 |
I have a felony possession charge, for exstacy (4.5 grams). Along with a DWAI (drugs) and a few minor traffic tickets.
For the felony, what am I looking at as a penalty in NYS?
I have cops calling me wanting info-supposedly by doing this I can get my charges reduced or thrown out. I just don't believe them really, cops are slimy liars.
Aside from getting a lawyer, any advice?
Hello Felon:Quote:
Originally Posted by SeXXyFelon
If you're a first offender, probably probation. Don't snitch.
excon
First felony, anyway. But what if it's years of probation or a waaay shorter stint in prison? I think I'd rather do the time inside...
Hello again, S;
Then do that.
Hi Felon- I agree with Excon but also add some hefty fines maybe community service and drug & alcohol evaluation &treatment if needed but more than likely probation of yr- possibly 2 but likely 1. If it is not under 1st offender you can still possibly get off on probation maybe if you bargain a plea to partial intensive probation reduced to regular with maybe 24-48 hrs in jail with credit for time served (when u were 1st arrested - all depends on the mode in that court and yourrecord. Also MAKE sure you understand repercussions of using 1st Offender - not knowing your age or type of person you are itcould come back to bite you in the arse! i.e. if you get arrested next year on a worse possession charge. If you are a person that will be put in major jeapordy of remaining on probation for a year (screw up & your GOING to jail!) and you could come up with entire $ for fines then its possible to negotiate a plea to allow you to pay ALL fines and maybe agree to 1yr probation to be terminated after say 2 weeks in jail or 3 & payment of all fines.Most county jails have power togive you credit for good time say 2 for 1 (so 2 wks=1or month in jail = 2wks) the good part of that is IF you can handle it you have saved yourself monthly probation fees PLUS a yr of probation in which if u screw up- your screwed pretty much. You tough out your week or 2 weeks & pay fines & its over done.Dont look back. Except to know what NOT to do in future and take as lesson learned. NEVER give cops anyone by snitch- cops are liars & its NOT against any law for them to lie to you. And they will! They do not give a rats arse about caring for you . You could give them someone & they come back and say itwasn't good enough- give us 2 more or heck anything but it's a gamble. Find yourself any attorney- keep mouth SHUT to all (even fam & friends) but even if you have to succumb to a PD they can negotiate you a plea that would probably put you in much better place than a trial. (I can say that about succumb to PD - used to be a Public defender athough I'm not giving legal advice here just ideas for you to look at).Good Luck - but remember 1. least comes out of your mouth the better- to anyone 2. most like NOT looking at any real time and 3.NEVER NEVER trust a cop- he's a freakin cop. They lie-cheat blah blah blah!!
OK, so what kind of fines are we talking?Quote:
Originally Posted by lawdawgette
I could qualify for a PD but I'd rather get a real lawyer, that's best, right?
I don't want to be on probation. If I go to prison, do I still owe fines? From what I was told, a prison term for the possession is 5-15 yrs (It was over 1 gram). True? I really don't understand some of this stuff!
Most PD are good at making plea deals, that is the majority of what they do. And many are good attorneys, ( I have been made a fool of several times in a court room by them)
As for as "deals" police officers don't have the authority to make a deal for less punishment, that is not their job. They merely want to use you, and they will time and time again as long as they can, and then most likely still arrest you.
The DA on the other hand can make a plea deal to drop charges for information, they do it all the time.
LOL - I'm laughing at the real attorney comment- common perception.FR-Chuck is on it. The DA's can/do make the plea deal but you will need someone to negotiate for you and my bet- this is JUST a bet- financially- you probably looking at same boat from private attorney's chair to tune of 5-10 grand as you are PDs chair of 50 bucks +or_. PD are REAL lawyers-the went to law school andpassed bar exactly the same as "real" attorney's they just chose that avenue to practice for whatever reason. VERY few of their cases are trial and they are Chucks right - negotiate plea is what they do best. Get to one now- don't diddle. See what they might can work out & if you don't like it say "I'm going to go hire a private atty but beware- even there most time you get what you pay for. AND if you haven't paid them in FULL -even pd3000 on 5000$ fee-you most likely will STILL end up with PD because that private attorney will not stand for you. Ive done it many time and its not personal - it's business. When plea finished they haven't any security in youto pay remainder. Many many factors weigh in across the board- fines probably may run 1200 to 2000 on that but ,992depends where you are. Call Clerks office in that circuit and ask what fines are for that charge. Depending on how recent charge was I would move quickly- don't sit and diddle until last minute plus it will ease your mind. - call PD- set appt- see what they say. 2- go ahead check local atty prices for felony case (they probably going to do exactly what PD does but depends on your PD- Ive seen some that were more of a comic show for all of us. Thy getting chief PD or chief asst. 3. Call clerks office and ask fines. DO NOT call DA office and bother them with Q's- DO NOT even tell clerk your name. Say I was just checking.
Oh and it is 5-15 and that is min to max but does not mean that lowest they will offer you is 5 yrs in state penn. And all this depends on what they (DA) has on you cause you can bet they have your Criminal Information record so if this is 3rd x around sure you may look atyr or so but if 1st felony - noand yes they will fine you no matter what and if in prison they will be waiting for you day you get out.
Hopefully they totally screwed up the arrest. I talked to a great lawyer who is quite notorious for getting people out of jams. He's gonnna review my case and talk to me to give me an idea on what angle to go. Def not talking to any cops though! Thanks for backing that assumption up!
Hope this is OK to do: I have a new question RE this issue, didn't think it required a totally new thread. If so, please feel free to move this question as you see fit.
OK, so I got a BILL in the mail yesterday for an ER visit for a blood draw for the DWAI part of my arrest. A BILL?! What? Tell me this is a bunch of you-know-what. Please.
I consented to a BAC/chemical test to the police, however I do not recall having signed anything stating I'd pay for it to the hospital.
Anyone know what to do here? Should I contact the hospital and ask to see where I consented to pay any bill? Or because it's a legal matter, do I just owe the bill anyway? OR... if my results come back clean, and/or the charges are dropped, then what? Because I'll tell you what, I'm sure not paying the bill unless the state forces me to, but I'd rather take care of it the right way instead of getting it put on my credit report!
Hello again, S:Quote:
Originally Posted by SeXXyFelon
The state isn't going force you to pay the bill any more than they force you to pay ANY bill. If you don't want it to go to collections, pay it.
excon
OK... I just wanted to make sure I wasn't obligated to pay the costs of the DWAI testing seeing as how they took me to the ER. I did oblige, they did the BAC test right there with the portable device (came up .00)-and there's no charge for that as far as I'm aware anyway... so as for the blood draw, I just wanted to make sure. I mean, I DID consent to the chemical test, however I DID NOT consent to paying for it. They wanted it, they took me there... I ain't paying.
What I will do is just demand WRITTEN proof from the hospital that I have to/signed to pay this bill and contest it all the way. I'm NOT paying for this. And if the cops f'd up, can I make THEM pay?
So then... lemme tag along yet another question here. If the chemical test comes back clean (they said 6-8 wks), what happens then? I was NOT on anything at the time. I don't know how long E stays in your system, or how they can figure all that out even... I passed some of the field sobriety tests but failed a couple-one only because he asked me to count backwads from 49 to 30-something and I forgot what that 30-something was as he had just told me to hold my head back and count to 30- (which I did! )...
It was early AM and I made a dumb move and turned sharply at a red light because I didn't know where I was going. I was taking direction from my passenger, I wasn't paying attention honestly. So that's what got me initially pulled over, running a red light and switching lanes w/o signal. Then they found the drugs. THEN came the sobriety test... hmmmm. Funny thing is, the SAME cop who stopped me had spoke to me moments before while I was (properly) pulled over on the side of the road to use my cell phone. He asked if everything was OK, saw I was on the phone, talked for a min and went on his way. I picked up my passenger and that's when this all went down. So... funny thing is, he thought I was FINE right before (AND after even speaking w/ me for a while! ) yet stops me a bit later and does all this. Not that it might even matter, but I'm just sayin'! Can this be brought up in court if need be? One ticket I got was for a headlight out, which WASN'T out when he spoke to me while I was on my cell. Yet less than an hr later, it's "out" and that's one of the reasons he pulls me over... man I dislike cops... I want to make a fool of this a$$, you know? Even though I am in the wrong, however, I think he did wrong too. I believe STRONGLY in policing the police...
Like most people, I don't think I'd enjoy being arrested. That's why I personally don't drive around with ecstacy in my possession.
In my area you are expected to pass ALL field sobriety tests, not some of them.
The Police are not going to pay for your blood test. In my area the consent form also contains the clause that you will pay for the testing. If you don't, you get sued. Get a copy of the form and see what you signed.
I'd get a really good Attorney -
There's no charge for a blood draw? Bull honkey.Quote:
Originally Posted by SeXXyFelon
When you consented to the draw, you consented to the charges. PERIOD.
Sure don't pay. But don't b1tch the next time you go to the hospital and get your bill. It's because of people like you that the costs have skyrocketed.
I don't understand how someone could do that and then blame the Police. I just can't fathom that "I know I can beat it" attitude. I only hope (and I doubt that she is ) smart enough not to distribute this S***Quote:
Originally Posted by J_9
To kids. What a messed up world.:mad:
I'm in NY. I drive thousands of over-the-road miles a year. I've never been framed by the Police. In fact, I can't even remember the last time I was stopped by the Police, let alone framed.
I've never had my vehicle searched, my belongings searched, been asked to take a roadside sobriety test, been asked to take a blood test.
Maybe they aren't so "slimey" in my area of the State.
Hello again, S:Quote:
Originally Posted by SeXXyFelon
Me too. But, if you complain about them just to get out of what you did, then it makes it harder to complain about them when they actually DO wrong. So, you're not fooling anyone with yourself righteous indignation about policing the police. You ain't doing society any favors. In fact, if you want to do society a favor, STOP drinking and driving. Pay your bills, too!
excon
| All times are GMT -7. The time now is 05:54 AM. |