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delivery of controlled substance

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cs78102

Junior Member
What is the name of your state? Texas
I was charged with 2 counts of delivery of a controlled substance less than one gram. The first charge was on sept 05 where an informant was wired and supplied $20 andhe came to my door we spoke inside my house when he went to leave he asked if I had anything and i said no but i might this weekend and I was looking for myself. He than met with officer and told them I gave him the drugs and they sent it off for analyis. The second charge was in Nov 2005 and the CI was wired and came to my house and talked about some marijuana that I could get. He then left my house and met with officers and said I sold him $50 bucks worth and that I had a Kilo, which I never said and the cop said him self on the audio that I did not say that. 2 years later a detective knocked on my do with a warrant for my arrest. I then quickly get dressed and drive myself to the shieff's office to turn myself in. I was never read my miranda rights. The audio never had me say here's the drug's nor did the Confidital informant say heres the money. Now I am indicted and the pros. whant to plea bargain for 5 years for each count and I have never been arrested ever in my life.
My court appointed attorney says that if my voice is reconizible that there is nothing we can do about it. Is this true? What should I do? I can not have a felony charge against me for something I did not do. :confused: So please help me!!!:):):)
 
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FlyingRon

Senior Member
Miranda rights only apply to questioning while in custody.

If your voice? Your attorney is remiss if he isn't already listening to the tape.
 

tranquility

Senior Member
It seems from your post you do deal drugs. It seems from the arrest, you were caught. I tend to be a libertarian on the drug laws and disagree with them in theory, but they are on the books and it's not like people are not notified as to how society feels about drug use/sales. There is nothing I can give you from what you've said. There are no issues. Listen to your attorney. If he finds something he can argue, great. If not, make a deal, admit your crime, tell the court how you've never been arrested and throw yourself on it's mercy.
 

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