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False Pretenses

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fakenick

Junior Member
What is the name of your state? Georgia

I'll give my story below. If anyone has any suggestions as to what action I should take from this point, please post.

I was asleep at 3 a.m. on June 21st when two officers entered my room and pulled me out of bed at gun point. When I came to my senses, they told me that they had arrived at my house looking for a missing teenager (who I knew, but had never been to my house) and they had seen pot laying out on the table when my roommate allowed them to enter with the stated purpose of looking for this girl. However, the police had been at the house 30 minutes before they knew I was in one of the bedrooms – the missing girl could have been there for all they knew, but they did not seem to be concerned with that. I was then taken outside and handcuffed to my deck, where I waited 20 minutes until DTF showed up. They asked if they could search the house - I denied them and everyone left except the first 2 officers. My roommate, his brother, one of our friends, and myself where detained the entire time that DTF was gone. DTF showed back up 5 hours later with a search warrant, and found a little over 4 grams of meth, 1/2 gram of coke, less than an ounce of pot, 3 sets of scales, sandwich bags, around $2,000 cash, and 2 WW2 collector rifles. I took most the the charges on me: I was charged with pot with intent, meth with intent, possession of cocaine, and possession of a firearm in commission of a crime. It's obvious that I sold pot at times to support my habit, but I did not sell meth - which is a serious offense. The meth that the police found was in one bag, and there were no little baggies in the house. I am hoping I can get that charge down to possession, because that's exactly what it was there for.

I am 20 years old, a full time college student for the last 3 years, and I am very academic - I have a GPA of 3.8 and I have been on the deans list the entire time of my college career. I have never been in any sort of trouble before, so I am hoping to plead first offender. I am meeting with a rehab councilor tomorrow to be evaluated. And then I am going to go ahead and go to rehab no matter the outcome of my trail - if I have one at all, since I may do a plea bargain because I don't have much money to spend on a lawyer. In doing this, I am hoping to show to the DA and judge that I am willing to change, and I no longer wish to use drugs. In essence, tell them that I was wrong and won't do it again.

Please advise.

(NOTE: my roommate’s lawyer has already discovered that the supposed missing person was at home during the time that the police showed up at our house. And also, her brother had recently been busted with pot. He was charged with minor possession, but I know the person that was with him when he was busted, and he said that the cops charged him with intent, but later reversed that decision because he narked on someone. When I spoke to the supposed missing girl a few days later, she said, “I am sorry about what happened. It was my brother’s fault. I was at home the entire time.” Can I get these police on entering under false pretense – or should I just face the music and see where that goes? Also, please note that I will probably represent myself, since I have studied law to a minor degree and I do not have the money for a lawyer nor do I want to use the one that can be provided to me.)
 


smutlydog

Member
fakenick said:
What is the name of your state? Georgia

I'll give my story below. If anyone has any suggestions as to what action I should take from this point, please post.

I was asleep at 3 a.m. on June 21st when two officers entered my room and pulled me out of bed at gun point. When I came to my senses, they told me that they had arrived at my house looking for a missing teenager (who I knew, but had never been to my house) and they had seen pot laying out on the table when my roommate allowed them to enter with the stated purpose of looking for this girl. However, the police had been at the house 30 minutes before they knew I was in one of the bedrooms – the missing girl could have been there for all they knew, but they did not seem to be concerned with that. I was then taken outside and handcuffed to my deck, where I waited 20 minutes until DTF showed up. They asked if they could search the house - I denied them and everyone left except the first 2 officers. My roommate, his brother, one of our friends, and myself where detained the entire time that DTF was gone. DTF showed back up 5 hours later with a search warrant, and found a little over 4 grams of meth, 1/2 gram of coke, less than an ounce of pot, 3 sets of scales, sandwich bags, around $2,000 cash, and 2 WW2 collector rifles. I took most the the charges on me: I was charged with pot with intent, meth with intent, possession of cocaine, and possession of a firearm in commission of a crime. It's obvious that I sold pot at times to support my habit, but I did not sell meth - which is a serious offense. The meth that the police found was in one bag, and there were no little baggies in the house. I am hoping I can get that charge down to possession, because that's exactly what it was there for.

I am 20 years old, a full time college student for the last 3 years, and I am very academic - I have a GPA of 3.8 and I have been on the deans list the entire time of my college career. I have never been in any sort of trouble before, so I am hoping to plead first offender. I am meeting with a rehab councilor tomorrow to be evaluated. And then I am going to go ahead and go to rehab no matter the outcome of my trail - if I have one at all, since I may do a plea bargain because I don't have much money to spend on a lawyer. In doing this, I am hoping to show to the DA and judge that I am willing to change, and I no longer wish to use drugs. In essence, tell them that I was wrong and won't do it again.

Please advise.

(NOTE: my roommate’s lawyer has already discovered that the supposed missing person was at home during the time that the police showed up at our house. And also, her brother had recently been busted with pot. He was charged with minor possession, but I know the person that was with him when he was busted, and he said that the cops charged him with intent, but later reversed that decision because he narked on someone. When I spoke to the supposed missing girl a few days later, she said, “I am sorry about what happened. It was my brother’s fault. I was at home the entire time.” Can I get these police on entering under false pretense – or should I just face the music and see where that goes? Also, please note that I will probably represent myself, since I have studied law to a minor degree and I do not have the money for a lawyer nor do I want to use the one that can be provided to me.)
If it were Texas their would be diversion progams available which means it would be erased from your record upon completion but the firearm charge would throw the whole thing out of wack.

Did you ask your mentally retarded roommate why he gave permission to search?
Did you keep your mouth shut through the ordeal?

You are crazy to not accept a public defender.When you get convicted of a felony your college degree may as well go in the garbage can.You may be able to argue that they had no reason to search for the girl since they had not even searched her own home.I could be wrong but it sure doesn't seem right that they can search for someone whos not actually missing.

Get the public defender after being indicted and together look over the discovery then see where you stand.
 

fakenick

Junior Member
I would get a public defender, but the ones that we have in my county are a joke. They lose every case, and really don't give a damn.

Good idea about the cops not searching the for the girl at her own house first.

If I get my firearm charged dropped, the meth down to possession, plead first offender, and decide to go with a plea bargain - what kind of deal would sound better than going through all the legal processes? 2, 5, 1,000 years probation? :rolleyes:
 

smutlydog

Member
It's not time to throw up the white flag

Public defenders are not always bad. You never know.It may be a young attorney who may someday go on to become a U.S. Attorney.At least interview the guy.If you defend yourself you will loose fore sure .

I don't see this as a bullet proof case for the prosecution and you have the girl that can be called as a witness in the motion to supress the evidence hearing.Once the warrant is thrown out all evidence obtained by the police will be thrown out.
For now don't speak to any cops or anybody from the DAs office.Just wait for them to indict you and then ask for a public defender without answering any questions.You never know maybe the grand jury will reject the case.
 

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