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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-14-2008, 07:25 PM
Junior Member
 
Join Date: Dec 2007
Posts: 6

feel trapped


NY State

Hello,
I was selling marijuana at college in NYC to under covers, and I have pleaded guilty to this. However, the under covers would time and again hound me for something stronger, something like LSD or ecstasy. I told him "no, I don't sell that or have that". Every day he came I told him no, and every day he used more and more pressure, making it seem like I'd be putting him in danger by sending him to Harlem if I didn't help out. After enough of this, I told him I will try to see what I can do, and then gave it to him ONE time thinking it would stop the badgering. You see, I did not willingly commit this crime.


Question is, my lawyer says it’s very difficult to prove entrapment (which I clearly was, no other days have I ever dealt with LSD until involved with police) I wanted to tell the story to the judge but my lawyer (who I also paid a ton of money to) said it would just be best if I admitted guilt to everything, and told me to plead guilty to everything. He said something like if I was selling marijuana, then it doesn't matter if I was selling LSD, there was a propensity to sell drugs (although I think it’s a HUGE difference in terms of which drug, therefore difference in crime.) So I pleaded guilty to everything, but wanted to plead guilty with explanation, and then my lawyer said to me 'NO explanation' and so it feels like I’ve just been reamed. Even worse, they made me immediately give up and right to appeal, although they afterwards gave me a form telling me how to appeal. I would be charged with a felony either way, but a much less severe one. Because of this I have to go through Intensive Supervision. Do you think the lawyer was right in doing this? I kind of feel like he is in cahoots with the DA or he just didn't see more money coming from me and I think that I shouldn’t of pleaded guilty to the LSD charge. Thank you very much
  #2  
Old 04-15-2008, 06:57 AM
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Join Date: Feb 2007
Posts: 8,280
Entrapment is using duress to compel you to commit a crime you wouldn't be ordinarily inclined to commit. As your lawyer says, it's difficult to use entrapment as a defense and everything else he says appears correct.
  #3  
Old 04-15-2008, 11:53 AM
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Join Date: Jan 2001
Posts: 12,075
Quote:
You see, I did not willingly commit this crime.
Yes you did.

Quote:
I told him I will try to see what I can do, and then gave it to him ONE time thinking it would stop the badgering.
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