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eliquest · Nov 25, 2008, 02:17 PM

:( 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?

excon · Nov 25, 2008, 03:27 PM

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

Forgiveme · Nov 25, 2008, 10:10 PM

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?

eliquest · Nov 25, 2008, 10:37 PM

Originally Posted by Forgiveme

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:

Forgiveme · Nov 25, 2008, 10:44 PM

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

Forgiveme · Nov 25, 2008, 10:45 PM

Are you in manhattan court?

eliquest · Nov 25, 2008, 10:46 PM

Originally Posted by excon

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:

eliquest · Nov 25, 2008, 10:48 PM

Originally Posted by Forgiveme

are you in manhattan court?

Yes 100 Centre St.

Forgiveme · Nov 25, 2008, 10:52 PM

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.

Forgiveme · Nov 25, 2008, 11:12 PM

You going to be all right eliquest/

eliquest · Nov 25, 2008, 11:26 PM

Originally Posted by Forgiveme

you gonna be alright eliquest/

Thanks for the thought.

Forgiveme · Nov 25, 2008, 11:38 PM

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?

Forgiveme · Nov 25, 2008, 11:43 PM

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.

eliquest · Nov 25, 2008, 11:53 PM

Originally Posted by Forgiveme

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".

eliquest · Nov 25, 2008, 11:57 PM

Originally Posted by Forgiveme

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.

Forgiveme · Nov 26, 2008, 12:02 AM

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.

excon · Nov 26, 2008, 05:47 AM

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

eliquest · Nov 26, 2008, 08:05 AM

Originally Posted by 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.

excon · Nov 26, 2008, 08:37 AM

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

eliquest · Nov 26, 2008, 08:47 AM

Originally Posted by 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.