of the crime. It's going to be your word against theirs. Your PD should institute discovery right now, to determine if there was a recording of what took place, for one thing.



What in God's green earth are you waiting for? Don't wait to the day of the trial to talk to your attorney!

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Do I call the public defenders office

Hello again, g:

If you've read what I've posted, you'll see that I say YOU have to manage your case. If you leave it to the PD, he'll (they'll) run roughshod over you, and what joy predicts, WILL come true. You'll be chewed up and spit out...

In anticipation of firing your lawyer because he'll ACT like I say he will, you must DOCUMENT everything. Call, tomorrow. Fine.. They'll give you a run around.. Then SEND them a letter documenting the conversation, and send it to them by certified mail, return receipt requested.. A short note will suffice. Just say what happened. DON'T complain. Be matter of fact and polite. Do that EVERY time you talk to them, although you'll probably only see them at your hearings, and it probably won't be the same person every time.. That's part of the problem.. You MUSTN'T let yourself get sucked in. NOBODY is going to like what you're doing. Like you've seen here, EVERYBODY will be telling you that you CAN'T do what I'm telling you that you MUST do. You'll be going AGAINST the grain. Nobody likes that.

Who cares?

excon

Quote:

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Originally Posted by excon

Hello again, g:

If you've read what I've posted, you'll see that I say YOU have to manage your case. If you leave it to the PD, he'll (they'll) run roughshod over you, and what joy predicts, WILL come true. You'll be chewed up and spit out...

In anticipation of firing your lawyer because he'll ACT like I say he will, you must DOCUMENT everything. Call, tomorrow. Fine.. They'll give you a run around.. Then SEND them a letter documenting the conversation, and send it to them by certified mail, return receipt requested.. A short note will suffice. Just say what happened. DON'T complain. Be matter of fact and polite. Do that EVERY time you talk to them, although you'll probably only see them at your hearings, and it probably won't be the same person every time.. That's part of the problem.. You MUSTN'T let yourself get sucked in. NOBODY is going to like what you're doing. Like you've seen here, EVERYBODY will be telling you that you CAN'T do what I'm telling you that you MUST do. You'll be going AGAINST the grain. Nobody likes that.

Who cares?

excon

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Thanks to everyone that shot me advice on this thread so far. I Went to court, due back next month. I schedule my first meeting with my pd next week.

You should have stayed in the car. You gave the cops the excuse of probable cause by being aggressive.

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Originally Posted by Handyman2007

You should have stayed in the car. You gave the cops the excuse of probable cause by being aggressive.

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Handyman, if you read the entire thread the reason he got out of the car is explained. He was at his destination. Most people, once they arrive at their destination, exit their vehicle.

Quote:

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Originally Posted by Alty

Handyman, if you read the entire thread the reason he got out of the car is explained. He was at his destination. Most people, once they arrive at their destination, exit their vehicle.

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hey guys I'm back, here's what's going down. I have court tomorrow and my public defender calls about n hour ago n tells me he can't defend me n I'm being appointed a conflict defender

Quote:

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Originally Posted by guam707

hey guys I'm back, here's what's going down. I have court tomorrow and my public defender calls bout n hour ago n tells me he can't defend me n I'm being appointed a conflict defender

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I could be wrong but that dude that was driving didn't get arrested. For police contact because I think he the conflict of interest and is working with the police

Quote:

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Originally Posted by guam707

hey guys I'm back, here's what's going down. I have court tomorrow and my public defender calls bout n hour ago n tells me he can't defend me n I'm being appointed a conflict defender

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Did you take Excon't advice given about a month and a half ago and get proactive with the PD? When did you first meet with your attorney? And the PD just realized today, that he had a conflict?

Quote:

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Originally Posted by AK lawyer

Did you take Excon't advice given about a month and a half ago and get proactive with the PD? When did you first meet with your attorney? And the PD just realized today, that he had a conflict?

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I first met him about 3 weeks ago, he
N he just tells me that there is a conflict which he should have noticed the first day when he read me the police report. He even stopped at dudes name and did some things on his little computer so I know he looked up the person. And I seen on the police report during the first meeting a (w) next to that persons name

If he is also defending the other person in car, that is a conflict, But it is not uncommon with public defenders not to even see the one defending you till the day of court.