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2 lawyers have shafted me need help

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kentk2001

Junior Member
What is the name of your state (only U.S. law)? florida
I
am facing 3 yrs (tracifing mj and conspercy to trafic mj)(over 20 grams)

CI wore a wire and video came in on friday .. picked up 10 lb no money changed hands
swat team came in following mon found 46 lb..

CI was busted with 4 recived 2 yrs probation...7 months in failed drug test left state..

procuters say they lost track of him in another state they say they are ready to go to trial with out him (his warrent says pick up florida only )

the lawyer that I have now says he wanted to be removed from my case the judge said no I asked the judge to let him go that he would not repcent me to the fullst of his ability

judge asked me how much I pay my self I said I don't I pay my bills the judge would not listen($675 a month )not including food about 200 $ a month that is (morgage ,lights,phone,cable,insurance)
said I did not qualify for a public defender

I have paid $10,000 to first lawyer over 18 months he moved out of state said he was coming back and he would have a friend stand in.

in 6 months he recived( the stand in) $4,000 at this point I have no choice except to go to trial (If I go to jail I lose every thing )

I know I am between a rock and a hard place I go to trial in 1 week any advice would help
(also my co defendent violated probation from previous charges)
the lawyer that he used to get his probation is the same as the CI used to get his deal that lawyer is dating my prosicuter (this is a small town if proven does this have baring )
 
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Proserpina

Senior Member
What is the name of your state (only U.S. law)? florida
I
am facing 3 yrs (tracifing mj and conspercy to trafic mj)(over 20 grams
CI wore a wire and video came in on friday picked up 10 no money changed hands swat team came in following mon found 46 CI was busted with 4 recived 2 yrs probation...7 months in failed drug test left state procuters say they lost track of him in another state they say they are ready to go to trial with out him (his warrent sayes pick up florida only )the lawyer that I have now says he wanted to be removed from my case the judge said no I asked the judge to let him go that he would not repcent me to the fullst of his ability judge asked me how much I pay my self I said I don't I pay my bills the judge would not listen($675 a month )not including food about 200 $ a month said I did not qualify for a public defender I have paid $10,000 to first lawyer over 18 months he moved out of state said he was coming back and he would have a friend stand in. in 6 months he recived $4,000 at this point I have no choice except to go to trial (If I go to jail I lose every thing )
I know I am between a rock and a hard place I go to trial in 1 week any advice would help
(also my co defendent violated probation the lawyer that he used to get his probation is the same as the CI used to get his deal that lawyer is dating my prosicuter this is a small town if proven does this have baring )
Dude, this is really hard to follow - could you please edit and use paragraphs and punctuation?
 

ERAUPIKE

Senior Member
What is the name of your state (only U.S. law)? florida
I
am facing 3 yrs (tracifing mj and conspercy to trafic mj)(over 20 grams)

CI wore a wire and video came in on friday .. picked up 10 lb no money changed hands
swat team came in following mon found 46 lb..

CI was busted with 4 recived 2 yrs probation...7 months in failed drug test left state..

procuters say they lost track of him in another state they say they are ready to go to trial with out him (his warrent says pick up florida only )

the lawyer that I have now says he wanted to be removed from my case the judge said no I asked the judge to let him go that he would not repcent me to the fullst of his ability

judge asked me how much I pay my self I said I don't I pay my bills the judge would not listen($675 a month )not including food about 200 $ a month that is (morgage ,lights,phone,cable,insurance)
said I did not qualify for a public defender

I have paid $10,000 to first lawyer over 18 months he moved out of state said he was coming back and he would have a friend stand in.

in 6 months he recived( the stand in) $4,000 at this point I have no choice except to go to trial (If I go to jail I lose every thing )

I know I am between a rock and a hard place I go to trial in 1 week any advice would help
(also my co defendent violated probation from previous charges)
the lawyer that he used to get his probation is the same as the CI used to get his deal that lawyer is dating my prosicuter (this is a small town if proven does this have baring )
What is your question?
 

ERAUPIKE

Senior Member
what are my options
If you are found guilty you will face a three year mandatory minimum sentence and a $25,000 fine. The judge has no latitude with this sentence. Lawyers do not often ask to step down from representing a client. Were you honest with him or were you trying to commit perjury? Your options are pretty limited since it seems you were caught dead to rights in possession. Spending $10,000 on a lawyer shows that you obviously have the funds to hire a private attorney. If there is a real issue with your lawyer you need to address it with the state bar. You have every right to fire your attorney and hire new counsel. You do not have the right to free counsel from the state if you can afford a private attorney. Prepare for the worst because you are going to jail for at least 3 years because of your decision to sell drugs.
 

kentk2001

Junior Member
tapet out

There are no more funds and it's to late to go to the fla bar I was honest with him I just can't come up with enuf money to keep him happy

what about right to face accuser CI will not be in court he is on the run in another state fla warrent says (pick up fla only)
 

smutlydog

Member
What is the name of your state (only U.S. law)? florida
I
am facing 3 yrs (tracifing mj and conspercy to trafic mj)(over 20 grams)

CI wore a wire and video came in on friday .. picked up 10 lb no money changed hands
swat team came in following mon found 46 lb..

CI was busted with 4 recived 2 yrs probation...7 months in failed drug test left state..

procuters say they lost track of him in another state they say they are ready to go to trial with out him (his warrent says pick up florida only )

the lawyer that I have now says he wanted to be removed from my case the judge said no I asked the judge to let him go that he would not repcent me to the fullst of his ability

judge asked me how much I pay my self I said I don't I pay my bills the judge would not listen($675 a month )not including food about 200 $ a month that is (morgage ,lights,phone,cable,insurance)
said I did not qualify for a public defender

I have paid $10,000 to first lawyer over 18 months he moved out of state said he was coming back and he would have a friend stand in.

in 6 months he recived( the stand in) $4,000 at this point I have no choice except to go to trial (If I go to jail I lose every thing )

I know I am between a rock and a hard place I go to trial in 1 week any advice would help
(also my co defendent violated probation from previous charges)
the lawyer that he used to get his probation is the same as the CI used to get his deal that lawyer is dating my prosicuter (this is a small town if proven does this have baring )
What kind of a plea deal is the state offering you? Considering they are short one witness, it should be something better than 3 years.
 

ERAUPIKE

Senior Member
There are no more funds and it's to late to go to the fla bar I was honest with him I just can't come up with enuf money to keep him happy

what about right to face accuser CI will not be in court he is on the run in another state fla warrent says (pick up fla only)
You can try to argue that but you stated the CI recorded both video and audio of the transaction. The DA will not need the CI's testimony to convict you for the sales. Even without the initial transaction, the 46 lbs is what will give you the three year MMS. I find it hard to believe that you do not posses the assets to obtain another lawyer and so does the judge. Don't worry about your car, house, or any other possession. They will most likely become the property of the state very soon.
 

kentk2001

Junior Member
broke

I own a 93 pathfinder nissan my house is a single wide mobil home bought at the top of the real estate bubble for 25,000$ still owe 22,000 11.75 % intrest my biz is small a car stereo window tint we went from
20,000$ a month to 4,000$ a month so there is no more money
the plea is 2and 1/2 years witch they say is off the table if i take it to trial
 

mrminister

Junior Member
Priors? How old are you?

Take it to trial unless offered probation. If they could win without their witness they would never produce them. It would always be "oh we can't find him but we found this on you". Doesn't work that way, they have to prove the delivery took place regardless if they find a dead body in your car after. No money changed hands? Good, you weren't caught with "marked" money.

So they got a tape of 2 people. 1 aint telling and 1 aint around to tell, I don't see the problem?

Forbidden fruit, chain of custody, yer good.
 

ERAUPIKE

Senior Member
Priors? How old are you?

Take it to trial unless offered probation. If they could win without their witness they would never produce them. It would always be "oh we can't find him but we found this on you". Doesn't work that way, they have to prove the delivery took place regardless if they find a dead body in your car after. No money changed hands? Good, you weren't caught with "marked" money.

So they got a tape of 2 people. 1 aint telling and 1 aint around to tell, I don't see the problem?

Forbidden fruit, chain of custody, yer good.
I would not take legal advice from someone with grammar as atrocious as this. What has your lawyer suggested you do? If you do not want to follow his advice, you have that right. A jury trial will cost you more and you will undoubtedly lose.
 
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kentk2001

Junior Member
offer is

they are offering 2&1/2 yrs
this was not a life style it was a bad decision 2&1/2 yrs ago I had 2 stores biz was good had 6 employes now i am down to 1 store and a installer on call when I have work
 

kentk2001

Junior Member
offer is

they are offering 2&1/2 yrs
this was not a life style it was a bad decision 2&1/2 yrs ago I had 2 stores biz was good had 6 employes now i am down to 1 store and a installer on call when I have work
 

ERAUPIKE

Senior Member
they are offering 2&1/2 yrs
this was not a life style it was a bad decision 2&1/2 yrs ago I had 2 stores biz was good had 6 employes now i am down to 1 store and a installer on call when I have work
I am sorry business was bad, but that is no excuse to become a low life drug dealer. Which is what you were. You have every right to a fair and speedy trial. Be prepared to reap the whirlwind when you lose. The state has video of you selling 10 lbs of marijuana. Show me where in the statute it states you have to exchange money for the charges to stick. The state has you for possession of 46 lbs on your property, a major felony. You can expect the judge in this case to reward your zealous defense with a very stiff penalty. At the very least you will serve three years, you can expect a few tacked on the backside of that if you reject your deal. If you are innocent, then by all means take it to trial. If you are guilty, which it seems you are, you will lose. If the state is throwing you a life ring, take it.
 
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