Questions about a search

[IVTech09]

This is a case in Indiana.

16 months ago I called the police for help because I was assaulted. The police came and they went upstairs to arrest the man, and instead came back downstairs and asked me if I had threatened to shoot him. I did not. They asked if they could search my car, and I denied that because of my amendment right.

They put me in handcuffs, sat me down on the car, and proceeded to search my car. They found a syringe with 1 dose (1cc) of testosterone. They did NOT arrest me, or cite me. They let me go.

3 weeks ago a friend and I were pulled over and they ran a check on us. I had a warrant issued 3 hours before we got pulled over for unlawful possession of a syringe (D Felony) and possession of a controlled substance (D felony).

I've a full time job, I'm a full time college student, and I'm also trying to enlist in the army. I have no prior offenses at all. What kind of fines am I looking at here, will I do probation or time?

Also, I have 2 routes to go here.

#1 is get a public defender appointed.

#2 is hire a criminal defense attorney which I want to do. All I have is $500 cash, and a $500 bond. I could pay an attorney about $500-$600 a month...would any attorney take that small of an amount up front?

I just want the best possible outcome for this case. I cannot enlist with a controlled substance charge on my record as the military is not taking waivers for drug related crimes.

Thanks guys.

Edit: I was not in my car when they asked if they could search it. I'm not sure if that matters.

 

[FlyingRon]

Most for hire lawyers aren't going to take a payment plan from a druggie.

The military is the least of your concerns at this point, a class D is good for 6 mos-3 years in prison.

Something here is more than meets the eye. It's definitely going to take frank discussions with your attorney to figure this out.

The military doesn't need druggies either.

 

[IVTech09]

Most for hire lawyers aren't going to take a payment plan from a druggie.

The military is the least of your concerns at this point, a class D is good for 6 mos-3 years in prison.

Something here is more than meets the eye. It's definitely going to take frank discussions with your attorney to figure this out.

The military doesn't need druggies either.

Wow bro, "Druggie" ? It was testosterone, which is naturally made in the human body. It wasn't cocaine methamphetamine or heroin or crack! I was a competitive bodybuilder and was trying to be the BEST in my sport. I've never tried marijuana or any other narcotics at all. I don't drink or smoke either.

And as for the military, they will take people with charges. What irritates me is that a person can get in for a D felony possession of marijuana or marijuana use but if I did a little bit of juice for a competitive sport I have to have a waiver for that and/or get the charge dismissed.

Before you judge Ron, I'm a full time college student with a 40 hour a week job. I've no prior arrests and 0 convictions. I did contact some attorneys and they said they'd be more than happy to work with me. I'm not going to get time for this, at the very worst I'm going to get probation.

 

[Zigner]

I'm a full time college student with a 40 hour a week job. I've no prior arrests and 0 convictions.

Millions of people in this country do what they're supposed to. You did not.

 

[FlyingRon]

Wow bro, "Druggie" ? It was testosterone, which is naturally made in the human body. It wasn't cocaine methamphetamine or heroin or crack! I was a competitive bodybuilder and was trying to be the BEST in my sport. I've never tried marijuana or any other narcotics at all. I don't drink or smoke either.

The military doesn't need people who feel that it is ok to break the law, the rules of the sport, and to cheat to attain their goal. Some people just are pathologically incapable of understanding the priniciples of honor.

 

[ERAUPIKE]

Wow bro, "Druggie" ? It was testosterone, which is naturally made in the human body. It wasn't cocaine methamphetamine or heroin or crack! I was a competitive bodybuilder and was trying to be the BEST in my sport. I've never tried marijuana or any other narcotics at all. I don't drink or smoke either.

And as for the military, they will take people with charges. What irritates me is that a person can get in for a D felony possession of marijuana or marijuana use but if I did a little bit of juice for a competitive sport I have to have a waiver for that and/or get the charge dismissed.

Before you judge Ron, I'm a full time college student with a 40 hour a week job. I've no prior arrests and 0 convictions. I did contact some attorneys and they said they'd be more than happy to work with me. I'm not going to get time for this, at the very worst I'm going to get probation.

You would need to attain a waiver for marijuana possession or use as well. Steroids, or "juice," hav long lasting adverse physical and mental side effects that the Army may be unwilling to treat.

Everyone has to be convicted a first time, it doesn't make you any less guilty. In fact, it seems like you have yet to learn a lesson. If you are convicted of a felony that removes your civil rights, like owning or possessing a firearm, you will be be precluded from doing so during your military service as well. This will severely limit your career possibilities and chances of admission into the ARMED services. I guess a little juice can do much more damage then you ever imagined.

 

[CJane]

You're a full time student NOW, but I'm betting you won't be when you're financial aid is revoked.

 

[Shadowbunny]

Waivers

Currently, the Army isn't accepting anyone who requires a waiver for drug charges -- not even a misdemeanor charge. No need to do waivers when law-abiding citizens are wanting to enlist.

 

[CJane]

According to the United States Department of Education, if a student is convicted of a drug offense after receiving Federal aid money, he or she must notify the Financial Aid department immediately and that student will become ineligible for further aid and also be required to pay back any and all aid received after the conviction.

http://www.odos.uiuc.edu/sls/brochureAds/downloads/DrugsFinancialAid.pdf

 

[IVTech09]

Millions of people in this country do what they're supposed to. You did not.

Yes I know, and now I'm paying for it. Lesson learned.

The military doesn't need people who feel that it is ok to break the law, the rules of the sport, and to cheat to attain their goal. Some people just are pathologically incapable of understanding the priniciples of honor.

Yes, I broke the law...I messed up.

The rules of the sport??? IFBB shows are NOT TESTED. Every single IFBB pro and NPC competitor uses steroids. It isn't "cheating". Steroids don't make it any easier to get larger. You have to train HARDER while taking them. Pathologically incapable of understanding honor....Right. Have you ever told a lie? Lied to your parents, your teacher, your wife/girl, your friends? Everyone has. You are no better than I or anyone else. Humanity is imperfect.

Have you ever broken the law? Drank underage, smoked marijuana or done narcotics? Driven drunk? I'm sure you've broken the law before. The only difference between you and I is that I GOT CAUGHT. Just because you did not get caught breaking the law does NOT make you better than me or anyone else.

You would need to attain a waiver for marijuana possession or use as well. Steroids, or "juice," hav long lasting adverse physical and mental side effects that the Army may be unwilling to treat.

Everyone has to be convicted a first time, it doesn't make you any less guilty. In fact, it seems like you have yet to learn a lesson. If you are convicted of a felony that removes your civil rights, like owning or possessing a firearm, you will be be precluded from doing so during your military service as well. This will severely limit your career possibilities and chances of admission into the ARMED services. I guess a little juice can do much more damage then you ever imagined.

Yes I understand what you are saying, but I have learned a lesson. I'm doing what I can to straighten everything out and get my life back on track. I used steroids under a doctors supervision and the only adverse side effect I ever got was slightly elevated cholestrol from winstrol. I never had any heart, liver, or kidney issues. Three doctors told me I was a, "Machine of health."

Currently, the Army isn't accepting anyone who requires a waiver for drug charges -- not even a misdemeanor charge. No need to do waivers when law-abiding citizens are wanting to enlist.

The ARMY is not taking anyone with any drug charges you are correct. Marines are and a Marine is what I want to become.

According to the United States Department of Education, if a student is convicted of a drug offense after receiving Federal aid money, he or she must notify the Financial Aid department immediately and that student will become ineligible for further aid and also be required to pay back any and all aid received after the conviction.

http://www.odos.uiuc.edu/sls/brochureAds/downloads/DrugsFinancialAid.pdf

Yes you are correct. I work full time to pay for my school I never got financial aid. I wanted to pay for it on my own. That law never made sense to me. I understand why its implemented; they don't want the kids using the financial aid money for drug habit--HOWEVER, what doesn't make sense to me, is this: Is taking a students education away because of a screw up the answer to keeping kids OFF drugs? Doesn't make much sense at all. It would make much more sense for them to dictate where every cent of that money went rather than take the education away in its entirety.

 

[FlyingRon]

The rules of the sport??? IFBB shows are NOT TESTED. Every single IFBB pro and NPC competitor uses steroids.

Everybody does it, doesn't make it right.

Lied to your parents, your teacher, your wife/girl, your friends? Everyone has.

Everybody has not, and even if they did, it doesn't make it right.

The only difference between you and I is that I GOT CAUGHT.

Breaking the law, lying, cheating, and otherwise being dishonorable is OK unless you get caught. And if you do get caught, it should be excused because others didn't get caught.


Yes, with every word you say you reinforce my hasty initial analysis. You are pathologically incapable of understanding the basic tenets of what it would take to be a Marine (or a member of any other military service).

 

[IVTech09]

Everybody does it, doesn't make it right. Its my body, and my business. I DID WHAT I HAD TO DO TO MAKE IT IN THE SPORT. MY BODY, MY BUSINESS.

Everybody has not, and even if they did, it doesn't make it right.
SO YOU'RE SAYING YOU'VE NEVER LIED TO ANYONE CLOSE TO YOU? WOW JESUS, CAN WE HANGOUT SOMETIME?

Breaking the law, lying, cheating, and otherwise being dishonorable is OK unless you get caught. And if you do get caught, it should be excused because others didn't get caught.
I NEVER SAID THIS. I KNOW I MESSED UP. MY POINT IS THAT YOU NEED TO QUIT PREACHING WHEN YOU HAVE MADE MISTAKES AND BROKEN LAWS IN YOUR LIFE AS WELL. HYPOCRISY AT ITS FINEST. GOT TO LOVE IT!


Yes, with every word you say you reinforce my hasty initial analysis. You are pathologically incapable of understanding the basic tenets of what it would take to be a Marine (or a member of any other military service).

In caps above. You should quit taking your insecurities in your life out on someone else or look into it.

 

[hmbttw2012]

HELLO IVTech09 ! I think the polices were kind of cruel who put you in handcuffs .Can you tell me what the D is short for , D Felony? Thanks

 

[dave33]

If you want to fight this and are looking to get a dismissal based on an improper search than you should get a private attorney. Going strictly on your version of events it sounds like you have a decent foundation. I am not sure of particular Indiana state law. You would need a clear understanding in order to determine the likely hood of a favorable result. That is one of many reasons you would need a private att. Also do you have any friends that have used a criminal defense lawyer in the past? If this goes to trial it will not happen overnight. This may give you8 enough time to put some money together. It is possible a $1000 will be enough for an attorney to enter on your behalf. Than a strict payment plan which you must adhere to. The only way to find out is to ask. So if I were you I would be on the phone trying to arrange a defense. goodluck.